Judgment in personam meaning

Sidoli and another v Sidoli and another [2025] EWHC 1425 (Ch) What are the practical implications of this case? Parties should select the forum for their disputes with care. In Sidoli, the initial claim was issued in the Italian courts due to the deceased’s nationality, and its progress was markedly delayed (with inevitable cost). Yet the estate’s assets were in England, and, in the end, attempts to enforce in England did not succeed. Practitioners should think closely about what directions are needed when contesting registration under the FJ(RE)A 1933, and state their objections clearly and early. The Deputy Master noted there had been no directions hearings; the only directions were by agreement and dealt with on paper. It was, however, evident that expert evidence on the character of the Italian proceedings and the resulting judgments would have greatly assisted the court, and that requiring the parties to specify the precise bases for challenging registration of the foreign judgment would have assisted them as well. As it stood, the court’s...

This Practice Note considers the availability of freezing injunctions in support of arbitration under the law of England and Wales and pursuant to the Arbitration Act 1996 (AA 1996) (England and English are used as convenient shorthands). A freezing injunction, also termed a freezing order (formerly a ‘Mareva’ injunction), is an interim measure that prevents a defendant from transferring assets out of the jurisdiction (that is, England and Wales) or, where assets are located abroad, from dealing with them at all (commonly called a worldwide freezing order or WFO). The objective is to preserve the defendant’s assets so that, if the claimant later obtains judgment, there are funds available to meet damages and costs. Numerous categories of property can be restrained, including bank accounts. These orders are personal in character (operating in personam); they bind the defendant and are distinct from court orders that confer proprietary rights—see Practice Notes: Proprietary freezing injunctions and Interim delivery up orders and preservation of property...

This Practice Note examines how foreign judgments are recognised and enforced under the common law framework. It outlines the need to commence fresh, separate enforcement proceedings in the courts of England and Wales, using the foreign judgment itself as the claim or cause of action. It details the requisite procedural criteria and the usual defences that might be advanced by a defendant to a claim seeking recognition and enforcement of a foreign judgment. The Practice Note also addresses if security for costs can be obtained, and whether a stay ought to be ordered while additional hearings proceed in the foreign court abroad. For further direction on relevant defences used to oppose enforcement of a foreign judgment, see Practice Note: Enforcing foreign judgments—common law defences. To decide if the common law governs enforcement of the foreign judgment, consult: Which regime applies to enforce a foreign judgment?—checklist. When is the common law used? Before enforcing a foreign court judgment in England and Wales, the applicable regime must first be identified...

What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or defence For guidance on the key requirements for establishing a res judicata, see Practice Note: Key...