High Court dismisses appeal in Danish judgment registration case

Background

The High Court recently ruled on an appeal involving the registration of a Danish judgment in England and Wales. The case, brought by Birgitte Wagner Olsen and Karsten Olsen against Finansiel Stabilitet A/S, revolved around the enforcement of a judgment debt and associated costs.

Initial Judgment

On 16 January 2025, Mr Justice Kerr delivered a written judgment concerning the appellants' challenge to an order by Master Cook. The order had registered a Danish judgment for enforcement in England and Wales, along with a supplemental order for costs amounting to £12,500. The registration was deemed valid, but its effect expired at midnight on the day it was made, rendering it ineffective for enforcement purposes.

Appeal Considerations

The appeal raised several issues, including the form of the order, the costs order below, and the costs of the appeal itself. The appellants argued that the costs order should be set aside due to the expiration of the limitation period, which they claimed nullified any recoverable sums under the judgment. Conversely, the respondent argued for the retention of the costs order, asserting that the registration was validly executed.

Court's Decision

The court sided with the respondent on the costs issue, finding that the registration was justified despite its eventual ineffectiveness. The court noted that the respondent acted within its rights to apply for registration before the limitation period expired. However, the court acknowledged that the registration's expiration rendered it unenforceable.

Costs of the Appeal

In addressing the costs of the appeal, the court considered the conduct of both parties. While the respondent succeeded in upholding the registration's validity, the appellants achieved a ruling that invalidated its enforceability. The court ultimately determined that the appellants were the successful party in substance, though their conduct during the appeal process was criticised.

Conduct of the Parties

The court highlighted several shortcomings in the appellants' conduct, including the submission of unnecessarily lengthy documents and the citation of a non-existent authority. These actions were deemed serious, as they disrupted the judicial process and wasted court resources. The respondent, while initially compliant, was noted for a lapse in failing to inform the court about the appeal permissions.

Final Order

Taking into account the conduct and outcomes, the court decided not to award costs to either party for the appeal. The Master's order for costs below was upheld, but no further costs were awarded due to the appellants' conduct and the respondent's failure to achieve substantive enforcement.

Conclusion

This case underscores the complexities involved in cross-border judgment enforcement and the importance of procedural compliance. The decision highlights the court's balancing act between upholding procedural rights and addressing the conduct of parties involved in litigation.

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