There are a number of routes by which an English judgment can be enforced abroad:
- The UK is party to both the Hague Choice of Court Convention 2005 (Hague 2005) and the Hague Judgments Convention 2019 (Hague 2019). Hague 2005 and Hague 2019 both aim to ease the enforcement of judgments between their respective contracting states where certain requirements are met.
- The UK also has reciprocal arrangements in place for the enforcement of money judgments with a number of current and former Commonwealth countries and overseas territories, and bilateral enforcement treaties in place with various other jurisdictions.
- In the case of proceedings commenced before the end of 2020, where enforcement is sought in an EU Member State the rules on the enforcement of judgments under the recast Brussels Regulation (Regulation 1215/2012) continue to apply to the UK.
- If there is no applicable agreement or convention, enforceability will depend on local rules in the country of enforcement.
This is a complex area. Local law advice should always be taken. However our quick reference guide will help determine the position. Click on the link below to access it:
Decision tree: Will an English judgment be enforceable abroad?
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.