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 merely 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 (QB)
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 / High Court Judgment on Appeal From Master Fontaine's Order Registering French Judgments
Outcome
Appeal allowed in part
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction, Recognition of Judgments, Insolvency Proceedings
Civil Procedure Private International Law Enforcement of Foreign Judgments Jurisdiction Recognition of Judgments Insolvency Proceedings

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Parties

LA CAISSE REGIONAL DU CREDIT AGRICOLE NORD DE FRANCE

Claimant/respondent

CLIVE ASHDOWN

Defendant/appellant

Procedural Posture

Appeal / High Court Judgment on Appeal From Master Fontaine's Order Registering French Judgments

Legal Issues

  1. 1 Whether the French judgment of 6 April 2004 is enforceable in France and thus registrable in England under Council Regulation (EC) No 44/2001
  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 merely 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 as to the 6 April 2004 judgment; registration refused for that judgment.
  • Order stands as to the 4 November 2004 judgment; registration granted for that judgment.