Background & Entry into Force

The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019) entered into force in the UK on 1 July 2025, following its ratification in June 2024 and enabling regulations adopted across England, Wales, Scotland, and Northern Ireland . The Convention marks the first new framework facilitating judgment enforcement between the UK and other states—especially EU countries—since Brexit .

Scope & Applicability

Hague 2019 applies strictly to civil or commercial judgments issued in proceedings commenced on or after 1 July 2025. Judgments arising from proceedings started earlier, or from excluded areas—such as family law, insolvency, intellectual property, defamation, wills and succession, arbitration, and interim measures (e.g., injunctions)—do not fall within its scope.

Key Advantages

1. Streamlined Recognition & Enforcement – Eligible judgments must be recognised without re-examination of the merits, subject only to limited refusal grounds .

2. Reduced Cost and Time – A more efficient route compared to past recourse through bilateral treaties or the common law—as well as costly duplicative litigation—thus supporting cross-border trade and mobility .

3. Legal Certainty – The Convention provides users with predictable enforcement outcomes, eliminating jurisdictional uncertainty .

Jurisdictional and Refusal Criteria

To qualify under Article 5 of Hague 2019, the originating court must have had jurisdiction based on recognised nexus to the defendant (e.g., consent, habitual residence, place of business) or subject matter connection. Grounds for refusal of recognition or enforcement under Article 7 include:

• Improper service or notice of proceedings;
• Judgments obtained by fraud;
• Manifest incompatibility with public policy;
• Conflicting judgments or overlapping proceedings.

Procedure in the UK

In England and Wales, enforcement follows the familiar Hague 2005 route but under updated rules: file an application to register the judgment in the High Court, supporting it with:

• A certified copy of the judgment;
• Evidence of proper notice (particularly for default judgments);
• Documentation proving enforceability or effect in the origin state .

Once registered “without delay,” the judgment is recognised and enforceable like a domestic High Court judgment, with the successful applicant able to recover reasonable costs . The defendant cannot oppose registration, but may apply to set it aside.

Practical Implications & Next Steps

Contract drafting – There is now flexibility to include non-exclusive or asymmetric jurisdiction clauses, which can still lead to enforceable judgments under Hague 2019—unlike under Hague 2005, which only covers exclusive choice of court agreements.

Monitor expansion of contracting parties – Currently, Hague 2019 applies between the UK, EU (excluding Denmark), Ukraine, and Uruguay, with Albania, Montenegro, and Andorra joining in 2026 .

Review ongoing and past judgments – Proceedings that began before 1 July 2025 or that fall outside the Convention’s scope require reliance on older enforcement mechanisms—such as domestic recognition, bilateral treaties, or common law .

Summary

In summary, Hague 2019 introduces a modern, efficient, and predictable framework for enforcing eligible foreign civil and commercial judgments in the UK, replacing fractured post-Brexit systems. For judgments under its scope, it is the foremost enforcement route—but judicious consideration is required for others.

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