Success for Peter Savory in a commercial claim enforcing a foreign judgment

Peter Savory acted for the successful Claimant in a recent multi-track trial before HHJ Marquand. The Claimant, an attorney in New York, had obtained first a favourable arbitration award and then latterly a New York Supreme Court judgment for a considerable sum of unpaid client fees. The client did not formally challenge either the arbitration or judgment, but also did not pay the sums ordered.

Peter Savory, instructed by Curzon Green, pleaded an enforcement claim of the New York judgment, relying on the now Defendant having property in this jurisdiction. The claim was resisted, successfully at first on an application for summary judgment, where complaint was made of the handwritten amendments to the New York judgment, even though evidence was provided that this was usual procedure. It was suggested there were elements of fraud. At a later hearing the Defendant was invited to particularise the allegations of fraud. Instead he filed an entirely new Defence, pleading new matters, but failed to sufficiently address fraud.

A month before trial the Defendant made an application for specific disclosure for documents relating to the underlying arbitration and New York judgment. That was dismissed at the beginning of the trial. The Defendant then conceded the fraud allegations. In the circumstances a successful oral application was then made for summary judgment, there being no realistic prospect of successfully defending the claim and no longer any good reason for a full trial.

Whilst the quantum of costs remains to be agreed, or assessed, they will be on the indemnity basis for a considerable period owing to a well-judged Part 36 offer. Enhanced interest for several years at the New York judgment rate was also recovered.

Peter Savory welcomes all commercial instructions, including for multi-jurisdictional cases. Please contact his Clerking Team for further information.

 

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