Enforcement of Foreign Judgments

Our lawyers specialise in litigation. We will guide you through any stage in your litigation process. Whether you are a litigant in person seeking legal advice or you have instructed solicitors and are seeking a second opinion on strategy.

You can view our latest 2025 Guide to UK judgment enforcement here: https://lexlaw.co.uk/enforcing-judgment-orders-in-england-wales-2025-guide/ but remember the information published on this website is: (a) for reference purposes only; (b) does not create a contractual relationship; (c) does not constitute legal advice and should not be relied upon as such; and (d) is not a complete or authoritative statement of the law. Specific legal advice about your circumstances should always be sought.

Recognition and Enforcement of foreign judgments in the UK

The rules with respect to the enforcement of judgments from courts in EU member states and EFTA states given in proceedings instituted after 31 December 2020 were profoundly changed by Brexit, the UK’s withdrawal from the EU.

Prior to Brexit, the European enforcement regime facilitated a relatively straightforward process based on regulations such as the Recast Brussels Regulation and the 2001 Brussels Regulation. However, the UK’s exit necessitates relying on alternative mechanisms, as the European regime no longer applies to judgments from EU and EFTA states in proceedings instituted after this date.

There are now five primary regimes for enforcing foreign judgments in England and Wales, depending on the origin of the judgment and the date proceedings began.

The enforcement of judgments from EU member states in proceedings instituted after December 31, 2020 is determined by:

• The Hague Convention (where applicable)
• The Statutory Regime
• The Common Law Regime in default of the two above

It’s important to note that the Statutory Regime and the Common Law Regime are less generous than the European regime and offer fewer grounds for enforcement. For example, a much narrower class of judgments is enforceable under the Statutory Regime compared to the European Regime. Also, enforcement under Common Law requires the judgment creditor to commence fresh proceedings to enforce the foreign judgment as a debt, which involves more steps and expense. Finally, the grounds on which enforcement can be resisted under the Statutory Regime and Common Law are wider than under the European Regime.

The 5 UK Regimes for Enforcement of Foreign Judgments

There are five general regimes for the enforcement of foreign judgments in England and Wales, depending on where the judgment originates from and the date the proceedings were instituted:

• The UK regime: judgments from Scotland or Northern Ireland.

• The European regime: judgments from EU and certain EFTA countries given in proceedings instituted before 31 December 2020. However, this regime does not apply to judgments given in proceedings instituted after that date.

Judgments from EU member states in proceedings instituted after 31 December 2020 are now subject to one of the following regimes:

• The Statutory regime: Judgments from most commonwealth countries, and possibly from some EU or EFTA states given in proceedings instituted after 31 December 2020.
• The Common Law regime: judgments from other countries such as the USA, and judgments from EU and EFTA countries given in proceedings instituted after 31 December 2020 (unless they are subject to the statutory regime).
• The Hague Convention on Choice of Court Agreements: until 31 December 2020, the Hague Convention generally applied to the enforcement of judgments from Mexico, Singapore and Montenegro in the UK where Mexico, Singapore or Montenegro (as the case may be) was designated in an exclusive choice of court agreement. After that date, the Hague Convention generally applies to the enforcement in England of such judgments from EU member states as well.

What does recognition of a foreign judgment mean?

Recognition of a foreign judgment in England and Wales means accepting it as having legal effect within the jurisdiction. This doesn’t mean the judgment is automatically enforceable, but it’s a prerequisite for enforcement. The same legal principles generally determine whether a judgment will be enforced or recognised. However, no special procedure is normally required to get a judgment recognised, as opposed to enforced.

Think of it like this:

• Recognition is like acknowledging the existence and validity of the judgment. For example, if a party wants to rely on a foreign judgment as res judicata to prevent a party from re-litigating a claim or defense already decided in a foreign court, the foreign judgment only needs to be recognised.
• Enforcement goes a step further and allows the judgment creditor to take practical steps to collect on the debt. This could include seizing assets or garnishing wages. To enforce a foreign judgment in England and Wales, the judgment creditor may need to register the judgment or initiate fresh legal proceedings, depending on the applicable regime.

