PIL instrument(s)

Case number and/or case name

British Seafood Limited v Wlodzimierz Kruk, Macin Kruk [2008] EWHC 1528 (QB)

Details of the court

England and Wales, Second Instance

Articles referred to by the court

Date of the judgement

25 June 2008

Appeal history

CJEU's case law cited by the court

Summary

A Polish judgment dated September 2002 was registered on 4th April 2008. This was an appeal against the order of Master Leslie, registering the Polish judgment. The judgment debtor, an English company, made an application for the enforcement order to be set aside on the ground that the service of documents was not properly made and as a result the defendant was not in position to organise the defence. Also, it was noted that there was no certificate that the judgment could be enforced in Poland. Although the High Court judge rejected the debtor’s appeal against the enforcement order, the English enforcement proceedings were stayed. The stay was granted on the ground of Article 37 of Brussels I. The latter provision was invoked because the Polish civil proceedings were reactivated. Also, there was an ongoing criminal investigation in Poland. Mr Justice Coulson held: “47 I have taken into account the following factors as being relevant to that conclusion: (a) There is an ongoing criminal investigation in Poland. Whilst the court may be a little sceptical as to whether it might provide any sort of result, because of the delays and the fact that it has been cancelled on at least two occasions, it is fair to say that the most recent ruling of the Polish Court has been to reinstate that investigation (see paragraph 18 above). (b) If the criminal investigation resulted in a positive conclusion, there would be a real possibility that the sums due pursuant to the judgment would have to be repaid […]. (c) In addition, there is now a civil appeal which […] might render the original Polish judgment a nullity. Until that appeal has been resolved, it would again be quite wrong to make any order other than to stay these proceedings. 48 Accordingly, I stay these proceedings until after the conclusion of both the criminal investigation in Poland and the most recent civil appeal in that country. I would ask the parties to agree the precise formulation of the order.” [47-48]