Enforcement of foreign judgments in England and Wales

Most judgments are resolved and enforced within the jurisdiction to which they originated. However, there are times where another court order will also be needed before a foreign judgment can be enforced in a different jurisdiction. 

Before a foreign judgment can be enforced in England and Wales, it will need to be recognised by the English courts. There are different ways in which a foreign judgment may be recognised and this will typically depend on where the original judgment was obtained.

As each case will be different, there may be various ways to enforce the judgment. Each method has different rules so it is important to ensure the correct method is chosen. At Stone King, we always discuss all options with clients before agreeing the most pragmatic and cost effective way forward. Our specialist lawyers will usually consider the following before advising in relation to enforcement:

• Hague Convention
• Administration of Justice Act 1920
• Foreign Judgments (Reciprocal Enforcement) Act 1933; and 
• Common law rules

Once a foreign judgment is registered or an English judgment is obtained on the foreign judgment, it will be enforceable in the same way as a domestic judgment. However, as it is likely that there will be a delay between a judgment being obtained and being enforced outside of the jurisdiction, it is also possible to consider interim solutions to provide extra protection. For example, if it is deemed appropriate, it may also be necessary to make an application for a freezing injunction. This is a type of court order which prevents an individual from dealing with or disposing of assets. Whilst the English courts do recognise foreign judgments, they do not generally allow parties to re-litigate on decisions. 

Enforcement of English judgments overseas

Whether an English judgment can be enforced in any particular foreign country will depend on the private international law of that country. Advice from a local lawyer will be required and Stone King have an extensive network of preferred professionals which can be utilised should this be required. Our international lawyers’ network has been carefully selected to ensure they are independent but also align with our values and commitment to provide excellent client care. 

Certain European states which are members of the EU or EFTA (except Liechtenstein) are all subject to the regime for the enforcement of judgments from other EU member states or EFTA countries contained in the Recast Brussels Regulation, the 2001 Brussels Regulation and the 2007 Lugano Convention. Under Article 67 of the UK-EU withdrawal agreement, the European regime continues to govern the enforcement in EU or EFTA states of English judgments given in proceedings instituted before 31 December 2020. However, even under the European regime, the detailed enforcement procedure is determined by the law of the enforcing state, so it still remains essential that local advice is obtained.

The position will be different when looking to enforce judgments obtained outside of the EU and enforcement will be a matter of national law in the enforcing state. This will be the case with respect to enforcement in the United States, Russia or China. 

At Stone King, we recognise that enforcement of foreign judgments is a niche area of law. Our lawyers pride themselves on the level of service given to clients, recognising that some clients who require this assistance are likely to be located outside of the jurisdiction. As mentioned above, the team have experience working closely and co-ordinating with foreign lawyers, should this be required, to ensure a smooth transaction.