Judgment in rem meaning

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...

This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...

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...