Table of Contents
- Why Might I Need to Enforce a Foreign Judgment?
- What Type of Foreign Judgement Might I Need to Enforce?
- How Do I Enforce a Foreign Judgment in England?
- What Happens Once I Have Applied to Register a Foreign Judgment?
- How Can I Avoid Needing to Enforce a Foreign Judgment?
- Key Takeaways
- Frequently Asked Questions
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.
Why Might I Need to Enforce a Foreign Judgment?
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.
What Type of Foreign Judgement Might I Need to Enforce?
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:
- 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
- judgments from a state where the UK is not a party to a treaty with it, which is the standard law regime.
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.
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How Do I Enforce a Foreign Judgment in England?
Unfortunately, enforcing a foreign judgment in an English court is not automatic. You will have to follow the English rules of procedure.
First, you must make an application to register the judgment. This must be lodged with the High Court Of Justice in England without notice through the Master’s Secretary’s Department. To do this, you must include:
- the judgment or certified copy of it;
- a translated copy of the above where it was not given in English; and
- an affidavit supporting your application.
What Happens Once I Have Applied to Register a Foreign Judgment?
Once you have applied for your foreign judgment and met the conditions, an order will be given to register it. It can then be enforced in the same way that an English judgment would be.
However, the defendant will receive a notice that the judgment is registered, which must be personally served on them. They may wish to try to set the judgment aside. If so, they have 21 days to bring the judgement before the King’s Bench Division of the High Court.
How Can I Avoid Needing to Enforce a Foreign Judgment?
Ultimately, you should think carefully before doing business to avoid needing to enforce a foreign judgment. You can do this when you and other companies begin working together and draw up commercial contracts. You should seek legal advice on which law to apply if the business is not in your jurisdiction.
Key Takeaways
Although it is unusual, you may need to enforce a foreign judgment in a court in England. For example, if you are a creditor and a judgment was made overseas, you may want to seize the defendant’s assets in England. However, you cannot automatically enforce a foreign judgment in an English court. Instead, you need to apply to register the judgment, which you can do by lodging it with the High Court of Justice in England. Once registered, you can enforce it, although the defendant has 21 days to apply to set it aside if they wish to. Ultimately, it would help if you avoided needing to enforce a foreign judgment by planning business carefully in advance, such as through your contractual clauses.
If you need help understanding legal procedures for enforcing foreign judgments in England, our experienced disputes and litigation lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
When you enforce a foreign judgment, it will either be through the statutory regime from a Commonwealth State or a state with a bilateral treaty or through the common law regime.
You could ensure your commercial contracts state the law that applies. This would involve planning ahead when engaging in a business relationship with a foreign entity.
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