Gleema Nambiar v Georges Emile Karam

Gleema Nambiar v Georges Emile Karam

The Florida judgment is recognised and enforced in England and Wales as to the monetary awards (lump sum, attorney's fees, limited alimony) because it is a final judgment of a court of competent jurisdiction and not impeachable on grounds of fraud, public policy, or lack of jurisdiction. However, the Florida judgment cannot be recognised or enforced as to the transfer of the London Property because a foreign court cannot adjudicate title to English immovable property. The Claimant is not estopped from pursuing monetary claims, and the Lebanon judgment does not conflict with the Florida judgment.

Parties
Claimant: Gleema Nambiar; Defendant: Georges Emile Karam; Third Party: Mona Achkar
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Recognition and Enforcement of Foreign Judgment (florida) in England and Wales / Summary Judgment Application
Outcome
Judgment for the Claimant in respect of monetary claims; claim dismissed as to recognition/enforcement of the Florida judgment regarding the London Property; Third Party claim rendered otiose and to be dismissed subject to costs.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Divorce Settlements, Jurisdiction Over Immovable Property, Estoppel, Summary Judgment Procedure
Private International Law Family Law Property Law Recognition and Enforcement of Foreign Judgments Divorce Settlements Jurisdiction Over Immovable Property Estoppel Summary Judgment Procedure

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Parties

Gleema Nambiar

Claimant

Georges Emile Karam

Defendant

Mona Achkar

Third Party

Procedural Posture

Recognition and Enforcement of Foreign Judgment (florida) in England and Wales / Summary Judgment Application

Legal Issues

  1. 1 Whether the Florida judgment can be recognised and enforced in England and Wales as to monetary awards and as to the transfer of the London Property
  2. 2 Whether the Lebanon judgment conflicts with the Florida judgment and, if so, which should be recognised
  3. 3 Whether the Claimant is estopped from pursuing monetary claims after an earlier concession

Ratio Decidendi

The Florida judgment is recognised and enforced in England and Wales as to the monetary awards (lump sum, attorney's fees, limited alimony) because it is a final judgment of a court of competent jurisdiction and not impeachable on grounds of fraud, public policy, or lack of jurisdiction. However, the Florida judgment cannot be recognised or enforced as to the transfer of the London Property because a foreign court cannot adjudicate title to English immovable property. The Claimant is not estopped from pursuing monetary claims, and the Lebanon judgment does not conflict with the Florida judgment.

Court Disposition

Judgment for the Claimant in respect of monetary claims; claim dismissed as to recognition/enforcement of the Florida judgment regarding the London Property; Third Party claim rendered otiose and to be dismissed subject to costs.

Orders

  • Judgment for the Claimant for $895,915.46 (lump sum), $205,107.18 (attorney's fees and costs), and $47,164.10 (alimony up to remarriage) or equivalent in GBP, with interest and costs to be determined.
  • Claim for recognition/enforcement of the Florida judgment as to the London Property dismissed.