{"id":190060,"date":"2024-08-27T04:45:03","date_gmt":"2024-08-27T03:45:03","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=190060"},"modified":"2024-08-27T04:45:04","modified_gmt":"2024-08-27T03:45:04","slug":"enforcing-foreign-judgments","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/disputes-litigation\/enforcing-foreign-judgments\/","title":{"rendered":"Enforcing Foreign Judgments in England and Wales"},"content":{"rendered":"\n

If you are part of a commercial dispute that has reached court proceedings, the final stage will usually be the judgement issued by the court. Although legal systems are based on territorial judgments, such as in England through English law, judgments can sometimes be enforced from one jurisdiction to another due to the developments in private international law. This article will explain the legal procedures for enforcing foreign judgments in foreign courts in England. <\/p>\n\n\n\n

Why Might I Need to Enforce a Foreign Judgment?<\/h2>\n\n\n\n

It is not common to need to enforce a foreign judgment in an English court. Enforcement means taking positive action to give effect to the judgment, such as seizing debts. <\/p>\n\n\n\n

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You may need to enforce a foreign judgment in an English court if, for example, your business is a creditor to another company. For a company registered in England, you could have received a judgment in your favour against the debtor in a court in Germany. As most of the company’s assets are in England and the judgment is not yet satisfied, you will want to secure the assets in England. This means you will end up enforcing the German judgment in England.<\/p>\n<\/div>\n\n\n\n

What Type of Foreign Judgement Might I Need to Enforce?<\/h2>\n\n\n\n

It is essential to be aware of where the foreign judgment is from as this will affect the conditions you must apply when you request to enforce it. For enforcement, foreign judgments can be either:<\/p>\n\n\n\n

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  1. a judgment from a state that the UK has a bilateral treaty with or, where the state is a Commonwealth State which has a statutory regime; or<\/li>\n\n\n\n
  2. judgments from a state where the UK is not a party to a treaty with it, which is the standard law regime.<\/li>\n<\/ol>\n\n\n\n

    It is crucial to get legal advice when enforcing foreign judgments in England. Your solicitor will be able to advise you further. There is also a limitation time for enforcement, which your legal representative will be able to advise you of.<\/p>\n\n\n

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