Clarke v Fennoscandia Ltd & Ors [2000] ScotCS 62 (10 March 2000)

Clarke v Fennoscandia Ltd & Ors [2000] ScotCS 62 (10 March 2000)

The pursuer's pleadings, if proved, instruct a relevant case of extrinsic fraud (conspiracy to commit perjury) sufficient to resist enforcement of the foreign decree. Scottish law recognises such a defence, and declarator and interdict are competent remedies to protect the pursuer from oppression and injustice. Jurisdiction is established by the defenders' conduct and the applicable legal principles.

Citation
[2000] ScotCS 62
Parties
Pursuer: Robert A Clarke; Defenders: Fennoscandia Ltd and Others
Jurisdiction
Scotland
Judgment Date
10 March 2000
Procedural Posture
Civil / Procedure Roll Debate on Dismissal and Relevancy
Outcome
Defenders' pleas-in-law 1-5 repelled; proof before answer allowed quoad ultra.
Legal Topics
Enforcement of Foreign Judgments, Fraud on the Court, Declaratory Relief, Interdict, Jurisdiction
Civil Procedure Private International Law Enforcement of Foreign Judgments Fraud on the Court Declaratory Relief Interdict Jurisdiction

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Parties

Robert A Clarke

Pursuer

Fennoscandia Ltd and Others

Defenders

Procedural Posture

Civil / Procedure Roll Debate on Dismissal and Relevancy

Legal Issues

  1. 1 Whether Scottish courts have jurisdiction to entertain an action seeking declarator and interdict against enforcement of a foreign (US) judgment allegedly obtained by fraud
  2. 2 Whether the pursuer's pleadings instruct a relevant case of extrinsic fraud sufficient to resist enforcement of the foreign decree
  3. 3 Whether declarator and interdict are competent remedies in these circumstances

Ratio Decidendi

The pursuer's pleadings, if proved, instruct a relevant case of extrinsic fraud (conspiracy to commit perjury) sufficient to resist enforcement of the foreign decree. Scottish law recognises such a defence, and declarator and interdict are competent remedies to protect the pursuer from oppression and injustice. Jurisdiction is established by the defenders' conduct and the applicable legal principles.

Court Disposition

Defenders' pleas-in-law 1-5 repelled; proof before answer allowed quoad ultra.

Orders

  • Repel pleas-in-law 1, 2, 3, 4 and 5 for the defenders
  • Allow a proof before answer, all other pleas standing