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Coursework sample - Coursework- law paper
Finance & Accounting
Pages 15 (3765 words)
Advice for Strongsteel Inc: Strongsteel Inc., can enforce in England the judgment rendered by the Italian Court in its favor finding Tony liable for damages in the amount of €5 million. The general rule is that Private International law allows enforcement of foreign judgment based on comity, reciprocity, and obligation and acquired right or vested right…
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 obtained by way of Summary Judgment against the assets of the Defendant either in the UK or in Europe. ...
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