Dechert Successfully Prevents Attempt at "Judgment Laundering" in the UK Courts
In Strategic Technologies Pte Ltd v. Procurement Bureau of the Republic of China Ministry of National Defence, Dechert’s London litigators broke new ground in establishing that a “judgment on a judgment” could not be registered in England under the Administration of Justice Act 1920.
“The case centered around a very old Singapore judgment secured by Strategic Technologies against Taiwan’s defence ministry,” explains lead partner Andrew Hearn, “The judgment was subsequently recognized in the Cayman Islands and the Cayman judgment was later registered in England. On behalf of Taiwan’s defense ministry, Dechert argued that the English registration should be set aside because it amounted to registering a “judgment on a judgment”, a point which, as far as the Administration of Justice Act 1920 was concerned, had never been decided either way.”
Overturning the High Court’s judgment on the issue, the Court of Appeal agreed with Dechert’s arguments that the “laundering” of judgments was neither appropriate nor permissible under the 1920 legislation. An application from Strategic Technologies for permission to appeal to the Supreme Court was dismissed, bringing welcome clarity for commercial litigants faced with enforcing or resisting the enforcement of foreign judgment debts in England.