Bvba and others v Giles

Civil procedure – Enforcement of foreign judgment – Jurisdiction. Court of Session : Allowing an appeal in a petition in which the petitioners sought warrant to register a Belgian judgment for execution and in which, on the respondents appeal against the grant of warrant for registration, the parties agreed that the Court of Session rule under which the petition proceeded was no longer in existence when warrant for registration was granted, the court held that there was no argument on the direct effect of the relevant European Regulation available to the petitioners, and it did not feel able to rely on any inherent power as a means to innovate in relation to procedure controlled by Rules of Court, leaving the petitioners with no option but to seek decree conform, even though that might involve further procedure and incur additional expense.

Category: