Andrew Otchie discusses the technicalities & legal aspects of enforcing a judgment from a Commonwealth jurisdiction
The conclusion of the Second World War brought about the beginning of the end for the Empire of Great Britain, with India declaring independence in 1947, followed by the Gold Coast, which was the first African country to do so, then becoming known thereafter as Ghana, in 1957. Thus, with the number of countries which then followed suit, a political community was born in 1952, being known as the British Commonwealth, and referring to the 54 states, almost a third of the world’s population, which wished to continue their common traditions and shared cultural heritage. Significantly, the legal systems that had been implemented and adhered to throughout the Empire, were firmly based on English law, and now at the 60th anniversary year of the formation of the Commonwealth, largely continue to be so.
Enforcing a judgment from a Commonwealth jurisdiction
The historical context is relevant because, at the time the Administration of Justice Act was passed in 1920 (AJA 1920), it was not envisioned that the
