Cross-border enforcement—enforcing foreign judgments in E&W

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This Overview sets out the principles and provides guidance to assist when seeking to enforce a foreign judgment in England and Wales. For an overview of the:

  1. •

    principles of cross-border enforcement, see: Cross-border enforcement—principles—overview

  2. •

    position when seeking to enforce an English judgment in another jurisdiction, see: Cross-border enforcement—enforcing E&W judgments—overview

What is being enforced?

While most people will be aware that a court judgment can be used to enforce a party’s rights, as determined by the court, there are a number of different types of documents that can be used to set out a party’s enforceable rights. Each of these may be enforceable but different considerations apply depending on the type of document. They are court judgments, tribunal judgments or settlement agreements. For guidance, see Practice Note: Cross-border enforcement—what are judgments, settlement agreements and authentic instruments?

Determining which regime applies to enforce foreign judgments in England and Wales

When seeking to enforce a foreign judgment in England and Wales, this may need to take place under the provisions of a formal enforcement regime, or if none are applicable, under

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