The Official Receiver of the Bangkok of Commerce Public Company Limited v Rakesh Saxena & Ors

The Official Receiver of the Bangkok of Commerce Public Company Limited v Rakesh Saxena & Ors

The repayment order is in substance a civil claim for damages by the injured party (BBC), separable from the criminal penalty, and does not involve the exercise of sovereign authority or enforcement of penal law. The exclusionary rule does not apply. The Official Receiver has capacity to bring the proceedings. The requirements for enforcement of a foreign judgment are satisfied.

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
Foreign Judgment Enforcement / Judgment After Contested Hearing
Outcome
Judgment for the Claimant
Legal Topics
Enforcement of Foreign Judgments, Exclusionary Rule (penal/revenue Laws), Jurisdiction, Submission to Jurisdiction, Severability of Civil and Criminal Orders
Private International Law Civil Procedure Enforcement of Foreign Judgments Exclusionary Rule (penal/revenue Laws) Jurisdiction Submission to Jurisdiction Severability of Civil and Criminal Orders

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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

Foreign Judgment Enforcement / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the Thai judgment is enforceable in England under common law principles
  2. 2 Whether the exclusionary rule against enforcement of foreign penal orders applies
  3. 3 Whether the Official Receiver has capacity to bring proceedings

Ratio Decidendi

The repayment order is in substance a civil claim for damages by the injured party (BBC), separable from the criminal penalty, and does not involve the exercise of sovereign authority or enforcement of penal law. The exclusionary rule does not apply. The Official Receiver has capacity to bring the proceedings. The requirements for enforcement of a foreign judgment are satisfied.

Court Disposition

Judgment for the Claimant

Orders

  • The Thai judgment for repayment of 1.132 billion THB is enforceable in England against the First Defendant.