The Weekly Law Reports
[1992] 2 WLR 127
[COURT OF APPEAL]
OWENS BANK LTD. v. BRACCO AND ANOTHER
1991 Jan. 21,
22,
23;
Feb. 11, 12, 13;
March 27
Feb. 11, 12, 13;
March 27
Parker, Balcombe and Ralph Gibson L.JJ.
Conflict of Laws
— Foreign judgment
— Jurisdiction to enforce
— Judgment against defendants by 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 of fraud
—
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