In re Hardwick v [1995] JLR 245 (31 July 1995)

In re Hardwick v [1995] JLR 245 (31 July 1995)

English county court judgments are not registrable in Jersey under the 1960 Law because the county court remains the 'original court' and is not a 'superior court' as required by the statute, regardless of subsequent transfer to the High Court for execution.

Citation
[1995] JLR 245
Parties
Applicant: Hardwick
Jurisdiction
Jersey
Judgment Date
31 July 1995
Procedural Posture
Application for Registration of Foreign Judgment / Decision on Registrability
Outcome
application refused
Legal Topics
Reciprocal Enforcement of Judgments, Registration of Foreign Judgments
Conflict of Laws Reciprocal Enforcement of Judgments Registration of Foreign Judgments

Case Brief

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Parties

Hardwick

Applicant

Procedural Posture

Application for Registration of Foreign Judgment / Decision on Registrability

Legal Issues

  1. 1 Whether an English county court judgment is registrable in Jersey under the Judgments (Reciprocal Enforcement) (Jersey) Law 1960

Ratio Decidendi

English county court judgments are not registrable in Jersey under the 1960 Law because the county court remains the 'original court' and is not a 'superior court' as required by the statute, regardless of subsequent transfer to the High Court for execution.

Court Disposition

application refused

Orders

  • Registration of the English county court judgment in Jersey is refused.