U.K. court's $3.4 million ruling against international investment firm is upheld by Pa. Superior Court

By Takesha Thomas | Nov 22, 2018

PHILADELPHIA - An international investment firm has been ordered by a Pennsylvania court to pay more than $3.4 million.

Geden Holdings Ltd. filed an appeal to strike a foreign judgement after a Philadelphia County trial court awarded Eclipse Liquidity Inc. more than $3.44 million in February. The Philadelphia court confirmed a foreign money judgment request that was previously awarded in the High Court of Justice, Queens Bench Division, Commercial Court in and for the United Kingdom, court papers state. 

On Nov. 13, the Superior Court of Pennsylvania also affirmed the award on appeal. Geden had argued that Eclipse had not followed proper procedure when it "failed to utilize proper procedure by failing to file a complaint or otherwise take any action to obtain a judgment review and recognition of the U.K. Money Judgment as required by the [Recognition Act]."

The court wrote in part, "We do not find that principles of due process are offended by placing the burden on Appellant to raise grounds for nonrecognition of the foreign judgment, including any procedural deficiency of the foreign proceedings, in a petition to open or strike the judgment after it has been domesticated in the Commonwealth."

According to court papers, the Recognition Act defines a “foreign judgment” as “[a]ny judgment of a foreign government granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment in matrimonial or family matters.” 

In this matter, a “foreign government” is defined as “[a]ny governmental unit other than the United States, or any state, district, Commonwealth, territory or insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands or the Ryukyu Islands.

Geden argued that procedures giving it notification and opportunity to argue its position was lacking in the United Kingdom proceeding. Geden claimed that Eclipse didn't follow proper procedure under the Recognition Act when they didn't attempt to seek civil action in United Kingdom courts first. 

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