Heidland Werres Diederichs v Flexiquip Hydraulics Ltd [2006] NIQB 100 (14 February 2006)

Heidland Werres Diederichs v Flexiquip Hydraulics Ltd [2006] NIQB 100 (14 February 2006)

There is no mandatory requirement for translation of judicial documents served under Regulation 1348/2000 if the addressee understands the language of service and does not refuse service. The appellant did not demonstrate lack of understanding of German or refuse service. The registration of the German judgment was proper and there is no basis to set it aside for lack of translation.

Citation
[2006] NIQB 100
Parties
Plaintiff/respondent: Heidland Werres Diederichs; Defendant/appellant: Flexiquip Hydraulics Ltd
Jurisdiction
Northern Ireland
Judgment Date
14 February 2006
Procedural Posture
Appeal Against Registration of Foreign Judgment / High Court Appeal From Master's Order
Outcome
Appeal dismissed; registration of foreign judgment upheld
Legal Topics
Recognition and Enforcement of Foreign Judgments, Service of Process, Translation Requirements, Default Judgments, Brussels I Regulation, EU Service Regulation
Civil Procedure Private International Law European Law Recognition and Enforcement of Foreign Judgments Service of Process Translation Requirements Default Judgments Brussels I Regulation +1 more

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Parties

Heidland Werres Diederichs

Plaintiff/respondent

Flexiquip Hydraulics Ltd

Defendant/appellant

Procedural Posture

Appeal Against Registration of Foreign Judgment / High Court Appeal From Master's Order

Legal Issues

  1. 1 Whether the registration of a German default judgment should be set aside for lack of translation of the originating documents and judgment into English
  2. 2 Whether service of process was compliant with EU and domestic rules, specifically Regulation 1348/2000 and the Civil Jurisdiction and Judgments Act 1982

Ratio Decidendi

There is no mandatory requirement for translation of judicial documents served under Regulation 1348/2000 if the addressee understands the language of service and does not refuse service. The appellant did not demonstrate lack of understanding of German or refuse service. The registration of the German judgment was proper and there is no basis to set it aside for lack of translation.

Court Disposition

Appeal dismissed; registration of foreign judgment upheld

Orders

  • The appeal is dismissed.
  • The registration of the German default judgment remains in force.