Marie Louise Kinsler and Alistair Mackenzie succeed in resisting application to enforce Maltese judgment
Patterson J has today given judgment in The Prime Minister of Malta and others v Laserpoint Ltd. The case concerned a judgment given in Maltese proceedings following a fire in 1987 in Malta. The Claimants sought to enforce that judgment in England and obtained an order allowing them to do so.
Laserpoint appealed the order arguing that the judgment should not be recognised as a matter of public policy and that it had not had an opportunity to defend the Maltese proceedings. Laserpoint relied on Article 34 of the Brussels I Regulation and Article 6 of the European Convention on Human Rights.
Patterson J, accepting Laserpoint’s arguments, allowed the appeal and ordered that the judgment could not be enforced in England.