The Ties that Bind: Roberta Harvey and Rory Carter write for STEP on privity of interest and its implications for enforcement of judgments in foreign jurisdictions.
Head of Contentious Trusts and Estates, Roberta Harvey, and Contentious Trusts and Estates Associate, Rory Carter, have authored an article for the STEP Trust Quarterly Review magazine entitled ‘The Ties that Bind’.
In their article, Roberta and Rory review the Mezhprom v Lenux judgment on privity of interest binding trustees in foreign jurisdictions. The article includes:
- Background of the Mezhprom v Lenux ruling and application of Rules 43 and 48 of Dicey, Morris & Collins.
- Consideration of the estoppel of privity of interest where a judgment against a defendant in one capacity binds him in another capacity, contrasted with where a non-party is bound by a judgment.
- Examination of the further complication caused by firewall provisions, the risks to trustees not protected by firewall legislation, and some of the practical issues that arise.
The full article can be read here.