Wednesday, November 05, 2008

attorney fees - foreign judgment - English rule

Olympus Corp v. Canady - Superior Court - October 30, 2008

http://origin-www.courts.state.pa.us/OpPosting/Superior/out/a15025_08.pdf

Pennsylvania courts must give full faith and credit under the Uniform Foreign Money Judgment Recognition Act, 42 Pa. C.S. 22001 et seq. to a judgment of the UK High Court of Justice, which included an award of fees against the appellant (plaintiff in the UK court), under the long-standing "English rule," which provides for attorney fees to the prevailing party.

Such an award is remedial and not a penalty, does not violate any public policy of Pennsylvania, and was implicitly acquiesced in by the appellant, who sought recourse in the English courts.