10th November 2020
The Appellant is the Ministry of National Defence (“the MND”) of the Republic of China (“ROC”), also and better known as Taiwan.
They appeal against an order made by Carr J (as she then was) dismissing D’s application to set aside registration of foreign judgment and ancillary enforcement steps and for a general stay of execution.
The judge dismissed the ancillary enforcement steps aside on the ground of prematurity and refused a general stay of execution.
The judge granted PTA on ground 1 only stating that the appeal raised a narrow but general point of law:
Whether or not Part II of the Administration of Justice Act 1920 permits the registration of a judgment on a judgment of a third country’s court. There is no English authority directly on that point.