Arbitral Digest

Matter

Fidelity Bank London Branch v Mr X...

  1. 9 March 1988France

    9 March 1988France

    Order of 9 March 1988 authorizing a provisional judicial mortgage registration

    Tribunal de grande instance

    Decision summary
    The president of the Tribunal de grande instance authorized Fidelity Bank London Branch to register a provisional judicial mortgage over an apartment owned by Mr X...

    Supporting details

    2 participants
    Fidelity Bank London Branch
    Mr X...
    Tribunal de grande instance

    1 month and 16 days later · 47 days

  2. 25 April 1988England

    25 April 1988England

    First English judgment dated 25 April 1988

    English court

    Decision summary
    The English court granted Fidelity Bank London Branch's claim for payment against Mr X...

    Supporting details

    2 participants
    Fidelity Bank London Branch
    Mr X...
    English court
  3. 25 April 1988England

    25 April 1988England

    Second English judgment dated 25 April 1988

    English court

    Decision summary
    The English court granted Fidelity Bank London Branch's claim for payment against Mr X...

    Supporting details

    2 participants
    Fidelity Bank London Branch
    Mr X...
    English court

    7 months and 19 days later · 233 days

  4. 14 December 1988France

    14 December 1988France

    Judgment of the Paris Court of Appeal dated 14 December 1988

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal confirmed the order rejecting Mr X...'s application to release the provisional judicial mortgage registration.

    Supporting details

    2 participants
    Mr X...
    Fidelity Bank London Branch
    Paris Court of Appeal
  5. Date not availableFrance

    Date not availableFrance

    Judgment of the French Court of Cassation

    French Court of Cassation

    Decision summary
    The Court of Cassation rejected the bank's appeal and held that the English judgments could be enforced in France only after being declared enforceable there. The provisional judicial mortgage registration therefore remained effective while the exequatur procedure was pending.

    Supporting details

    4 authorities · 2 participants
    Fidelity Bank London Branch
    Mr X...
    French Court of Cassation

    Authorities cited

    4
    • French Code of Civil Procedure, articles 54 and 500
      statute
    • Decree dated 4 January 1955, article 4
      statute
    • Brussels Convention dated 27 September 1968, articles 26, 31 and 39
      treaty
    • French New Code of Civil Procedure, article 500
      statute
  6. Date not availableFrance

    Date not availableFrance

    Order rejecting the application for release of the provisional judicial mortgage registration

    Judge hearing urgent applications

    Decision summary
    The judge hearing urgent applications rejected Mr X...'s application to release the provisional judicial mortgage registration.

    Supporting details

    2 participants
    Mr X...
    Fidelity Bank London Branch
    Judge hearing urgent applications

Matter record

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Fidelity Bank London Branch v Mr X... · Matter