Enforcing a judgment in the UK can be a complex matter with different regimes being responsible depending on the situation of the judgment. We’ve detailed before generally the main three routes to enforce a foreign judgment in the UK, we thought following from that, that detailing the statutory regime further would be particularly interesting.

To enforce a foreign judgment in the jurisdiction of England and Wales it must be recognised by the UK courts, upon recognition the judgment becomes equivalent to a judgment originally from England and Wales, and can be enforced as such.

For signatory nations of Hague Convention on Choice of Court Agreements 2005, a simplified procedure can be used for recognition, for most other countries there are bilateral arrangements which can used, or these rely purely on common law for recognition in the UK. For some countries however their remains specific statutory paths which can be utilised.

Administration of Justice Act 1920

The first statutory path is the Administration of Justice act 1920, (“AJA 1920”), this applies to numerous countries, typically associated with the commonwealth, such as New Zealand, Nigeria and Singapore, as well as many United Kingdom Overseas Territories.

The AJA 1920 covers judgments that are final and conclusive and for a sum of money payable. This means that the judgment must be un-appealable in the domestic jurisdiction and for a sum of money. This judgment also cannot be based on a judgment derived from a different third jurisdiction’s judgment.

Beyond this, for a judgment to be enforceable under the AJA 1920, the original court must have had jurisdiction over the matter according to English and Welsh law. Most importantly the foreign court must have had jurisdiction either a territorial or consensual basis, assessed by the English and Welsh court.

Territorial jurisdiction shall be deemed if the defendant, whom the judgment is against, carried on business or, was ordinarily resident in the jurisdiction.

Consensual jurisdiction shall be deemed if the defendant agreed to the relevant jurisdiction before the commencement of proceedings, engaged in the proceedings, or was a counter claimant or the original claimant.

If the AJA 1920, is an appropriate pathway for the judgment to be enforced, then a judgment can simply be registered without notice in the UK, and without starting fresh proceedings, so long as this is within 12 months of the date of judgment. Registration is discretionary should the court consider that it would not be just and convenient to do so.

Once registered a judgment will be recognised in England and Wales and can in due course be enforced as though it were a judgment in the UK. Once an application is registered, the onus is on the defendant, who to challenge to the registration would then need to apply to the court to set the registration aside.

While a foreign judgment’s registration, cannot be challenged for error of law or fact in the underlying proceedings, there are a number of factors which the court would consider which may prevent recognition in the UK under the AJA 1920. Most importantly, any judgment must be final and conclusive and the judgment must be for a sum of money. Should these not be the case, then registration under the AJA 1920 would likely be frustrated.

These or other hurdles however be overcome, then a registration can be finalized under the AJA 1920 and the judgment becomes enforceable in England and Wales.

Foreign Judgments (Reciprocal Enforcement) Act 193

The Foreign Judgment (Reciprocal Enforcement Act 1933 (“FJA 1933”) is the other half of the statutory regime in England and Wales. Much of procedure under the AJA 1920 is mirrored by the FJA 1933 however it is distinct in a number of crucial ways.

Firstly, the FJA 1933 applies to different set of countries than that of the AJA 1920, including Australia, Canada (except Quebec), India, Israel, Pakistan, Guernsey, Jersey and the Isle of Man. Brexit raises several questions regarding EU nations and if they fall under this legislation, which unfortunately have not currently been answered.

Similar to the AJA 1920, to be enforceable under the FJA 1933, a judgment must be final, conclusive and for a sum of money payable. Further the original court must have had jurisdiction over the underlying proceedings, however these rules are different than under the AJA 1920.

Under the FJA 1933, the defendant must either be resident in the country or if a company it must have its principal place of business there or if the underlying proceedings were in respect to a transaction effected at or through a business/office in the jurisdiction. Alternatively, if the proceedings concerned land in the jurisdiction, then this would confirm the original’s court jurisdiction, likewise if the land was not within the original jurisdiction then this would be definitive in confirming the foreign court did not have jurisdiction.

Despite this consensual jurisdiction can be accepted under the FJA 1933, in the same manner as under the AJA 1920.
The FJA 1933, if applicable enables the foreign judgment to simply be registered in the UK, without notice or fresh proceedings and an application can be made within 6 years of the judgment being made. Once served with such registration, a defendant can apply to prevent the recognition of the judgment in England and Wales. But in absence of this the judgment can be enforced in England and Wales.

Conclusion

The AJA 1920 and FJA 1933, offer a simplified and swift process to enforce a judgment in the UK. These are often more advisable than the common law path which can be very costly and take far longer before enforcement is enabled. Much of the process of these regimes have evolved significantly since Brexit and whether a judgment can be enforced under them has become increasingly complex.

How we can help?

Should you be looking to enforce a judgment from a commonwealth country, or any foreign jurisdiction, our dispute resolution department has significant experience handling enforcement of foreign judgments in the UK. We would advise you on whether the AJA 1920 or FJA 1933 are the most appropriate routes, and we can assist to action the necessary steps to enforce a 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.