Cross-border enforcement—principles

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This Overview sets out the principles to consider when seeking to enforce a parties rights in another jurisdiction. For an overview of guidance when seeking to:

  1. •

    enforce a judgment of the court of England and Wales in another jurisdiction, see: Cross-border enforcement—enforcing E&W judgments in another jurisdiction—overview

  2. •

    enforce a foreign judgment in England and Wales, see: Cross-border enforcement—enforcing a foreign judgment in E&W—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?

Default judgments

Default judgments can be recognised and enforced in the same way as any other form of judgment. However, it is important to be aware that there are specific considerations that will need to be taken

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