Essentially, recognition is the first step towards giving a foreign judgment legal effect in England and Wales. Without recognition, enforcement is impossible.

What does enforcement of a foreign judgment mean?

Enforcement of a foreign judgment in England and Wales means taking concrete action to compel a debtor to satisfy the terms of the judgment. While recognition acknowledges a judgment’s legal validity, enforcement empowers the judgment creditor to translate that legal victory into tangible financial recovery. This requires going beyond merely recognising the judgment and taking positive steps to recover the awarded sum. Enforcing a foreign judgment involves utilizing the legal system to ensure that the debtor complies with the court order, typically involving the payment of a sum of money.

This may involve various methods, including:

• Seizing and selling the debtor’s assets.
• Freezing funds in bank accounts.
• Deducting a portion of the debtor’s earnings.

The specific enforcement methods available depend on factors like:

• The type of judgment (for example, a County Court Judgment or a High Court Judgment).
• The debtor’s financial situation and assets.
• The applicable legal regime for foreign judgments.

The English legal system provides a variety of tools to compel debtors to fulfill their obligations. It’s essential to understand that obtaining a judgment does not guarantee the debtor’s compliance. Therefore, understanding enforcement is crucial for creditors seeking to recover what they are rightfully owed.

It’s also important to understand that enforcing foreign judgments can be complex, and it’s highly recommended to seek legal advice from specialists in this area. Enforcement procedures vary depending on the applicable regime for the foreign judgment.

What is the limitation period for enforcement of a foreign judgment?

It’s important to distinguish between a limitation period for taking a particular step, such as applying to register a judgment, and a limitation period that prevents taking any steps at all to enforce a judgment. There is no limitation period which prevents a judgment creditor from taking any steps to enforce a foreign judgment. However, delaying enforcement may have certain consequences, such as limiting the amount of interest that can be recovered.

Here’s a breakdown of how limitation periods work in the context of enforcing foreign judgments:

• No Statutory Bar on Enforcement: There’s no statutory limitation period within which a party must enforce a judgment debt. Enforcement proceedings fall within existing proceedings and are not subject to a limitation period. This means a judgment can potentially remain enforceable indefinitely.
• Six-Year Limitation on Bringing a Fresh Action: The Limitation Act 1980 states that a fresh action to enforce a judgment cannot be brought after six years from the date the judgment became enforceable. This applies when the judgment creditor is initiating a new legal action to enforce the debt, rather than continuing enforcement proceedings within the original case.
• Permission Needed for Writs/Warrants after Six Years: While there’s no overall time limit for enforcement, CPR 83.2 requires court permission to issue writs and warrants of control, writs of execution, and warrants of delivery and possession if more than six years have passed since the judgment. Although no equivalent provision exists for other enforcement methods like charging orders or third-party debt orders, the court might consider the delay when deciding whether to grant such orders.
• Impact on Interest: Delay can impact the amount of interest recoverable. In Lowsley v Forbes, the court held that interest recovery was limited to six years when enforcement occurred after six years had passed since the judgment. However, interest continues accruing on the sum secured by a charge until the principal is repaid. For instance, in Ezekiel v Orakpo, this principle was upheld, allowing for the recovery of interest accrued since the charging order, even if the initial judgment debt’s interest was limited.
• Administration of Justice Act 1920 (AJA): This Act stipulates a 12-month time frame for applying to register a judgment from a superior court in a reciprocating country. The court, however, may grant an extension if there are valid reasons for the delay. For example, if the applicant delayed enforcement due to the respondent’s assurances of payment, the court might allow registration outside the 12-month period.
• Foreign Judgments (Reciprocal Enforcement) Act 1933: Under this Act, the time limit for applying to register the judgment is six years from the date of the foreign judgment.
• Common Law Treatment: At common law, a foreign judgment is considered to create a contract debt, subject to the six-year limitation period for contractual claims. However, this doesn’t mean the judgment is unenforceable after six years. It simply means the judgment creditor might need to initiate a new action to enforce the debt, potentially impacting the recoverable interest.

While no absolute deadline prevents enforcement actions, promptly enforcing foreign judgments is generally advisable. Delay can result in limitations on interest recovery, asset dissipation, and procedural hurdles.

