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Scotland Case Law

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Civil procedure [2017] ScotCS CSOH_131

BVBA BVBA, PETITION OF v CLAIRE GILES

BVBA BVBA, PETITION OF v CLAIRE GILES [2017] ScotCS CSOH_131 (20 October 2017)

The Court of Session recalled registration of a Belgian judgment, holding that repeal of Rule 62.28 left no procedural basis and no inherent power to create one.

  • Registration of foreign judgments
  • Jurisdiction
  • Enforcement of eu judgments
  • Inherent jurisdiction
  • Procedural lacunae
  • Registration-of-foreign-judgments
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Civil procedure [2010] ScotCS CSOH_38

Parkes v Cintec International Ltd

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

The Court of Session refused reduction of a registered English certificate of money provisions, holding that later added accurate addresses did not make registration unlawful.

  • Registration of foreign judgments
  • Fraud allegations in enforcement
  • Mora, taciturnity and acquiescence
  • Designation of parties in legal documents
  • Registration-of-judgments
  • Fraud
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Private international law [2006] ScotCS CSOH_85

Ivory, Re Registration Of A Foreign Judgment

Ivory, Re Registration Of A Foreign Judgment [2006] ScotCS CSOH_85 (06 June 2006)

The Court of Session refused registration of a purported Norfolk Island “judgment,” holding the document was a notarial certificate, not a civil judgment.

  • Registration of foreign judgments
  • Reciprocal enforcement
  • Jurisdiction
  • Requirements for recognition
  • Registration-of-foreign-judgments
  • Reciprocal-enforcement
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.