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ENFORCEMENT: Distant judgments

01 April 2016  

Anna Pertoldi reports on two recent cases concerning the enforcement of foreign judgments

Two recent High Court decisions have shown how difficult it is to resist enforcement of a foreign judgment in England by relying on matters which were, or could have been, raised in the original court. They also show that the English court will give careful consideration to whether any of the limited defences to enforcement apply, and will not allow them to be used as an indirect route to challenge the original court’s findings: Superior Composite Structures LLC v Parrish [2015] and Smith v Huertas [2015].

Additional Info

  • Case(s) Referenced:

    Case C-681/13 Diageo Brands BV v Simiramida-04 EOOD (2015) First Chamber, 16 July

    Smith v Huertas [2015] EWHC 3745 (Comm)

    Superior Composite Structures LLC v Parrish [2015] EWHC 3688 (Admin)