The Law Reports (Appeal Cases)
[1992] 2 AC 443
[HOUSE OF LORDS]
OWENS BANK LTD. APPELLANTS AND BRACCO AND ANOTHER RESPONDENTS
OWENS BANK LTD. RESPONDENTS AND BRACCO AND ANOTHER APPELLANTS
[CONJOINED APPEALS]
1991 Jan. 21,
22,
23;
Feb. 11, 12, 13;
March 27
1992 Feb. 10, 11, 12, 13;
April 1
Feb. 11, 12, 13;
March 27
1992 Feb. 10, 11, 12, 13;
April 1
Parker, Balcombe and Ralph Gibson L.JJ. Lord Griffiths, Lord Bridge of Harwich, Lord Ackner, Lord Goff of Chieveley and Lord Browne-Wilkinson
Conflict of Laws
— Foreign judgment
— Jurisdiction to enforce
— Judgment against defendants in St. Vincent court
— Defendants alleging fraud
— Application by plaintiff to register St. Vincent judgment
— Application opposed on ground of fraud
— Whether defendants required to adduce fresh evidence
—
Administration of Justice Act 1920 (10 & 11 Geo. 5, c. 81), s. 9
Practice
— Stay of proceedings
— Jurisdiction under European Convention
— Judgment against defendants by St. Vincent court
— Defendants alleging fraud
— Proceedings in Italian courts raising issue of fraud
— Defendants seeking stay of English proceedings to register St. Vincent judgment
— Whether jurisdiction Convention of European Communities applying to non-contracting states
— Whether stay to be granted
—
Civil Jurisdiction and Judgments Act 1982 (c. 27), Sch. 1, arts. 21, 22