판결 이유
A foreign judgment obtained by fraud cannot be enforced in England. The fraud exception to recognition and enforcement of foreign judgments is not limited to fraud discovered after the original proceedings.
사실관계
Owens Bank obtained a judgment in St Vincent and sought to enforce it in England. The defendant alleged the judgment was obtained by fraud.
판결 요약
The House of Lords held the fraud defence was available. A foreign judgment could be impeached for fraud even where the fraud could have been raised in the original proceedings.
주요 인용문
"A foreign judgment may be impeached for fraud even though the fraud might have been raised as a defence in the foreign proceedings."
— Lord Bridge
후속 처리
Good law
Authority on the fraud exception to enforcement of foreign judgments at common law.