- Enforcing judgments in Scotland (Drika BVBA (and others) v Clare Giles)
- Original news
- What’s the background to this case?
- What was the issue in this case?
- What did the court decide?
- What are the practical implications for Scottish lawyers, and foreign lawyers seeking to enforce judgments in Scotland?
Dispute Resolution analysis: In what circumstances can foreign judgments be enforced in Scotland through the petition procedure under rule 62.28 of the Court of Session Rules? Richard McMeeken, partner and solicitor advocate at Morton Fraser, comments on a ruling where the judge found that direct effect did not extend to procedural requirements, and the court had to use its inherent power to provide a remedy with care.
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