The Bangkok of Commerce Public Company Ltd, The Official Receiver of v Saxena & Ors [2023] EWHC 521 (Comm) (14 March 2023)

The Bangkok of Commerce Public Company Ltd, The Official Receiver of v Saxena & Ors [2023] EWHC 521 (Comm) (14 March 2023)

The repayment order is in substance a civil claim for pecuniary loss by the injured party (BBC), not an assertion of sovereign authority or enforcement of a penal law. The exclusionary rule does not apply. The Official Receiver has capacity to bring proceedings. The Thai process afforded natural justice. Judgment is entered for the Claimant.

Citation
[2023] EWHC 521 (Comm)
Parties
Claimant: The Official Receiver of the Bangkok of Commerce Public Company Limited; First Defendant: Rakesh Saxena; Second Defendant: Orn-Anong Theppakum; Third Defendant: The Estate of Krirk-Kiat Jalichandra
Jurisdiction
England and Wales
Judgment Date
14 March 2023
Procedural Posture
Enforcement of Foreign Judgment / Judgment After Contested Hearing
Outcome
Judgment for the Claimant
Legal Topics
Enforcement of Foreign Judgments, Exclusionary Rule (penal/revenue Laws), Conflict of Laws, Restitution, Civil Liability Arising From Criminal Conduct
Private International Law Commercial Law Enforcement of Foreign Judgments Exclusionary Rule (penal/revenue Laws) Conflict of Laws Restitution Civil Liability Arising From Criminal Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Official Receiver of the Bangkok of Commerce Public Company Limited

Claimant

Rakesh Saxena

First Defendant

Orn-Anong Theppakum

Second Defendant

The Estate of Krirk-Kiat Jalichandra

Third Defendant

Procedural Posture

Enforcement of Foreign Judgment / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the Thai judgment is enforceable in England under common law principles
  2. 2 Whether the repayment order is penal in nature and thus unenforceable under the exclusionary rule
  3. 3 Whether the Official Receiver has capacity to bring proceedings

Ratio Decidendi

The repayment order is in substance a civil claim for pecuniary loss by the injured party (BBC), not an assertion of sovereign authority or enforcement of a penal law. The exclusionary rule does not apply. The Official Receiver has capacity to bring proceedings. The Thai process afforded natural justice. Judgment is entered for the Claimant.

Court Disposition

Judgment for the Claimant

Orders

  • Enforcement of the Thai repayment order in the sum of 1.132 billion Thai Baht against the First Defendant