Recognition and Enforcement of Foreign Judgments in the UK
Anyone seeking to register a foreign judgment in an English Court will be faced with a number of alternative procedures with each presenting its own complications.
However, once a foreign judgment has been registered, or an English judgment obtained based on such judgment, enforcement may normally be achieved in the same manner that would be applicable for normal enforcement of a judgment obtained from the outset through an English Court.
The procedures available require consideration of differing rules and requirements and there may be more than one route open for consideration. The appropriate course to follow may vary according to a number of factors such as any jurisdiction provisions contained in any contractual documents between the parties and the jurisdiction in which the judgment was obtained.
Brexit has added its own complications to an already complicated situation.
Stuart Southall of KANGS provides a general insight into the enforcement of foreign judgments in the UK.
Obtaining Recognition
Hague Convention on Choice of Court Agreements.
The Hague Convention includes all EU states together with Singapore, Montenegro and Mexico whilst the US, China, Ukraine and North Macedonia have all signed, but not yet ratified. The Convention continues to have effect in England and Wales but a foreign judgment must still be enforceable in the jurisdiction in which it was obtained.
In order to seek recognition of a judgment, application has to be made to the High Court together with:
- an authenticated copy of the judgment,
- a certified English translation,
- details of the names and addresses of the parties,
- the grounds on which the judgment can be enforced,
- for a money judgment, the amount due and owing, including interest.
The court will issue a Registration Order following a successful application which will then be served on the respondent who will then have the right to appeal.
Statutory Provisions
Administration of Justice Act 1920
This Act allows registration and enforcement of money judgments obtained in a number of foreign countries including New Zealand, Cyprus, Malta, Cayman Islands, Zimbabwe and Nigeria.
Registration is likely to be refused where the judgment:
- is more than twelve months old, although there may be grounds for extension,
- has been obtained by fraud,
- is contrary to public policy,
- debtor was not engaged in business or normally resident in the relevant country,
However, detailed provisions cover situations where the debtor has not chosen to participate in the proceedings. If the debtor agreed to the jurisdiction before proceedings, appeared voluntarily at them or was the claimant/counterclaimant, that would suffice to confirm that the originating court had jurisdiction.
Foreign Judgments (Reciprocal Enforcement) Act 1933
This Act applies, for example, to Australia, Canada, Pakistan, Norway and Israel where mutual enforcement treaties are in operation and, whilst similar to the Act of 1920, registration is not subject to an overriding discretion.
Procedure
Application to the High Court must be accompanied by:
- an authenticated copy of the judgment,
- a certified translation of the judgment,
- a statement confirming the accuracy of the translation,
- a witness statement confirming that the details of the judgment are compliant with Civil Procedure Rules.
Once granted, the Registration Order must be served on the debtor who is entitled to oppose the Order and seek to set it aside.
Common Law
Although common law does not provide for the immediate enforcement of a foreign judgment, it will, subject to conditions, consider the judgment as a proven debt upon which an English judgment will be given in fresh legal proceedings.
Whilst the procedure may be more involved and expensive than the other regimes, it provides a remedy where there is no other and enables foreign judgments to be enforced in the UK obtained in foreign countries such as US, Russia and China.
The judgment must, amongst other requirements:
- be final and conclusive,
- be for a sum of money, not comprising taxes, fines or any form of penalty,
- have been decided on the merits by establishing proven facts and the relevant principles of law,
- satisfy jurisdiction requirements.
Enforcement of Judgment
Once a judgment has been recognised, it still needs to be enforced to secure the recovery of the sums owed and this can be achieved by adopting the same procedures available as a wholly domestic judgment including:
- third party debt order,
- charging order,
- writ of control,
- insolvency proceedings.
How Can We Help?
As outlined above, enforcing a foreign judgment in the UK involves considering and deciding the appropriate path to follow, and navigating the complex, legal processes, to secure both recognition and enforcement.
Each foreign judgment will require discrete attention dependent upon numerous aspects of its nature and the country from which it emanated.
The team at KANGS is highly experienced in the intricacies of the recognition and enforcement procedure.
If we can be of assistance, please do not hesitate to contact our team using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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