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On 1 July 2025, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, commonly known as Hague 2019, entered into force in the United Kingdom.
Background and Significance
This marks a significant step in closing the post-Brexit gap in the recognition and enforcement of judgments between the UK and its international partners. Notably, this is the first new legal framework in this area between the UK and the EU since the UK's departure.
Since the end of the Brexit transition period, UK judgments had been subject to fragmented enforcement mechanisms across Europe, relying largely on domestic laws or bilateral arrangements. This often resulted in delays, uncertainty, and higher costs.
Hague 2019 has now introduced a streamlined, treaty-based system for the reinforced recognition and enforcement of civil and commercial judgments across contracting states, including all EU Member States (except Denmark), Ukraine, Uruguay, and now the UK.
Which Matters Are Covered—and What Is Excluded?
Hague 2019 The Convention applies across the entire UK and covers judgments from proceedings commenced on or after 1 July 2025.Itcovers a broad range of civil and commercial matters, including both monetary and non-monetary judgments (e.g., declarations).
Excluded are judgments involving:
The judgments involving the following are excluded: Family law, status/capacity of individuals, insolvency, tax or customs, administrative matters, intellectual property, antitrust, defamation, marine or carriage disputes, arbitration, and interim measures.
What Makes It Powerful?
- Wider Scope than the 2005 Choice of Court Convention (Hague 2005):
a. Hague 2005 is limited to judgments based on exclusive jurisdiction clauses. In contrast, Hague 2019 also applies to judgments for non-exclusive or asymmetric jurisdiction clauses and even those without any such clause. This greatly broadens enforceability.
- Reduced Barriers to Enforcement:
a. Judgments must be recognized without substantive review of the underlying case, barring limited, specified grounds for refusal such as fraud, lack of notification, public policy conflicts, or conflicting judgments.
Procedure for Enforcement in UK Courts
To enforce a Hague 2019 judgment, an application must be made under Civil Procedure Rule 74.3, supported by specified documents such as a certified copy of the judgment, proof of service (for default judgments), and confirmation that it is enforceable in the state of origin.
Courts must register qualified judgments "without delay"; once registered, they carry the same enforceability as a UK High Court judgment.
Practical Implications for Businesses and Litigators
1. Greater predictability and cost-efficiency for businesses operating across borders, particularly in Europe.
2. Stronger confidence in choosing UK courts as a forum for dispute resolution, with enhanced enforceability across contracting states - even for disputes outside exclusive jurisdiction clauses.
3. Ongoing growth of the Convention's geography: Albania and Montenegro will join on 1 March 2026, and Andorra on 1 June 2026; several countries including the US, Israel, Russia, Costa Rica, North Macedonia, and Kosovo have signed but not yet ratified.
Conclusion
With Hague 2019 now in effect in the UK, cross-border dispute resolution has taken a leap forward. Parties and counsel can now rely on a modern, treaty-based framework for the recognition and enforcement of judgments bridging a critical enforcement gap in the post-Brexit landscape. For litigators, it presents both an opportunity to advise on effective jurisdiction strategies and a new, streamlined path for securing enforcement of UK judgments abroad.
Note: This is a general summary of an evolving field of law, and is made available for general discussion purposes only between CANDEY and its clients and prospective clients. This memorandum does not constitute legal advice and must not be relied on as such. It should also not be cited as legal or academic authority.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
