Insolvency Proceedings and Shareholdings: When ss a Foreign Judgment not a Judgment? Cambridge Gas v. Navigator Holdings Pattni v Ali

Publication Type

Journal Article

Publication Date

1-2007

Abstract

Rule 40(1) of Dicey, Morris and Collins 1 reads as follows: A court of a foreign country has jurisdiction to give a judgment in rem capable of enforcement or recognition in England if the subject-matter of the proceedings wherein that judgment was given was immovable or movable property which was at the time of the proceedings situate in that country. Its application seems to be simple enough. But the commentary to r 40 warns us, “[t]he question whether a foreign judgment is in personam or in rem is sometimes a difficult one on which English judges have been divided in opinion”. This warning, however, still falls rather short. As two opinions recently handed down by the Privy Council illustrate, r 40(1) raises two distinct issues: one, whether for purposes of recognition or enforcement, a foreign judgment is to be characterized as being in rem or in personam , and two, whether the foreign “judgment” is a judgment at all.

Discipline

Bankruptcy Law

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

2007

Issue

2

First Page

129

Last Page

135

ISSN

0306-2945

Publisher

Informa

Additional URL

https://www.i-law.com/ilaw/doc/view.htm?id=130530

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