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Foreign judgment cannot be registered in English courts due to immunity (Sindicato Unico de Pescadores v International Oil Pollution Compensation Fund)

Foreign judgment cannot be registered in English courts due to immunity (Sindicato Unico de Pescadores v International Oil Pollution Compensation Fund)
Published on: 29 September 2015
Published by: LexisPSL
  • Foreign judgment cannot be registered in English courts due to immunity (Sindicato Unico de Pescadores v International Oil Pollution Compensation Fund)
  • Practical implications
  • The judgment of the Venezuelan court
  • Setting aside the registration order
  • Court details

Article summary

Dispute Resolution analysis: The High Court has agreed to an application by the International Oil Pollution Compensation Fund 1992 (the 1992 Fund) for a declaration that a judgment given in a Venezuelan Court of Appeal cannot be registered against it in the English courts. The English court has no jurisdiction to register the judgment because the 1992 Fund is immune, pursuant to legislative orders made at the time of its ratification in the UK. Although there are exceptions to the immunity, none of those applied and the 1992 Fund therefore could be the subject of adjudicatory or enforcement proceedings in the English courts in respect of this claim. A predecessor fund, known as the 1971 Fund, was no longer in existence at the time the Venezuelan judgment was given and as such Mr Justice Picken set aside a registration order that had been erroneously made by the English court. or take a trial to read the full analysis.

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