i-law

Litigation Letter

Recognising foreign judgment under appeal

Philips and others v Avena and another ChD TLR 22 November

Recognition of a foreign judgment in the UK clearly requires the foreign judgment to be final and conclusive, but the existence of a right of appeal, or even the fact that an appeal was pending, did not mean that the foreign judgment could not be final and conclusive. In these circumstances, the court exercised its discretion and made an order recognising a judgment given by the Court of Queen’s Bench of Alberta.

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