Partners Charlie Caher and Marleen Krueger, Senior Associate Louisa Salmon and Associate Caitlin Anyon-Peters authored a Q&A on the United Kingdom-specific chapter of the Legal 500’s guide on Enforcement of Judgments in Civil and Commercial Matters in which they discuss laws and regulations applicable to the UK.
Excerpt: Can foreign judgments be enforced in your jurisdiction where there is not a convention or treaty or other arrangement, e.g. under the general law?
Depending on the foreign court which has given judgment, enforcement can be sought under national legislation and/or at common law.
The national legislation that applies will depend on the foreign court which has given judgment:
a. The Administration of Justice Act 1920 (1920 Act) applies to judgments and orders for the payment of money from “superior courts” in certain foreign states, typically where those states were formerly within the British Empire. Such states include the Cayman Islands, Bermuda, Jamaica, and New Zealand;
b. The Foreign Judgments (Reciprocal Enforcement) Act 1933 (1933 Act) applies to judgments or orders for the payment of money from “recognised courts” in Australia, Canada, India, Israel, Pakistan, Guernsey, Jersey and the Isle of Man; and Norway, Belgium, France, Germany, Italy, the Netherlands and possibly Austria after 31 December 2020.
Enforcement can also be sought at common law (even if there are other means available), except where the 1933 Act applies. Common law enforcement typically applies to judgments from the US, Spain, Russia and China. Although the foreign judgment will not be directly enforceable, it will be treated as if it gives rise to an obligation which can be enforced as a debt in fresh legal proceedings, by way of a claim or counterclaim for the amount due under it.”
