Introduction

The enforcement of foreign judgments in the UK is becoming increasingly common due to global trade and cross-border litigation. However, not all foreign judgments are automatically enforceable, and defendants have legal grounds to challenge enforcement under UK law.

This article provides a comprehensive guide on how to successfully defend against the enforcement of a foreign judgment in the UK, covering key legal principles, valid objections, and strategic defence tactics.

Can a Foreign Judgment Be Enforced in the UK?

Foreign judgments can be enforced in the UK under:

1. Common Law Principles (for judgments outside of the UK’s treaty network).

2. Statutory Regimes such as:

• The Administration of Justice Act 1920 (for Commonwealth countries).
• The Foreign Judgments (Reciprocal Enforcement) Act 1933 (for select countries with reciprocal agreements).
• The Hague Convention on Choice of Court Agreements (2015) (for certain contractual disputes).

For EU judgments, the enforcement process has changed post-Brexit, with enforcement now falling under common law and the Hague Convention rather than the previous Brussels Recast Regulation.

Legal Grounds to Challenge the Enforcement of a Foreign Judgment in the UK

1. Lack of Jurisdiction

A defendant can object if the foreign court lacked proper jurisdiction over them. UK courts will assess:

• Whether the defendant was properly served in the foreign proceedings.
• If the foreign court had no reasonable connection to the case.
• Whether the defendant had a contractual agreement to litigate in another jurisdiction.

2. Judgment Obtained by Fraud

If the foreign judgment was obtained through fraud, UK courts will refuse enforcement. This applies if:

• The claimant misrepresented evidence in the foreign proceedings.
• There was witness tampering or procedural fraud.
• New evidence emerges proving fraud after the judgment was issued.

3. Breach of Natural Justice

The UK courts will not enforce a foreign judgment if the defendant was denied a fair trial, including:

• Lack of proper notice of the proceedings.
• Inability to present a defence due to procedural unfairness.
• Bias or corruption in the foreign court system.

4. The Judgment Contravenes UK Public Policy

A foreign judgment will be rejected if it violates UK public policy, such as:

• Punitive damages or excessive compensation.
• Judgments enforcing foreign tax penalties (UK courts do not enforce foreign revenue laws).
• Violations of human rights principles under UK law.

5. The Judgement Is Not Final and Conclusive

A foreign judgment must be final and binding before UK courts will enforce it. Defendants can challenge enforcement if:

The judgment is under appeal in the foreign jurisdiction.

It is an interim order rather than a final ruling.

6. The Judgment Is Inconsistent with a UK or Prior Foreign Judgement

If the foreign judgment conflicts with a prior UK court decision or another recognised foreign judgment, it may be unenforceable.

Key Strategies to Successfully Defend Against Foreign Judgment Enforcement in the UK

1. Act Quickly and Seek Legal Advice

Time limits apply when defending enforcement proceedings. Defendants should:

• Engage UK litigation experts to assess the enforceability of the judgment.
• File objections promptly to prevent enforcement orders from being granted.

2. Challenge Jurisdiction and Due Process

If the foreign court lacked jurisdiction or failed to provide a fair trial, defendants should:

• Present evidence of procedural defects.

Argue forum non conveniens, demonstrating why the foreign court was inappropriate

3. Provide Evidence of Fraud or Public Policy Breaches

UK courts take fraud and public policy violations seriously. Defendants should:

• Submit documentary proof of fraud.
• Highlight any human rights concerns or excessive penalties.

4. Oppose Recognition on the Grounds of Reciprocity

Some foreign countries do not recognise UK judgments, which may serve as a basis to challenge enforcement under the Foreign Judgments (Reciprocal Enforcement) Act 1933.

Conclusion

Successfully defending the enforcement of a foreign judgment in the UK requires a strategic approach based on jurisdictional objections, fraud allegations, procedural fairness, and public policy concerns. By acting swiftly, engaging expert UK litigation lawyers, and presenting strong legal arguments, defendants can significantly improve their chances of preventing enforcement.

How we can help

For expert legal assistance on challenging a foreign judgment in the UK contact us for a free, no obligation initial discussion on 020 3440 8000 or email adam.haffenden@tvedwards.com

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.