La Caisse Regional Du Credit Agricole Nord De France v Ashdown [2007] EWHC 528 (QB) (15 March 2007)

La Caisse Regional Du Credit Agricole Nord De France v Ashdown [2007] EWHC 528 (QB) (15 March 2007)

The 6 April 2004 French judgment was not enforceable in France as it only fixed the amount of the claim and did not order payment; therefore, it cannot be registered or enforced in England. The 4 November 2004 judgment was properly included in the application by reference in the evidence and is registrable.

Citation
[2007] EWHC 528
Parties
Claimant/respondent: LA CAISSE REGIONAL DU CREDIT AGRICOLE NORD DE FRANCE; Defendant/appellant: CLIVE ASHDOWN
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Appeal / Judgment on Appeal Against Registration of Foreign Judgments
Outcome
Appeal allowed in part
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction, Recognition of Judgments, European Union Law
Civil Procedure Private International Law Enforcement of Foreign Judgments Jurisdiction Recognition of Judgments European Union Law

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Parties

LA CAISSE REGIONAL DU CREDIT AGRICOLE NORD DE FRANCE

Claimant/respondent

CLIVE ASHDOWN

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Registration of Foreign Judgments

Legal Issues

  1. 1 Whether the French judgment of 6 April 2004 is enforceable in France and thus registrable in England under the Judgments Regulation
  2. 2 Whether the application for registration properly included the 4 November 2004 judgment

Ratio Decidendi

The 6 April 2004 French judgment was not enforceable in France as it only fixed the amount of the claim and did not order payment; therefore, it cannot be registered or enforced in England. The 4 November 2004 judgment was properly included in the application by reference in the evidence and is registrable.

Court Disposition

Appeal allowed in part

Orders

  • Order set aside in relation to the 6 April 2004 judgment
  • Order stands in relation to the 4 November 2004 judgment