Parkes v Cintec International Ltd [2010] ScotCS CSOH_38 (18 March 2010)

Parkes v Cintec International Ltd [2010] ScotCS CSOH_38 (18 March 2010)

The registration of the Certificate was not contrary to Schedule 6 of the Civil Jurisdiction Act 1982. The addition of accurate addresses after the Certificate was sealed did not affect its validity, as confirmed by the issuing court. There was no fraud or practical effect resulting from the additions, and the...

Source-derived case information.

Citation
[2010] ScotCS CSOH_38
Parties
Petitioner: John Humphries Parkes; Respondent: Cintec International Limited
Jurisdiction
Scotland
Judgment Date
18 March 2010
Procedural Posture
Petition for Reduction of Registration of Certificate of Money Provisions / Outer House, Court of Session, Decision on Merits
Outcome
Petition dismissed as irrelevant
Legal Topics
Registration of Foreign Judgments, Fraud Allegations in Enforcement, Mora, Taciturnity and Acquiescence, Designation of Parties in Legal Documents
Civil Procedure Enforcement of Judgments Registration of Foreign Judgments Fraud Allegations in Enforcement Mora, Taciturnity and Acquiescence Designation of Parties in Legal Documents

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Summary, issues, holding and outcome

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Parties

John Humphries Parkes

Petitioner

Cintec International Limited

Respondent

Procedural Posture

Petition for Reduction of Registration of Certificate of Money Provisions / Outer House, Court of Session, Decision on Merits

Legal Issues

  1. 1 Whether the registration of a Certificate of money provisions issued by the English High Court was contrary to Schedule 6 of the Civil Jurisdiction Act 1982 due to post-issuance manuscript additions of addresses
  2. 2 Whether the registration was procured by fraud or improper conduct
  3. 3 Whether the petitioner is barred by mora, taciturnity and acquiescence from seeking reduction

Ratio Decidendi

The registration of the Certificate was not contrary to Schedule 6 of the Civil Jurisdiction Act 1982. The addition of accurate addresses after the Certificate was sealed did not affect its validity, as confirmed by the issuing court. There was no fraud or practical effect resulting from the additions, and the registration was not shown to be contrary to the statutory provisions.

Court Disposition

Petition dismissed as irrelevant

Orders

  • Petition for reduction of registration of Certificate refused
  • All questions of expenses reserved