Enforcement of Foreign Judgements in the United Kingdom
Omar Elzayat
International Associate
The United Kingdom, a jurisdiction with a rich legal history, provides multiple avenues for the enforcement of foreign judgments. These avenues include both treaty-based mechanisms and the common law method, each with its own unique procedures and requirements.
While each of these methods plays a crucial role in the broader framework of international judgment enforcement, this article will focus exclusively on the common law method as it is now a vital tool for parties seeking to enforce foreign judgments in the UK, especially in the post-Brexit legal landscape, where certain treaty-based mechanisms may no longer apply.
By examining the principles, procedures, and challenges associated with the common law method, this article aims to provide a comprehensive understanding of its role and significance in the UK’s legal system.
When no special regime applies, English common law governs recognition and enforcement of foreign judgments in England and Wales. Use common law to enforce a foreign money judgment when no other options apply or the judgment falls outside special regimes.
Under this regime, the English court will recognize the foreign judgment as an instrument of debt owed by the judgment debtor to the judgment creditor, by which the court can issue a fresh judgment based on the debt evidenced by the foreign judgment. Provided that the requirements for a foreign judgment to be considered as creating a debt are satisfied.
Common law restricts enforcement of foreign judgments to those following natural justice and awarding a specified, compensatory (not punitive) sum of money. Any punitive damages, interim awards or injunctive reliefs are not enforceable at common law.
Procedures and Requirements for the Enforcement of Foreign Judgements
You can enforce a foreign judgment at common law in person if it meets the following conditions:
- Competent Jurisdiction: English law requires that the foreign judgment comes from a court with competent jurisdiction. A court has jurisdiction if it has territorial or consensual links, especially if the defendant was present or agreed to its authority.
- Nature of the Judgment: The judgment must pertain to a debt or a specific sum of money. Judgments related to taxes, fines, or other penalties are not enforceable, nor are orders requiring the defendant to perform or refrain from certain actions.
- Finality of the Judgment: The foreign judgment must be final and conclusive regarding the merits of the case. A judgment counts as final and conclusive if the foreign court treats it as res judicata. Even if the judgment is under appeal or can be appealed, it still counts as final, though English courts may delay enforcement until the appeal finishes.
England may refuse enforcement if the debtor proves fraud, public policy violations, or breaches of natural justice.
The procedure for enforcing a foreign judgment under the common law regime is straight forward, requiring the judgment creditor to initiate fresh proceedings against the judgment debtor before the High Court in England and Wales to recover his debt.
The claimant can then expedite the process by applying for a summary judgment based on the argument that the judgment debtor has no real prospect of success, as evidenced by the foreign judgment, which accelerates the enforcement of the foreign judgment.
However, this process hinges on the judgement satisfying all the requirements and conditions for recognition and enforcement required by English law.
Other methods
UK law also enforces foreign judgments through treaties like the Hague Convention and agreements with Commonwealth countries.
Moreover, specific statutes such as the Administration of Justice Act 1920, the Foreign Judgments (Reciprocal Enforcement) Act 1933, and the Civil Jurisdiction and Judgments Act 1982, create statutory mechanisms for the enforcement of foreign judgments in the UK. These statutes typically apply to judgments from designated jurisdictions with which the UK has reciprocal agreements.
Conclusion
Without a treaty or statute, the common law method acts as the UK’s default for enforcing foreign judgments through a new court action. This method is particularly significant in cases involving jurisdictions that do not have a reciprocal enforcement agreement with the UK. However, enforcing such judgements requires adherence to specific legal conditions. Firstly, the foreign judgment must be rendered by a court recognised as having competent jurisdiction under English standards.
This is typically based on either the defendant’s presence within the foreign jurisdiction or their voluntary submission to its authority. Furthermore, the judgment must involve a specific sum of money and not relate to taxes, fines, or other penalties.
The judgment must be final and conclusive, even if under appeal. Enforcement can be refused for valid defenses. Proceedings start in the appropriate court based on location.
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