Emanuel v Symon
A foreign judgment in personam will be enforced in England only if the defendant was resident or present in the foreign country, or submitted to its jurisdiction, and not merely because he owned property there or entered into the contract there.
Facts
The defendant was a partner in a firm which carried on business in Western Australia, where he lived at the time. He later moved to England. After the partnership was dissolved, his former partners sued him in Western Australia, and obtained judgment against him in his absence. He had not been served in Western Australia and had not submitted to the jurisdiction. The former partners sued in England to enforce the judgment.
Legal principle
The Court of Appeal held that the judgment could not be enforced. Buckley LJ said that, in actions in personam, there are five cases in which the courts of this country will enforce a foreign judgment: where the defendant is a subject of the foreign country in which the judgment has been obtained; where he was resident in the foreign country when the action began; where he in the character of plaintiff has selected the forum in which he is afterwards sued; where he has voluntarily appeared; and where he has contracted to submit himself to the forum in which the judgment was obtained. The fact that the defendant had entered into the contract and owned property in Western Australia was not enough. The first of these grounds, nationality, is now doubted.
Related cases on recognition and enforcement of foreign judgments
- Adams v Cape Industries plc [1990] Ch 433
- Goldman Sachs International v Novo Banco SA [2018] UKSC 34
- Henderson v Henderson (1843) 3 Hare 100
- Krombach v Bamberski Case C-7/98, [2000] ECR I-1935
- Owens Bank Ltd v Bracco [1992] 2 AC 443
- Rubin v Eurofinance SA [2012] UKSC 46, [2013] 1 AC 236
- Schibsby v Westenholz (1870) LR 6 QB 155
Studying conflict of laws? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
