Answer ... The grounds for challenging the recognition and enforcement of a foreign judgment are set out in question 5. Depending on which rules apply, the grounds for challenge include the following:

• The debtor was not given proper notice of the foreign proceedings;
• The foreign court did not have proper jurisdiction over the claim;
• The judgment is contrary to English public policy;
• There is a previous English judgment, or a previous foreign judgment that can be recognised and enforced in the England, between the parties in relation to the same dispute;
• The judgment was obtained by fraud;
• The judgment is for multiple damages; or
• The foreign proceedings were brought in breach of a jurisdiction agreement.

Answer ... The process and timing for challenging the recognition of a foreign judgment depend on which rules apply.

EU judgments falling within the Recast Brussels Regulation (where proceedings were commenced before 11:00pm on 31 December 2020 – see question 1.1) are automatically recognised. The judgment debtor will therefore need to make an application to the English court for an order to refuse recognition and enforcement of the judgment. That application should be made under the usual rules for applications contained in the Civil Procedure Rules, Part 23 (Civil Procedure Rule 74.7A(1)). There is no limitation period for making such an application, but the application should be made as soon as possible.

For judgments falling within the other EU/European Free Trade Association (EFTA) rules or the Hague Convention, the creditor will make a without notice application for registration of the foreign judgment and serve a registration order on the debtor. The registration order will state the debtor’s right to appeal against the registration and the period within which such an appeal can be brought. The debtor will need to commence an appeal by filing and serving an appellant’s notice within one month of service of the registration order (or two months if service is to be effected on a party not domiciled within the jurisdiction). The appeal will be subject to the usual rules on appeals contained in the Civil Procedure Rules, Part 52 (except that permission is not required to appeal or to put in evidence) (Civil Procedure Rule 74.8).

For judgments obtained in Administration of Justice Act 1920 or Foreign Judgments (Reciprocal Enforcement) Act 1933 countries, the creditor will make a without notice application for registration of the foreign judgment and serve a registration order on the debtor. The registration order will state the debtor’s right to apply to have the registration set aside and the period within which such an application can be made (Civil Procedure Rule 74.7). The application to set aside the registration should be made under the usual rules for applications contained in the Civil Procedure Rules, Part 23.

For judgments falling within the common law rules, the creditor will need to commence fresh proceedings in England to recognise and enforce the foreign judgment. The debtor will be given notice of the proceedings. If it intends to contest the proceedings, it should, within the relevant time limits, file an acknowledgement of service indicating an intention to defend and then serve a defence setting out the basis on which it claims the judgment is not enforceable in England. An appeal will be subject to the usual rules on appeals contained in the Civil Procedure Rules, Part 52. Permission to appeal will be required.

Answer ... For judgments that fall within the Recast Brussels Regulation, if the debtor makes an application to challenge the recognition and enforcement of the foreign judgment, it can also apply to the English court to:

• limit the enforcement proceedings to protective measures;
• make any enforcement conditional on the creditor providing security; or
• suspend the enforcement proceedings either wholly or in part (Article 44(1) of the Recast Brussels Regulation).

For judgments falling within the other EU/EFTA rules or the Hague Convention, or judgments obtained in 1920 act or 1933 act countries, the creditor will need to make an application for registration of the foreign judgment and then serve a registration order on the debtor. The registration order will state the debtor’s right to challenge or appeal against the registration and the time period within which such a challenge or appeal must be brought. No steps can be taken to enforce the judgment before the end of that period, except measures ordered by the English court to preserve the assets of the debtor. If the debtor challenges or appeals the registration, then no steps can be taken to enforce the judgment until that application or appeal has been determined (Civil Procedure Rule 74.9).