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Results: 4 Answers
Enforcement of Foreign Judgments
7.
Enforcing the foreign judgment
7.1
Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?
 
UK
Once a foreign judgment has been recognised in England (assuming that recognition is required), it can be enforced in the same way as an English judgment. In the case of enforcement under the common law, if the creditor is successful, it will have an English judgment in its favour which it can enforce. Under the Recast Brussels Regulation, no declaration of enforceability is required; so once the judgment and relevant certificate are served on the debtor, enforcement measures can begin, subject to the debtor’s right to apply for refusal of enforcement.

In England, there are various steps that can be taken to enforce a judgment, including the following:

  • obtaining a writ of control to allow an enforcement officer to take control of and sell the debtor’s goods;
  • applying for a charging order to grant the creditor a charge over land, securities or certain other property owned by the debtor;
  • applying for a third-party debt order compelling a third party (eg, a bank holding funds for the debtor) to pay the amounts due to the creditor; and
  • applying for an attachment of earnings order requiring a debtor’s employer to deduct money from the debtor’s wages and pay it directly to the creditor.
For more information about this answer please contact: Anna Pertoldi from Herbert Smith Freehills
7.2
Can the foreign judgment be enforced against third parties?
 
UK
In England, a judgment - whether domestic or foreign - cannot be enforced against a party other than the judgment debtor. However, it may be possible to apply for an order against a third party in order to assist with enforcing the judgment against the debtor. For example, it may be possible to apply for a third-party debt order to obtain payment directly from a bank which holds funds for the debtor, or an attachment of earnings order to obtain payment directly from an employer by way of a deduction from the debtor's wages.

For more information about this answer please contact: Anna Pertoldi from Herbert Smith Freehills