Does a foreign judgment have to be for specified sum to be enforceable?

To be enforceable in England and Wales, a foreign judgment must be for a definite sum, meaning the damages or costs awarded must have been assessed and quantified. This means that the judgment must specify a fixed amount of money that the judgment debtor is obligated to pay. Vague or undefined financial obligations are generally not enforceable until a definite sum is determined.

In addition to being for a definite sum, a foreign judgment must also be:

• Final and Conclusive: The judgment must be a final decision on the merits by the foreign court, even though it might be subject to appeal. A judgment that is still pending appeal or subject to further legal proceedings in the foreign jurisdiction is generally not considered final and conclusive.

The rationale behind these requirements is to ensure that the English courts are enforcing a clear and unambiguous financial obligation that has been definitively determined by a competent foreign court. This promotes legal certainty and avoids potential conflicts with ongoing legal proceedings in other jurisdictions.

How to enforce judgments from Scotland or Northern Ireland

Enforcement of judgments from Scotland or Northern Ireland in England and Wales falls under the “UK regime” for enforcing judgments within the United Kingdom. The procedure for enforcing judgments from Scotland or Northern Ireland is set out in sections 18, 19 and Schedules 6 and 7 to the Civil Jurisdiction and Judgments Act 1982, CPR 74.14 to CPR 74.18, and PD 74A.  The relevant procedural rules are found in CPR 74.14 to CPR 74.18, and PD 74A.

Here’s a breakdown of the steps involved in enforcing a judgment from Scotland or Northern Ireland:

1. Obtaining the Necessary Certificate:

• The judgment creditor must first obtain a certificate from the originating court in Scotland or Northern Ireland. This certificate contains specific details of the judgment and confirms its enforceability.
• For non-money judgments, a certified copy of the judgment is required instead of a certificate.
• The certificate will only be issued if:
  • The time for appealing the judgment has expired, or any appeals have been resolved.
  • Enforcement of the judgment is not stayed or suspended, and the time allowed for enforcement hasn’t expired.

2. Applying for Registration in the High Court:

• The judgment creditor must apply to the High Court in England and Wales to register the judgment.
• This application must be made within six months of the certificate’s issuance date.
• The application process differs slightly depending on the type of judgment:
  • For money judgments, the application is made to the “proper officer” of the High Court.
  • For non-money judgments, the application is made directly to the court, without prior notice to the debtor.
• However, both types of applications can be heard by a Master.
• Once registered, the judgment will have the same force and effect as a judgment obtained in England and Wales.

3. Serving the Registration Order (for Non-Money Judgments):

• Specifically for non-money judgments, after the court grants permission to register, the judgment creditor must draw up a formal order reflecting this permission.
• This registration order must then be served on the judgment debtor.

4. Potential Challenge by the Debtor:

• The judgment debtor can apply to set aside the registration of the judgment.
• However, this can only be done if the requirements of Schedules 6 or 7 of the CJJA 1982 were not met during the registration process, such as the requirement for the prescribed certificate.
• Another ground for setting aside registration is that the matter was previously adjudicated by a court with proper jurisdiction. This ground is discretionary, meaning the court can decide whether or not to set aside the registration.
• Importantly, the judgment cannot be refused recognition based on arguments that the original court lacked jurisdiction according to private international law rules in England and Wales.

Enforcing judgments from Scotland and Northern Ireland within the UK follows a relatively straightforward process. However, it’s crucial to carefully follow the prescribed steps and timelines to ensure successful enforcement.

Instructing our Litigation Lawyers

​We​ ensure that we provide the best possible outcome for our clients by conducting in depth investigation and research into the realistic prospects of a case before selecting the appropriate course of action in order to reduce time and expense. Liability for costs is always an issue in litigation and based on our extensive litigation experience we provide our clients with as much strategic, practical as well as carefully considered legal advice in order to ensure minimum risk in respect of costs. Where appropriate we encourage the use of alternative dispute resolution (such as mediation and without prejudice negotiation) and our lawyer’s negotiation skills are first class. If early settlement at advantageous terms is not possible, we are extremely experienced and capable at navigating our clients through the litigation process.