Coursework- law paper Coursework Example | Topics and Well Written Essays - 3750 words

- law paper - Coursework Example 3 The Italian judgment however is not automatically enforceable in English Court. Its registration is dependent on the English court being satisfied that particular conditions have been met. 4 The procedure for the registration of foreign judgments is that the judgment or certified copy, together with a translation into English of the original judgment if it is in a foreign language, is lodged with the High Court of Justice in England, together with an affidavit in support of the application for the judgment to be registered. 5 Accordingly, the litigant wishing to enforce the judgment must: 1. Issue new proceedings in England, for recognition of the foreign judgment in England; 2. Serve those proceedings upon the defendant either within the jurisdiction or outside the jurisdiction; 3. Rebut the availability of any defences said to be available to the Defendant, if any are raised. 4. Obtain Summary Judgment, on the basis of the foreign judgment. 5. Enforce the English judgment obtaine d by way of Summary Judgment against the assets of the Defendant either in the UK or in Europe. In the absence of either of these steps, a foreign judgment has no force or effect in England. There can be recognition without enforcement, but never enforcement without recognition. 6 The application is made without notice (ex-parte) by lodging papers with the Master's Secretary's Department. The conditions of the applicable Act must be complied with. 7 The Applicable Acts are as follows: 1).European Judgments - Judgments of foreign States signatories to the Judgments Regulation 2000 (which replaced the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 1968 for all EU countries save for Denmark) and the Lugano Convention which applies to EFTA countries; (2) Judgments of Commonwealth States and States with which the UK has a bilateral Treaty; and (3) Judgments from courts of foreign States with which there is no treaty. 8 There are th ree statutory schemes providing for the enforcement of foreign judgments in England and Wales. They are: 1. The Administration of Justice Act 1920; 2. The Foreign Judgments (Reciprocal Enforcement) Act 1933; and 3. The Civil Jurisdiction and Judgments Act 1982 (incorporating into English Law, as appropriate, the provisions of the Brussels & Lugano Conventions and Council Regulation (EC) No. 44/2001 ("the Jurisdiction and Judgments Regulation†). 9 The above statutory schemes and enforcement at common law are not mutually exclusive. 10 The Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, ("the Brussels Convention") was agreed on 27 September 1968 by the (then) six Member States of the European Economic Community. It sought to avoid parallel legal proceedings within the Community, to simplify the recognition and enforcement of judgments and to strengthen the legal protection afforded to citizens of the Member States. It include d detailed rules dealing with the circumstances under which the courts in the Member States might exercise jurisdiction and rules addressing specific civil and commercial legal areas including contract, tort and maintenance. It was amended