Real prospect of a legitimate benefit to the claimant from English proceedings sufficient for permission to serve a claim seeking to enforce a foreign judgment out of the jurisdiction

In a recent judgment dismissing a jurisdiction challenge in relation to a claim seeking to enforce a judgment of the UAE courts, the Commercial Court (Stephen Houseman KC sitting as a High Court judge) has reiterated the correctness of the Court of Appeal’s decision in Fonu v Demirel [2007] 1 WLR 2508 to the effect that it does not need to be shown, on an application for permission to serve out of the jurisdiction a claim seeking to enforce a judgment, that there are any assets available for execution in England. It suffices that there is a real prospect of a legitimate benefit to the claimant from the English proceedings. That benefit can be indirect or prospective.

Peter Head of Blackstone Chambers acted for the successful Claimants.

An overview of the judgment is available here.