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Who is a 'real plaintiff' for the purposes of enforcing a US judgment in the UK (Swiss Life v Moses Kraus)

Who is a 'real plaintiff' for the purposes of enforcing a US judgment in the UK (Swiss Life v Moses Kraus)
Published on: 07 August 2015
Published by: LexisPSL
  • Who is a 'real plaintiff' for the purposes of enforcing a US judgment in the UK (Swiss Life v Moses Kraus)
  • Practical implications
  • Facts
  • 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

Article summary

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. or take a trial to read the full analysis.

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