BVBA, RECLAIMING MOTION IN PETITION; (SECOND) ROGER VAN CRAEN; AND (THIRD) NV MALU AGAINST CLARE RAMSAY GILES [2018] ScotCS CSIH_42 (02 May 2018)

BVBA, RECLAIMING MOTION IN PETITION; (SECOND) ROGER VAN CRAEN; AND (THIRD) NV MALU AGAINST CLARE RAMSAY GILES [2018] ScotCS CSIH_42 (02 May 2018)

The Brussels I Regulation has direct effect and requires the Court of Session to provide a procedure for registration of foreign judgments in transitional cases. The lacuna in the Rules of Court does not preclude such applications, as the general petition procedure under Chapter 14 applies in the absence of a special rule. The respondent's procedural objection is unsound, and the registration of the Belgian judgment is competent and should proceed.

Citation
[2018] ScotCS CSIH_42
Parties
Petitioner and Reclaimer: Drika BVBA; Petitioner and Reclaimer: Roger Van Craen; Petitioner and Reclaimer: NV Malu; Respondent: Clare Ramsay Giles
Jurisdiction
Scotland
Judgment Date
02 May 2018
Procedural Posture
Reclaiming Motion in Petition / Appeal From Outer House to Inner House, Court of Session
Outcome
Reclaiming motion allowed; interlocutor of Lord Ordinary of 20 October 2017 recalled; respondent's appeal against registration of the judgment refused; all questions of expenses reserved.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Brussels I Regulation, Procedural Lacunae, Direct Effect of EU Regulations, Petition Procedure
Private International Law Civil Procedure European Union Law Recognition and Enforcement of Foreign Judgments Brussels I Regulation Procedural Lacunae Direct Effect of EU Regulations Petition Procedure

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Parties

Drika BVBA

Petitioner and Reclaimer

Roger Van Craen

Petitioner and Reclaimer

NV Malu

Petitioner and Reclaimer

Clare Ramsay Giles

Respondent

Procedural Posture

Reclaiming Motion in Petition / Appeal From Outer House to Inner House, Court of Session

Legal Issues

  1. 1 Whether the Court of Session can register for enforcement in Scotland a Belgian money judgment in a 'transitional case' under Brussels I, given a lacuna in the Rules of Court created by the 2015 Act of Sederunt.
  2. 2 Whether Brussels I Regulation has direct effect to require the availability of a registration procedure despite the lacuna in domestic procedural rules.

Ratio Decidendi

The Brussels I Regulation has direct effect and requires the Court of Session to provide a procedure for registration of foreign judgments in transitional cases. The lacuna in the Rules of Court does not preclude such applications, as the general petition procedure under Chapter 14 applies in the absence of a special rule. The respondent's procedural objection is unsound, and the registration of the Belgian judgment is competent and should proceed.

Court Disposition

Reclaiming motion allowed; interlocutor of Lord Ordinary of 20 October 2017 recalled; respondent's appeal against registration of the judgment refused; all questions of expenses reserved.

Orders

  • Recall the interlocutor of 20 October 2017.
  • Refuse the respondent's appeal against registration of the Belgian judgment.