Trinidad and Tobago - Enforcement of Money Judgments
Author(s):
Jonathan Walker
Cherie Gopie
Page Count:
18 pages
Media Description:
1 PDF Download
Jurisdictions:
Description:
Originally from Enforcement of Money Judgments
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I. PRESENT ATTITUDE TOWARDS ENFORCEMENT OF
FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your Government (including
courts) towards enforcement of foreign money judgments.
The Judgments Extension Act Chap 5:02 in Trinidad and Tobago,
which makes provision for the reciprocal enforcement in Trinidad and
Tobago of Judgments of the United Kingdom and other Commonwealth
countries, demonstrates the receptiveness of the Government of Trinidad
and Tobago towards enforcing foreign money judgments. The Act
provides a system of registration to facilitate the direct enforcement of
money judgments from the United Kingdom and other specified
Commonwealth countries in Trinidad and Tobago.
Where the statutory provisions for enforcing a foreign money
judgment are not applicable the local Courts will generally allow the
enforcement of the foreign money judgment where the enforcement of
the foreign judgment complies with the common law principles for the
enforcement. This will be discussed further below.
B. Briefly describe recent illustrative attempts, whether
successful or unsuccessful, to enforce a foreign money
judgment in your country, particularly with regard to
enforcement of any judgments from United States Courts.
Most attempts to enforce foreign money judgments in Trinidad and
Tobago have not been litigated to the point that written judgments of
the Court were required. However, there is a small body of local case
law in Trinidad and Tobago which provides some authority with regard
to the recognition of foreign judgments in accordance with both the
common law and under the Judgments Extension Act.
In Medical Air Services Association International Inc. v Bahadur,
Joseph H.C 1280/2011 CV. 2011-01280 the Claimant, a company
based in the United States of America was seeking to enforce in
Trinidad and Tobago, under common law principles, a foreign
judgment of the District Court of Tarrant County, Texas. The
Defendant challenged the enforcement of the foreign judgment on the
Defendant challenged the enforcement of the foreign judgment on the