Introduction
This is an application to restrain presentation of a winding-up petition based on a money judgment obtained in a Lebanese Court (“the Lebanese judgment”).
The Applicant was represented by Mr Josh Lewison, Counsel, and the Respondent by Mr William Willson, Counsel. Both Counsel provided careful and helpful skeletons and each also provided an authorities bundle. Mr Willson provided a supplementary skeleton on the morning of the hearing, dealing with the case of Drelle v Servis-Terminal LLC [2024] EWHC 521 (Ch) in which judgment had been handed down the previous day. That judgment is helpful although not determinative of all the issues in this particular matter. I also asked Counsel for submissions on the issue of whether a stay in Lebanon would affect any running of time and for written submissions on the case of Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799.
I am grateful to both Counsel for their clear submissions and assistance.
- Heading
- Introduction
- Basic Principles
- The Background
- Reasons for restraining Presentation
- Limitation point
- What Limitation Regime applies to a foreign judgment?
- The statutory regime
- The Administration of Justice Act 1920 (“ the 1920 Act ”)
- Foreign Judgments (Reciprocal Enforcement) Act 1933 (“ the 1933 Act ”)
- The Common Law Regime
- Status of unregistered/unrecognised foreign Judgment
- Limitation
- Acknowledgement
- Satisfaction
- Stay
- Abuse of Process
- Conclusions
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