I’m wondering why Sean Combs didn’t just tell the UK courts to stick it. I mean, what is required of an individual from the United States to actually show up to a UK court by getting sued?
I don’t really want to debate the merits of the story itself, just how is it possible that the UK can sue an individual not from the UK, and make it enforceable? Of course Combs has international recognition and likely wants to keep his fanbase in the UK… but seriously, what if he just said screw off to the UK system and do nothing? Maybe they’ll issue a warrant for him when he’s within the borders, I can see that. But is there anything that requires a non-citizen to show up to the demands of another countrys court system for something as petty as this?
I thought about extradition too, but this isn’t like he committed murder or rape… he’s getting sued to change his name by another individual within the UK.
It’s enforceable in the UK. Combs decided to change his stage name to just Diddy after getting his international recognition as P. Diddy. Problem with that in the UK was that there was already another bloke using the stage name of just Diddy. That individual sued because it (presumably) could have a negative impact on the real Diddy’s business interests.
IANAL, but one would think he might like to be able to sell his music in the UK market? I doubt he’d be able to do that if he told the UK justice system to get stuffed.
One issue would be enforceability. If P. Diddy had not settled the case, even if he never visited the UK, the companies and agents distributing his records in the UK could have had actions against them, including having assets seized to recompense the real “Diddy” for his business losses, and for P. Diddy’s unfair profits on the name “Diddy”. Even if P. Diddy didn’t care about this, those companies and agents would.
I’m fairly astonished that people are fighting over the trade name “Diddy”. Is Diddy the off-the-charts red-hot focus group choice for a pick to click? I mean, really; what’s the draw?
As to the OP, yes, if he has business interests in the UK (i.e. selling his CD’s or those of his proteges, etc), then he has to answer to the charges to be all legal and stuff.
Personal jurisdiction is one limit on this principle. Combs was doing business in the jurisdiction and the lawsuit arose from his actions there, so the court pretty clearly had personal jurisdiction over him (the power to hail him into court to answer the civil lawsuit).
What possible difference to the merits of the suit could the size of either country’s population have? The issue in the case in this (zombie) thread is the use of a stage or trade name.
There are traditionally three ways to enforce a foreign judgement, (various jurisdiction will have their own rules)
There is a prior agreement between the juridictions. This is the most common these days. In this, a domestic Court will enforce a foreign judgement as if it was its own.
File suit in a domestic court using the foreign judgement itself as a fresh cause of action. In this vase you are saying that this person owes me money, the foreign judgement is the proof of that, make him pay up. Over here, generally you need to show that the debtor participated freely in the foreign proceedings, that said proceedings have attained finality (meaning they are no longer subject to being varied or set aside by a higher foreign judicial forum) and that the decision was one on merits (meaning it was done on the merits of the case presented, not one handed down due to say default).
File suit with the original cause of action in domestic jurisdiction. Obviously expensive, might not be able to bring it.
For this reason, it is common for contracts to contain a choice of law and forum clause, which states whose law and Courts will any dipsute be decided by.
As it is, absent compelling reasons, Courts generally do enforce foreign judgements which fulfil criteria unless there are public policy reasons not to. The reasons are obvious, the foreign courts will simply refuse to so enforce your own judgements in turn and no one wants to be the place where the defaulters run to.
:dubious: