Enforcing Foreign Judgements in England and Wales
Ramona Danciu
Solicitor
When disputes cross borders, enforcing a judgment from one country in another can be a complex process. This article will address the key questions regarding the importance and applicability of enforcement of foreign judgments, as well as the rules and procedures following Brexit.
What is enforcement of foreign judgments?
Enforcement of foreign judgments refers to the legal process of ensuring that a judgment issued by a court in one country (the country of origin) is carried out in another country (the enforcing country). It includes compelling payment, seizing assets or enforcing a non-monetary order such as an injunction. Not all judgments can however be enforced in a jurisdiction, there is a key step which must be followed before enforcement can take place, namely recognition.
What does recognition mean then?
Well, recognition is the process of formally accepting a foreign judgment as valid in the enforcing country (in this case, England and Wales). This ensures that the same dispute is not relitigated and the judgment from the foreign jurisdiction can be used as evidence in the subsequent stage (i.e. enforcement) or in a different case. Once recognised, enforcement involves taking legal steps to implement the judgment, such as seizing assets or compelling compliance.
What does recognition mean then?
Well, recognition is the process of formally accepting a foreign judgment as valid in the enforcing country (in this case, England and Wales). This ensures that the same dispute is not relitigated and the judgment from the foreign jurisdiction can be used as evidence in the subsequent stage (i.e. enforcement) or in a different case. Once recognised, enforcement involves taking legal steps to implement the judgment, such as seizing assets or compelling compliance.
Is enforcement really necessary?
Yes, absolutely. Let’s think about a scenario where the judgment debtor and the majority of their assets are located in a jurisdiction different from the one where the judgment was issued. Without enforcement, there is generally no way of compelling a judgment debtor to pay the judgment debt and the judgment creditor may otherwise struggle to recover the debt.
Is it relatively straightforward to enforce a judgment in England and Wales?
It depends is a phrase well known in the legal industry. And this is because no two cases are the same. Generally speaking, both monetary and non-monetary judgments could be enforced. The ease of enforcement depends on a series of factors, such as:
- The jurisdiction in which the judgment originated, as different rules apply to different countries under different conventions, as we will explore below;
- The type of judgment, with monetary judgments being typically much easier to enforce than non-monetary judgments. The enforceability of an order for specific performance or an injunction depends on the legal framework in place (this includes international treaties);
- The timing of the proceedings, as Brexit and the Hague Judgments Convention have introduced new rules for judgments issued after specific dates.
Let’s dig into some more technical points now that we have covered the basics.
There are several regimes for enforcing foreign judgments in England and Wales, depending on the country of origin:
- UK Regime
- This applies to judgments from Scotland and Northern Ireland.
- It covers both monetary and non-monetary judgments, excluding interim orders like freezing injunctions.
- It requires registration of the judgment in the High Court, followed by enforcement as if it was an English judgment.
2. European Regime
- Applies to judgments from European Union (EU) and European Free Trade Association (EFTA) states given in proceedings instituted before 31 December 2020.
- It is governed by instruments like the Recast Brussels Regulation, 2001 Brussels Regulation, and 2007 Lugano Convention.
- These rules simplify enforcement by removing the need for a declaration of enforceability in some cases.
3. Hague Convention on Choice of Court Agreements (2005)
- It covers judgments from the countries in the table below and applies only to judgments from courts designated in exclusive choice of court agreements.
- Excludes certain matters like consumer and employment disputes.
- The countries/ territories which signed and ratified the 2005 convention are:
- Albania
- European Union (which includes all members states except Denmark)
- Denmark
- Mexico
- Moldova
- Montenegro
- North Macedonia
- Singapore
- Switzerland
- Ukraine
- United Kingdom
4. Hague Judgments Convention (2019)
- This convention entered into force in the UK on 1 July 2025.
- It covers judgments in civil and commercial matters, including non-monetary judgments, but excludes interim measures.
- Applies to judgments from EU member states (except Denmark), Ukraine, and Uruguay for proceedings commenced after 1 July 2025.
5. Statutory Regime
- It covers judgments from Commonwealth countries and some other countries with deep connections to the Commonwealth, such as Australia, Canada, and India.
- It is governed by the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933.
- It solely applies to monetary judgments from superior or recognised courts.
6. Common Law Regime
- Applies to judgments from countries not covered by other regimes, such as the United States, Japan, and post-Brexit EU/ EFTA states.
- Requires fresh legal proceedings in England to enforce the judgment as a debt.
- Covers only final and conclusive monetary judgments.
What about Brexit?
Brexit has significantly altered the rules for enforcing judgments from EU and EFTA states. The key points to note here are that:
- Judgments from proceedings instituted before 31 December 2020 are still governed by the European regime; however
- Judgments from proceedings instituted after this date are no longer covered by the European regime. Instead, they may be enforceable under the Hague Conventions, statutory regime, or common law.
The UK applied to rejoin the 2007 Lugano Convention, which would have reinstated simplified enforcement rules for judgments from EU and EFTA states. However, the EU has not approved the UK’s application, citing political and competitive reasons.
What are the practical steps for enforcement then?
The process for enforcement varies depending on the applicable regime, but generally involves the following steps:
- Obtain Recognition: File an application with the High Court to recognise the foreign judgment. This may involve providing certified copies of the judgment, proof of service, and translations if necessary.
- Register the Judgment: For regimes like the statutory or Hague Conventions, registration is required before enforcement can proceed.
- Enforce the Judgment: Once recognised and registered, the judgment can be enforced using methods like:
Seizing assets.
- Seizing assets.
- Garnishee orders (seizing money owed to the debtor by third parties).
- Charging orders (securing the debt against property).
- Writs of control (seizing goods for sale)
What if I am a judgment debtor and I want to defend the enforcement, what steps can I take?
A judgment debtor may challenge recognition or enforcement on several grounds:
- Lack of Due Process: this is if the original court failed to provide proper notice or an opportunity to be heard.
- Jurisdiction Issues: if you can demonstrate that the original court lacked jurisdiction to hear and decide the case.
- Fraud: where the judgment was obtained through fraudulent means.
- Public Policy: if there are major public policy disagreements to the extent that these are fundamentally incompatible with English law or morality.
- Finality: If the judgment is not final or is subject to appeal.
You said that it is more difficult to enforce non-monetary judgments, can you tell me more?
Sure! Non-monetary judgments, such as injunctions or orders for specific performance, are not always enforceable. Their enforceability depends on the regime:
- Under the Hague Conventions, non-monetary judgments are enforceable.
- Under the statutory and common law regimes, only monetary judgments are enforceable.
Let’s take a practical example under the common law regime. If a judgment has been obtained in Egypt, the requirements before commencing the recognition and enforcement of the judgment are to establish that:
- The judgment is final and conclusive in the Egyptian court;
- It relates to a monetary judgment for a definite sum;
- The Egyptian courts had jurisdiction under a territorial or consensual basis, either as the defendant was in Egypt at the time of the judgment or the defendant submitted to the jurisdiction of the Egyptian courts
And only after the above requirements have been met one can consider the procedural steps of recognising and enforcing the judgment in England and Wales.
Have there been any developments I should be aware of?
The Hague Judgments Convention, which entered into force in the UK on 1 July 2025, is a game-changer for cross-border enforcement. It provides a global framework for recognising and enforcing judgments in civil and commercial matters. Key features include:
- Applicability to judgments from proceedings commenced after 1 July 2025.
- Coverage of non-monetary judgments, excluding interim measures.
- Simplified procedures for recognition and enforcement.
What are the main points a judgment creditor should consider?
If you are a judgment creditor and currently consider apply for a foreign judgment to be recognised and enforced in England and Wales, you should bear in mind the following practical steps:
- Identify Assets: Locate the judgment debtor’s assets in England or Wales before initiating enforcement proceedings.
- Engage Local Counsel: Work with a lawyer familiar with the enforcement regime applicable to your judgment.
- Check Limitation Periods: Ensure your application for recognition and enforcement is filed within the required timeframe.
- Prepare Documentation: Gather certified copies of the judgment, proof of service, translations, and other required documents.
- Consider Interim Measures: If necessary, apply for freezing orders or other protective measures to secure assets before enforcement.
Conclusion
Enforcing foreign judgments in England and Wales involves navigating a complex web of rules and procedures. The applicable regime depends on the country of origin, the type of judgment, and the timing of the proceedings. While Brexit has introduced significant changes, the Hague Judgments Convention offers new opportunities for streamlined enforcement. By understanding the key concepts, regimes, and defences, judgment creditors can take informed steps to ensure successful enforcement.
It is important to seek expert legal advice to navigate the process effectively and protect your interests.
For specialist advice and support. Please get in touch with our corporate solicitors in London by contacting the GOOD LAW INTL office.
A warm welcome to GOOD LAW INTL. To learn more about us and our practice areas, we invite you to browse through our website and contact us or book an appointment.
