- Who is a 'real plaintiff' for the purposes of enforcing a US judgment in the UK (Swiss Life v Moses Kraus)
- Practical implications
- Authorities—what is a submission to the jurisdiction?
- Authorities—can an order be made against a real plaintiff?
- Authorities—jurisdiction in related proceedings
- Issue—Was Mr Kraus the 'real plaintiff' in the Main Action?
- Issue—Did Mr Kraus submit to the Third Party proceedings, as the real plaintiff in the Main Action?
- Issues—defences of abuse of process, non severability and PTIA 1980
- Court details
Dispute Resolution analysis: Mr Justice Green, in allowing an appeal against summary judgment, considers in detail the case law applicable to determining whether proceedings involve nominal plaintiffs while a ‘real plaintiff’ runs proceedings in the background. The case involved enforcement in the UK of the costs element of a US default judgment. Summary judgment in favour of the defendant opposing enforcement had been granted but Green J allowed the appeal holding that there was an arguable case that the English defendant was the real plaintiff in the US proceedings.
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