Key Legal Insights

Cross-border business and litigation are now routine, but enforcing a foreign judgment in England and Wales remains a complex process shaped by the judgment’s origin, the nature of the dispute, and recent legal reforms. As of 2025, the landscape is evolving rapidly, with significant changes on the horizon that will affect both creditors and debtors. Here’s what you need to know.

Understanding the Enforcement Regimes

The legal mechanism for enforcing a foreign judgment in England and Wales depends on the country of origin and when proceedings began.

There are five principal regimes:

• UK Regime: For judgments from Scotland or Northern Ireland.
• European Regime: Applies to EU/EFTA judgments where proceedings started before 31 December 2020.
• Statutory Regime: Covers most Commonwealth countries and some EU/EFTA states for proceedings started after 31 December 2020.
• Common Law Regime: Applies to countries not covered by other regimes, including the US and Japan, and to EU/EFTA judgments from proceedings started after 31 December 2020, unless a statutory regime applies.
• Hague Convention Regime: For judgments from countries with an exclusive choice of court agreement, and—crucially—from 1 July 2025, for a much wider range of civil and commercial judgments under the Hague Judgments Convention.

The Hague Judgments Convention: A Game Changer for 2025

The UK’s ratification of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters marks a major shift. From 1 July 2025, the Convention applies to judgments in cases where proceedings are commenced after that date, covering most civil and commercial matters except for revenue, family, insolvency, defamation, privacy, and intellectual property disputes.

Key benefits:

• Streamlined process: A single, harmonised framework for recognition and enforcement among contracting states.
• Greater certainty: Parties can rely on judgments being enforceable across borders, reducing the need for costly and lengthy new proceedings in England and Wales.
• New procedural rules: Updates to CPR and Practice Direction will simplify the process.

The Enforcement Process: Step-by-Step

1. Determine the Applicable Regime

• Identify the country of origin, date of proceedings, and whether the Hague Convention applies.

2. Check Jurisdiction and Notice

• The English courts will scrutinise whether the foreign court had proper jurisdiction (e.g., defendant’s presence, contractual submission, or exclusive jurisdiction clause) and whether the defendant received fair notice and an opportunity to be heard.

3. Apply for Recognition

• File an application to the High Court under the relevant regime. For common law enforcement, a fresh claim is issued for a debt equal to the judgment sum. Under statutory or convention regimes, a registration process is followed.

4. Defend Against Enforcement

• The judgment debtor may oppose enforcement on grounds such as lack of jurisdiction, fraud, public policy, or that the judgment is contrary to natural justice.

5. Enforcement Methods

• Once recognised, the judgment can be enforced like a domestic English judgment—via charging orders, third-party debt orders, writs of control, or insolvency proceedings.

Recent Legal Developments and Case Law

• Court of Appeal Clarification (2025): In Servis-Terminal LLC v Valeriy Ernestovich Drelle, the Court of Appeal confirmed that an unrecognised foreign judgment cannot form the basis for a bankruptcy petition in England and Wales. Recognition by the English court is a prerequisite for enforcement and for using the judgment as a “debt” in insolvency proceedings.
• Digitalisation: The courts are moving towards digital processes for enforcement, such as online civil money claims and digital warrants of control, aiming to increase efficiency.

Practical Tips for Success

• Early Assessment: Review the foreign judgment’s enforceability under English law before starting proceedings.
• Contractual Clauses: Where possible, include exclusive English jurisdiction clauses in cross-border contracts to simplify future enforcement.
• Documentation: Ensure all procedural requirements (service, notice, jurisdiction) are meticulously documented to avoid challenges.
• Legal Advice: Engage specialist counsel familiar with the latest regimes and procedural updates.

Looking Ahead

With the Hague Judgments Convention having come into force on 1 July 2025, parties can hopefully expect a more predictable and efficient framework for enforcing foreign judgments in England and Wales, particularly for civil and commercial matters involving contracting states. However, careful attention to the applicable regime, procedural requirements, and recent case law remains essential for successful enforcement.