Globalisation and cross-border transactions have led to an increase in litigation involving parties from different jurisdictions. When a party obtains a judgment in a foreign court, enforcing that judgment in England and Wales can be crucial for obtaining the desired relief. This article discusses the legal mechanisms and procedural steps for enforcing foreign judgments in England and Wales, focusing on the Common Law Regime.
Legal Framework for Enforcement
The enforcement of a foreign judgment in England and Wales is largely governed by a combination of statutory provisions, international treaties, and common law principles.
Depending on where the judgment originates from and the date the proceedings were initiated, it will be necessary to determine which framework governs the enforcement of the foreign judgment. Specifically, there are five general regimes which govern the enforcement of the foreign judgment: –
- The UK regime
- The European regime
- The statutory regime
- The common law regime
- The Hague Convention on Choice of Court Agreements
Common Law Regime
In the absence of any applicable statutory regimes or treaties, the common law regime is the default for judgments obtained in countries such as the USA, Russia, or Hong Kong (SAR).
Unlike other regimes, which provide for the recognition and enforcement of a foreign judgment, the common law regime requires that a fresh action be brought in England and Wales. As long as certain conditions are met, a foreign judgment will be treated as creating a debt due from the judgment debtor to the judgment creditor, with the English Court giving an English judgment on that debt.
To be enforceable under the common law regime, the following conditions must be met:
- The foreign court must have had jurisdiction to give the judgment.
- The judgment must be final and conclusive.
- The judgment must be for a definite sum of money.
- The judgment must have been determined on the merits.
Enforcing a foreign judgment in England and Wales is often the final step in securing the relief or remedy granted by the foreign court. Understanding the procedural steps, potential defences, and practical considerations is essential for the successful enforcement of a foreign judgment in England and Wales.
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.
