If you have obtained a judgment in another jurisdiction and wish to enforce it within England and Wales, our highly experienced solicitors in the Dispute Resolution team can assist you.
Registration of a foreign judgment in the UK
To enforce a foreign judgment in the UK, you will need to register that judgment. Otherwise, it cannot be enforced. To register an enforcement, it is required that the following is filed with the court:
- The judgment or a certified copy;
- A translation in English of the judgment if necessary; and
- An affidavit in support of the application.
How are foreign judgments enforced in the UK?
The regime that governs the enforcement of the judgment, is largely dependent on the jurisdiction in which the original judgment is obtained. There are four separate regimes that apply to the registration of foreign judgments, these are:
- The UK Regime – judgments obtained from Scotland or Northern Ireland;
- The European Regime – judgments obtained from the European Union and certain European Free Trade Association countries;
- The Statutory Regime – judgments obtained from most Commonwealth countries; and
- The Common Law Regime – judgments obtained from other countries that do not fall within one of the other three regimes.
If the judgment has not been obtained correctly in the originating foreign jurisdiction, it is likely that this will prevent the judgment from being registered within the jurisdiction of England and Wales. It is therefore important to first check that the judgment itself from the originating foreign jurisdiction has been obtained correctly and in accordance with the rules and requirements of the appropriate regime for registration.
In the event that the registration of the foreign judgment is completed correctly and an application by the judgment debtor is unsuccessful, you will then be at liberty to enforce the judgment debt using any of the enforcement methods available under the law of England and Wales.
How can we help?
Enforcing a foreign judgment in the UK can be a complex and time-consuming process. Our dispute resolution lawyers have a wealth of experience in registering and enforcing foreign judgments in the UK. We will be happy to help you. If you have a foreign judgment that you wish to register within the jurisdiction of England and Wales to enforce thereafter, please do not hesitate to contact us on 0203 440 8316 or email firstname.lastname@example.org.
Adam Haffenden and David Hart’s article on enforcing foreign judgements in the UK has been published in the London Business Matters magazine in November 2023. Please click here to read it.