La Caisse Regional Du Credit Agricole Nord De France v Ashdown

La Caisse Regional Du Credit Agricole Nord De France v Ashdown

The French judgment of 6 April 2004 is not enforceable in France as it only fixed the amount of the claim and did not order payment; therefore, it cannot be registered or enforced in England under the Judgments Regulation. The 4 November 2004 judgment was properly referred to in evidence and is registrable.

Parties
Claimant/respondent: LA CAISSE REGIONAL DU CREDIT AGRICOLE NORD DE FRANCE; Defendant/appellant: Clive Ashdown
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Registration of Foreign Judgments, Enforceability of Foreign Judgments, Insolvency Proceedings
Civil Procedure International Enforcement Registration of Foreign Judgments Enforceability of Foreign Judgments Insolvency Proceedings

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Parties

LA CAISSE REGIONAL DU CREDIT AGRICOLE NORD DE FRANCE

Claimant/respondent

Clive Ashdown

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the French judgment of 6 April 2004 is enforceable in France and thus registrable in England under Council Regulation (EC) No 44/2001
  2. 2 Whether the High Court had jurisdiction to register the French judgment of 4 November 2004 given the scope of the application notice

Ratio Decidendi

The French judgment of 6 April 2004 is not enforceable in France as it only fixed the amount of the claim and did not order payment; therefore, it cannot be registered or enforced in England under the Judgments Regulation. The 4 November 2004 judgment was properly referred to in evidence and is registrable.

Court Disposition

Appeal allowed in part

Orders

  • Order set aside in relation to the judgment of 6 April 2004
  • Order stands in relation to the judgment of 4 November 2004