Superior Composite Structures LLC v Malcolm Parrish [2015] EWHC 3688 (Admin) (21 December 2015)

Superior Composite Structures LLC v Malcolm Parrish [2015] EWHC 3688 (Admin) (21 December 2015)

The defendant failed to prove that the US judgment was obtained by fraud, that the proceedings were contrary to natural justice, that enforcement would be contrary to public policy, or that there was a breach of Article 6 ECHR. The requirements for impeaching a foreign judgment were not met. The US proceedings were fair, and the defendant's evidence was not credible. Enforcement is granted.

Citation
[2015] EWHC 3688 (Admin)
Parties
Claimant: Superior Composite Structures LLC; Defendant: Malcolm Parrish
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Enforcement of Foreign Judgment / Final Judgment
Outcome
Claim allowed; US judgment enforced.
Legal Topics
Enforcement of Foreign Judgments, Fraud Exception, Natural Justice, Public Policy, Article 6 ECHR
Private International Law Civil Procedure Enforcement of Foreign Judgments Fraud Exception Natural Justice Public Policy Article 6 ECHR

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Parties

Superior Composite Structures LLC

Claimant

Malcolm Parrish

Defendant

Procedural Posture

Enforcement of Foreign Judgment / Final Judgment

Legal Issues

  1. 1 Whether the US judgment was obtained by fraud
  2. 2 Whether enforcement would be contrary to natural justice
  3. 3 Whether enforcement would be contrary to public policy

Ratio Decidendi

The defendant failed to prove that the US judgment was obtained by fraud, that the proceedings were contrary to natural justice, that enforcement would be contrary to public policy, or that there was a breach of Article 6 ECHR. The requirements for impeaching a foreign judgment were not met. The US proceedings were fair, and the defendant's evidence was not credible. Enforcement is granted.

Court Disposition

Claim allowed; US judgment enforced.

Orders

  • Enforcement of US judgment in the sum of $2,058,861 against the defendant.