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The Recognition, and Res Judicata Effect, of a U nited S tates Class Actions Judgment in E ngland: A Rebuttal of V ivendi
Author(s) -
Mulheron Rachael
Publication year - 2012
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2011.00896.x
Subject(s) - res judicata , class action , law , class (philosophy) , adjudication , political science , jurisdiction , settlement (finance) , supreme court , choice of law , law and economics , sociology , business , state (computer science) , computer science , finance , algorithm , artificial intelligence , payment
U nited S tates' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both A merican and foreign (i.e., non‐ US ‐domiciled) class members. This article contends, however, that a class actions judgment/settlement issued by a US court would not be recognised, and would not be given preclusive effect, in E ngland, should absent E nglish class members wish to re‐litigate the same grievance before an E nglish court. Specifically, it is argued that two separate preconditions for such recognition and preclusive effect would fail, viz , a US court would usually lack the requisite ‘personal jurisdiction’ over absent E nglish class members; and the necessary ‘identity of parties’ would be absent. The article seeks to anticipate the appropriate answer to a conundrum which is certain to arise for future E nglish judicial consideration, whilst acknowledging the uneasy fit which currently exists between E nglish private international law and multi‐jurisdictional class actions.