Common use of Enforcement of English Judgment Clause in Contracts

Enforcement of English Judgment. Any judgment for a fixed sum of money obtained against the Borrower in the High Court of England will be enforceable against it in the Isle of Man provided that such judgment is final and conclusive and was not obtained by fraud or contrary to public policy of the Isle of Man at the time or contrary to the rules of natural justice in the Isle of Man at the time and provided that the correct procedures under the laws of the Isle of Man (including registration of the English judgment with the Isle of Man Courts) are complied with. There is no statutory procedure in the Isle of Man for the recognition or enforcement of judgments of the courts of the Bahamas. However, under Isle of Man common law, a foreign judgment in personam given by the court of a foreign country with jurisdiction to give that judgment may be recognised and enforced by an action for the amount due under it provided that the judgment: (i) is for a debt or definite sum of money (not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty); (ii) is final and conclusive; (iii) was not obtained by fraud; (iv) is not one whose enforcement would be contrary to public policy in the Isle of Man; and (v) was not obtained in proceedings which were opposed to natural justice in the Isle of Man.