Category Archives: Enforcement

Brexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?

In this blog, which follows on from Philip Mead’s recent post explaining the legal implications the Government’s recent White Paper (Cm 9593), Patrick Vincent suggests that the Lugano Convention has been wrongly worded and wrongly translated – but that even if corrected it will not help the UK achieve post-Brexit civil judicial cooperation with the EU. Continue reading Brexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?

MIDTOWN ACQUISITIONS LP V ESSAR GLOBAL FUND LTD [2017] EWHC 519 – ENFORCEMENT OF FOREIGN JUDGMENTS

If it looks like a duck, swims like a duck and quacks like a duck… In this blog post, Patrick Vincent of 12 King’s Bench Walk looks at a recent attempt to escape enforcement of a New York judgment in England on various grounds.

The Claimant obtained two judgments for a total of US$587m in the courts of New York. It did so pursuant to Rule 3218 of the New York Civil Practice Law & Rules (“CPLR”). That rule enables a claimant to enter judgment against a defendant who has “confessed to judgment” by affidavit (“a judgment by confession”), without an action being brought or notice being given. The Defendant had signed such affidavits in the course of negotiating its liabilities to the Claimant.

The English court hearing in front of Teare J determined (i) the Defendant’s challenge to jurisdiction (ii) the Claimant’s application for summary judgment in its action upon one of the New York judgments and (iii) the Defendant’s application for any judgment to be stayed. The applications were heard together by consent. Continue reading MIDTOWN ACQUISITIONS LP V ESSAR GLOBAL FUND LTD [2017] EWHC 519 – ENFORCEMENT OF FOREIGN JUDGMENTS