Zigal v Buchanan

Civil procedure – Enforcement of foreign judgment – Jurisdiction – Public policy –. Court of Session : Granting decree conform in an action in which the pursuer sought to enforce the enforce a judgment of the Hong Kong High Court and the defender challenged that court's jurisdiction, the court held that the onus of proof of Hong Kong law, residence and valid service was not on the pursuer as the defender contended, the onus was on him to satisfy it that the Hong Kong judgment should not be given effect to; his challenges to the Hong Kong court's jurisdiction based on invalid service and lack of residency and presence failed, as did his contention that the judgment should not be recognised on grounds of public policy, the court rejecting his evidence that he was assaulted in the course of service of the writ.

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