Elder -v- Stock [2009] JRC 034 (25 February 2009)

The Judicial Settlement from the Lichtenstein Court is a judgment for the purposes of Dicey Rule 35(1), enforceable in Jersey, as it is for a definite sum, final and conclusive, and the defendant submitted to jurisdiction. The plaintiff had locus standi, and counterclaims are not entertained in enforcement proceedings.

Citation: [2009] JRC 034
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 25 February 2009
Procedural Posture: Enforcement of Foreign Judgment / Final Judgment With Reasons
Outcome: Judgment for plaintiff enforced; counterclaims dismissed.
Legal Topics: Recognition of Foreign Judicial Settlements, Locus Standi, Counterclaims in Enforcement Proceedings

Private International Law Enforcement of Foreign Judgments Recognition of Foreign Judicial Settlements Locus Standi Counterclaims in Enforcement Proceedings

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Parties

Plaintiff

Defendant

Procedural Posture

Enforcement of Foreign Judgment / Final Judgment With Reasons

Legal Issues

1 Whether a Judicial Settlement from the Lichtenstein Court constitutes a judgment for enforcement under English common law principles
2 Whether the plaintiff had locus standi despite bankruptcy and conviction
3 Whether the defendant's counterclaims could be entertained in enforcement proceedings

Ratio Decidendi

Court Disposition

Judgment for plaintiff enforced; counterclaims dismissed.

Orders

Defendant to pay plaintiff £41,288.73 plus interest from 8 October 2005 at Court rate until payment.
Monies held with Lloyds paid into Court to be released to plaintiff.