ZIGAL AGAINST GORDON BUCHANAN [2018] ScotCS CSOH_94 (18 September 2018)

ZIGAL AGAINST GORDON BUCHANAN [2018] ScotCS CSOH_94 (18 September 2018)

The defender failed to discharge the onus of proving that the Hong Kong court lacked jurisdiction or that service was invalid; the defender was resident and present in Hong Kong at the relevant times; personal service was effected; no public policy ground to refuse recognition was established; decree conform is granted.

Citation
[2018] ScotCS CSOH_94
Parties
Pursuer: Daniel Mikhail Zigal; Defender: Gordon Alexander Buchanan
Jurisdiction
Scotland
Judgment Date
18 September 2018
Procedural Posture
Decree Conform (recognition and Enforcement of Foreign Judgment) / Proof Before Answer, Final Judgment
Outcome
Decree conform granted in favour of the pursuer; defender's pleas-in-law repelled; questions of expenses reserved.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Jurisdiction, Service of Process, Public Policy Exception
Private International Law Civil Procedure Recognition and Enforcement of Foreign Judgments Jurisdiction Service of Process Public Policy Exception

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Parties

Daniel Mikhail Zigal

Pursuer

Gordon Alexander Buchanan

Defender

Procedural Posture

Decree Conform (recognition and Enforcement of Foreign Judgment) / Proof Before Answer, Final Judgment

Legal Issues

  1. 1 Whether the Hong Kong High Court had jurisdiction over the defender for the purposes of recognition in Scotland
  2. 2 Whether personal service of the Hong Kong Writ was valid and effective
  3. 3 Whether the defender was resident or present in Hong Kong at the commencement of proceedings

Ratio Decidendi

The defender failed to discharge the onus of proving that the Hong Kong court lacked jurisdiction or that service was invalid; the defender was resident and present in Hong Kong at the relevant times; personal service was effected; no public policy ground to refuse recognition was established; decree conform is granted.

Court Disposition

Decree conform granted in favour of the pursuer; defender's pleas-in-law repelled; questions of expenses reserved.

Orders

  • Decree conform granted enforcing the Hong Kong judgment in Scotland.
  • Defender's pleas-in-law numbers 3, 4, and 5 repelled.