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(1) if it violates the laws relating to public order of
the requesting State;
(2) if the rights of the defence have in any way been
infringed;
(3) if the foreign judgment is unreconcilable with a
national judgment;
(4) if the foreign Court has adjudicated upon mat-
ters relating to the powers of the State or of the capacity
of persons.
The object of an Exequatur is not to allow judgments,
even when recognised abroad, to he made the object of
an execution order within another State, if such execu-
tion has not first been authorised by the original State.
In most Market countries except Belgium, the ordinary
Magistrate is the competent judicial authority for this.
There is an appeals procedure provided under the
Convention—but the competent Court to consider
appeals when the Exequatur has been granted—and
when it has been refused, is not always the same.
The Convention as drafted allows matters of compe-
tence to depend on certain rules, and when ratified,
will he of the utmost importance.
The British rapporteur of this intricate subject was
Master I. H. Jacob who proved to be such a master
of his subject that he made it appear easy. Master Jacob
said that this Convention was an outstanding example
of the harmonisation of laws under the community and
entailed a complete new code for the jurisdiction :
recognition and enforcement of judgments within mem-
ber States. This multi-lateral Convention was charac-
terised by simple, speedy and inexpensive rules and
procedures; its scope was considerably wider than the
Hague Convention of 1966.
No Harmonisation of Laws within Commonwealth
There is at present no harmonisation of laws within
the United Kingdom, nor within the Commonwealth.
In England, there are no less than four different pro-
cedures laid down for the recognition and enforce-
ments of foreign judgments. By eventually adhering to
the Convention, we shall have automatic, harmonisation.
We must henceforth regard Continental systems of law
with the same esteem as the Common Law. It is to be
questioned whether the scope of the Convention ex-
tends to revenue matters, customs duties and penalties.
As regards jurisdiction, the basis is the domicile of
the defendant, which is his ordinary residence. It is to
be noted that exorbitant or excessive grounds of juris-
diction will henceforth be eliminated as between mem-
ber States—thus Order II of the Supreme Court Rules
dealing with service outside the jurisdiction will no
longer apply, as there will be no need for this within
an enlarged Community. The Commercial Court is
given jurisdiction over civil claims.
SAINT LUKE'S
CANCER RESEARCH
FUND
Gifts or legacies to assist this Fund are most
gratefully received by the Secretary, Liam P.
Egan, F.H.A. (E), at "Oakland", Highfield
Road, Rathgar, Dublin 6. Tel. 976491.
This Fund does not employ canvassers or
collectors, and is not associated with any
other body in fund-raising.
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145