[House of Lords (Lord Reid, Lord Hodson, Lord Guest, Lord Upjohn and Lord Wilberforce), December 1, 2, 6, 7, 8, 9, 13, 14, 15, 16, 1965; January 31, February 1, 2, 3, 7, 8, 9, 10, 14, 15, 16, May 18, 1966.]
Conflict of Laws—Foreign law—Recognition—Law as declared by courts of foreign country—Zonal government in Germany—German Democratic Republic not recognised by United Kingdom government as independent sovereign state, but U.S.S.R. recognised as having de jure sovereignty in Eastern Zone of Germany—Council of Gera, created by laws of German Democratic Republic, exercised authority in the district of the Eastern Zone that included Jena—Council entitled according to law of Eastern Zone to act as the special board (the governing authority) of Carl-Zeiss-Stiftung, a corporation domiciled at Jena in Eastern Zone—Council authorised the bringing of an action in England in the name of the foundation—Whether action brought without authority.
Estoppel—Estoppel by record—Issue estoppel—Foreign judgment—Issue of want of authority to institute action—Judgment in foreign proceedings that Council of Gera, the effective plaintiff, was not entitled to represent foreign corporation—Council of Gera authorised issue of writ to bring passing-off action in England in name of foreign corporation—Defendants in English action applied for stay of proceedings on ground of want of authority to issue writ—Whether defendants entitled to succeed on this application on ground that English solicitors estopped by foreign judgment from maintaining that they were duly authorised.
Solicitor—Costs—Payment by solicitor personally—Want of authority to institute action—Action in name of foreign corporation—Corporation domiciled in Eastern Zone of Germany—Law applicable to determine authority to sue.