La Caisse Regional Du Credit v Ashdown

La Caisse Regional Du Credit v Ashdown

The registration of the French judgment should be adjourned until clarification is obtained from the French court as to whether it is a money judgment enforceable against Mr Ashdown or merely fixes a sum for liquidation purposes.

Parties
Appellant: La Caisse Regional du Credit; Respondent: Ashdown
Jurisdiction
England and Wales
Judgment Date
15 May 2007
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Registration of Foreign Judgments, Enforceability of Judgments, Interpretation of Foreign Law
Civil Procedure Private International Law Registration of Foreign Judgments Enforceability of Judgments Interpretation of Foreign Law

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Parties

La Caisse Regional du Credit

Appellant

Ashdown

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the French judgment is enforceable against Mr Ashdown under the Civil Jurisdiction and Judgments Act 1982
  2. 2 Whether the judgment is a money judgment or merely fixes a sum for liquidation purposes
  3. 3 Appropriate procedure for registration of foreign judgments where enforceability is unclear

Ratio Decidendi

The registration of the French judgment should be adjourned until clarification is obtained from the French court as to whether it is a money judgment enforceable against Mr Ashdown or merely fixes a sum for liquidation purposes.

Court Disposition

Appeal allowed

Orders

  • Judgment of Tugendhat J set aside
  • Order of Master Fontaine set aside