David Tyler Moss & Ors. v Brian Martin & Anor.

David Tyler Moss & Ors. v Brian Martin & Anor.

The requirements for enforcement of foreign judgments at common law are satisfied. There was no breach of natural justice in the US proceedings, and Mr. Martin had notice and opportunity to defend. Ms. Bone submitted to the jurisdiction by contesting the merits and filing a counterclaim, so section 33(1)(c) CJJA does not apply. Both judgments are enforceable in England.

Parties
Claimant: David Tyler Moss; Claimant: Brandon Gabriel Keating; Claimant: Fidelissimus LLC; Defendant: Brian Martin; Defendant: Holly Susan Bone
Jurisdiction
England and Wales
Judgment Date
04 November 2022
Procedural Posture
Commercial Enforcement / Summary Judgment Application
Outcome
Judgment for the claimants
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction, Natural Justice, Submission to Jurisdiction, Summary Judgment
Private International Law Civil Procedure Commercial Law Enforcement of Foreign Judgments Jurisdiction Natural Justice Submission to Jurisdiction Summary Judgment

Case Brief

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Parties

David Tyler Moss

Claimant

Brandon Gabriel Keating

Claimant

Fidelissimus LLC

Claimant

Brian Martin

Defendant

Holly Susan Bone

Defendant

Procedural Posture

Commercial Enforcement / Summary Judgment Application

Legal Issues

  1. 1 Whether the 2016 and 2022 Texas judgments are enforceable in England
  2. 2 Whether the foreign proceedings were contrary to natural justice
  3. 3 Whether the defendants submitted to the jurisdiction of the Texas court

Ratio Decidendi

The requirements for enforcement of foreign judgments at common law are satisfied. There was no breach of natural justice in the US proceedings, and Mr. Martin had notice and opportunity to defend. Ms. Bone submitted to the jurisdiction by contesting the merits and filing a counterclaim, so section 33(1)(c) CJJA does not apply. Both judgments are enforceable in England.

Court Disposition

Judgment for the claimants

Orders

  • Judgment granted in favour of the claimants for the sums awarded in the 2016 and 2022 Texas judgments
  • Further submissions to be heard on the precise form of order, costs, and any application for stay