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

Copyright © 2024 LexisNexis

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Dispute Resolution News

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

The Civil Justice Council (CJC) has concluded its extensive review of pre-action protocols (PAPs) with the publication of its phase two report. The first phase of the final report, published in August 2023, examined the role of PAPs in the civil justice system and explored the potential for digitalising pre-action processes. The second phase was published in November 2024. In the second (and final) phase report the CJC has set out its recommendations for the reform of various existing PAPs, including those for Personal Injury, Housing, Judicial Review, Debt, Construction and Engineering, Professional Negligence and Media and Communications. The report also recommends the creation of two new PAPs, one for dealing with child abuse and one for Multi-Track Claims in the Business and Property Courts of England and Wales (with a draft included at Appendix 1).

175th Practice Direction update—in force 20 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 175th Practice Direction (PD) update to the Civil Procedure Rules (CPR). The amendments come into force on 20 November 2024.  The 175th PD update contains amendments to the online Damages Claims Pilot under CPR PD 51ZB (the DCP), in order to correct a misalignment between the rules in CPR PD 51ZB and the operation of the DCP digital service, concerning the automatic dismissal of claims. CPR PD 51ZB is updated to state so that within four months of the date of issue of the claim, the claimant must not only notify the defendant of the claim and the claim details, but also notify the DCP that they have taken these steps to avoid automatic dismissal of the claim.

Dispute Resolution weekly highlights—21 November 2024

This week's edition of Dispute Resolution weekly highlights includes: the Ministry of Justice’s annual report and accounts for the financial year 2023–2024 and the Supreme Court decision in Secretary of State for the Department for Environment, Food and Rural Affairs and others v Public and Commercial Services Union (Contracts (Rights of Third Parties) Act 1999); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

176th Practice Direction update—in force 19 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 176th Practice Direction (PD) Update to the Civil Procedure Rules (CPR). The amendments come into force on 19 November 2024. The 176th PD update provides an extension of the operative period of CPR PD 51ZC (Small Claims Paper Determination Pilot) until 31 October 2025 for the purposes of completing the evaluation exercise of the pilot.

View Dispute Resolution by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Applicable law—common law (contract)

Applicable law—common law (contract)This Practice Note sets out when the common law of England and Wales applies to determine the applicable law in respect of contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or to challenge the jurisdiction of the courts of England and Wales. Key elements are

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions, a form of injunction used to restrain a party from either commencing or continuing proceedings in a foreign court. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction.

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For
Applicable law—common law (contract)

Applicable law—common law (contract)

Applicable law—common law (contract)This Practice Note sets out when the common law of England and Wales applies to determine the applicable law in respect of contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or to challenge the jurisdiction of the courts of England and Wales. Key elements are

Anti-suit injunctions—principles

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions, a form of injunction used to restrain a party from either commencing or continuing proceedings in a foreign court. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction.

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For