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Chapter 7 Recognition and Enforcement of Foreign Judgments

Civil Jurisdiction and Judgments

Chapter 7 Recognition and Enforcement of Foreign Judgments INTRODUCTORY MATTERS 7.01 The schemes by which effect is given in England to foreign judgments In deciding in which court to commence proceedings, a prospective claimant may consider whether a judgment in his favour will be enforceable outside the jurisdiction of the court which gave it. It is all very well to obtain judgment from a particular court, but if the judgment will not work in the country in which the defendant’s assets may be found to be, it will lack practical value. Judged from the point of view of the prospective defendant, the question is whether he can safely turn his back on the foreign proceedings, on the basis that if he does so the judgment will not be enforceable against him outside the State in which it was obtained, or at least not in the States in which he has or plans to keep his assets. This chapter, therefore, examines the rules on the recognition and enforcement of foreign judgments.

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