Commercial disputes, Banking and financial services, International / offshoreFriday 22 September 2023
In Invest Bank v El Husseini [2023] EWHC 2302 (Comm), in a judgment handed down on 20 September 2023 following the trial of preliminary issues, the Deputy Judge of the Commercial Court held that it is not a rule of private international law that a final and binding foreign judgment on the merits must be enforceable in the foreign jurisdiction before it could be the subject of an application to ‘enforce’ the foreign judgment in this jurisdiction by a claim at common law, and dismissed the sixth defendant’s application to set aside a default judgment the claimant had obtained against the first defendant, as (i) there was accordingly no arguable defence, and (ii) the sixth defendant had not satisfied the Denton criteria.
Tim Penny KC of Wilberforce Chambers acted for the successful Claimant, leading Marc Delehanty of Littleton Chambers, instructed by Trevor Mascarenhas of PCB Byrne.
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