UK Enforcement of Foreign Judgments Comparative Guide

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Enforcement of Foreign Judgments

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Appeals

6.1

Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?

Herbert Smith Freehills

Answer ... The process for challenging a decision on the recognition and enforcement of a foreign judgment is explained in question 4.2.

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

6.2

Can the applicant seek injunctive relief while the appeal is pending?

Herbert Smith Freehills

Answer ... In principle, the creditor can apply for a freezing injunction while the appeal is pending - for example, if it becomes aware at this stage of steps being taken to dissipate assets. However, in practice, the creditor is likely to have applied for a freezing injunction at an earlier stage before the debtor is given notice of the proceedings to recognise and enforce the judgment. If the creditor has delayed in seeking an injunction, the court will take this into account in deciding whether to grant the injunction.

See question 3.7 for further details.

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

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Enforcement of Foreign Judgments