This Overview highlights the issues to be considered when seeking to enforce a foreign judgment in England and Wales. For an overview of the:
principles of cross-border enforcement, see: Cross-border enforcement—principles—overview
position when seeking to enforce an English judgment in another jurisdiction, see: Cross-border enforcement—enforcing E&W judgments—overview
Reference to England is to England and Wales, reference to the English courts is to the Courts of England and Wales.
For practitioners new to this area, Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners provides an insight into the enforcement of English or foreign judgments, settlement agreements and authentic instruments from the perspective of English court proceedings.
While most people will be aware that a court judgment can be used to enforce a party’s rights, as determined by the court, there are a number of different types of documents that can be used to set out a party’s enforceable rights. Each of these may be enforceable but different considerations apply depending on the type of document. They are court judgments, tribunal judgments or settlement agreements....
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
The Government Legal Department (GLD) and Cabinet Office have published an updated list of authorised government departments under section 17 of the...
Dispute Resolution analysis: In Bassey v Whittaker, Mr Justice Cavanagh held that, absent agreement between the parties, a significant development in...
The Online Procedure Rule Committee has published a draft practice direction setting out the procedures that would apply to online County Court...
Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to
Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an
Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For
Cross-border service—application for permission to serve outside England and WalesThis Practice Note provides assistance when making an application to obtain the courts’ permission to serve the claim form outside the jurisdiction of the English and Welsh courts (referred to as the English courts in
0330 161 1234