Clarke v Fennoscandia [1998] ScotCS CSIH_117 (20 February 1998)

Clarke v Fennoscandia [1998] ScotCS CSIH_117 (20 February 1998)

The pursuer failed to establish a prima facie case for interim interdict because the Scottish court is precluded by statute from reviewing or denying enforcement of the English order for costs on the ground of alleged fraud in the underlying US judgment. The action was an attempt to circumvent the Civil Jurisdiction and Judgments Act 1982, and the pursuer's objections did not provide a competent basis for interdict.

Citation
[1998] ScotCS CSIH_117
Parties
Pursuer: Clarke; Defender: Fennoscandia Limited
Jurisdiction
Scotland
Judgment Date
20 February 1998
Procedural Posture
Civil Appeal / Reclaiming Motion (appeal) Against Refusal of Interim Interdict
Outcome
reclaiming motion refused; interlocutor of the Lord Ordinary adhered to
Legal Topics
Enforcement of Foreign Judgments, Issue Estoppel, Fraud on the Court, Interim Interdict, Bankruptcy and Sequestration
Conflict of Laws Civil Procedure Enforcement of Foreign Judgments Issue Estoppel Fraud on the Court Interim Interdict Bankruptcy and Sequestration

Case Brief

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Parties

Clarke

Pursuer

Fennoscandia Limited

Defender

Procedural Posture

Civil Appeal / Reclaiming Motion (appeal) Against Refusal of Interim Interdict

Legal Issues

  1. 1 Whether the Scottish court can grant interim interdict to prevent enforcement in Scotland of an English costs order allegedly tainted by fraud originating in a US judgment
  2. 2 Whether the pursuer has established a prima facie case for interim interdict given statutory restrictions under the Civil Jurisdiction and Judgments Act 1982

Ratio Decidendi

The pursuer failed to establish a prima facie case for interim interdict because the Scottish court is precluded by statute from reviewing or denying enforcement of the English order for costs on the ground of alleged fraud in the underlying US judgment. The action was an attempt to circumvent the Civil Jurisdiction and Judgments Act 1982, and the pursuer's objections did not provide a competent basis for interdict.

Court Disposition

reclaiming motion refused; interlocutor of the Lord Ordinary adhered to

Orders

  • Refusal of interim interdict to prevent enforcement in Scotland of the English order for costs