Dechert Secures Judgment for the Republic of China in the English Court of Appeal

Dechert LLP successfully represented the Republic of China Ministry of National Defence (MND) in its appeal against Strategic Technologies Pte Ltd (ST) in the English Court of Appeal, which has ruled unanimously that it is impermissible to register in England a judgment of a Commonwealth court which is itself derived from a judgment of a third state (“a judgment on a judgment”) under the Administration of Justice Act 1920 (the 1920 Act). Subject to any further appeal, the decision settles a previously undecided, novel point of law which has been the subject of academic debate for decades.

This case has a long-running and complex history, but the key facts in this appeal were that ST obtained a default judgment against the MND in Singapore in 2002, then obtained recognition of the Singapore judgment in the Cayman Islands, which in turn led to an attempt by ST to register the Cayman Islands judgment in England under the 1920 Act. This case is understood to be the first to attempt to enforce a judgment on a judgment in the English courts. 

In its decision on 30 November 2020 the Court of Appeal ruled in the MND’s favour, finding that parties cannot use the 1920 Act to “launder” judgments in this way by registering a judgment on a judgment in an English court. It remains to be seen whether the decision will be appealed to the Supreme Court.

The Dechert team advising the Republic of China Ministry of National Defence includes partner Andrew Hearn and associates Tom Ainsworth and Suzi Cocksedge. 

About Dechert

Dechert is a leading global law firm with 26 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.