Folkard, Joshua; Bergson, Ian; (2023) Godard v Grey and Schibsby v Westenholz (1870). In: Merritt, Louise and Day, William, (eds.) Landmark Cases in Private International Law. (87-/107). Hart Publishing: London, UK.

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Abstract

THIS CHAPTER CONSIDERS the recognition and enforcement of foreign judgments, and specifically the ‘ obligation theory ’ underpinning the common law rules which clearly emerged in the nineteenth century in the twin cases of Godard v Gray and Schibsby v Westenholz . 1 The chapter is structured as follows: ( I ) we first address the decisions in Godard and Schibsby and the obligation theory itself; ( II ) we then put the domestic common law in context and consider developments in other jurisdictions (including most notably Canada), which have diverged from the English approach; ( III ) we argue that the obligation theory struggles to explain the current positive law of England and Wales; and ( IV ) we draw the threads together by way of conclusion and draw on our survey of the foreign jurisprudence to reinforce our conclusions on Godard and Schibsby.

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