Cross-border enforcement—principles

This Overview sets out the principles to consider when seeking to enforce a party’s rights in another jurisdiction. For an overview of guidance when seeking to:

  1. enforce a judgment of the courts of England and Wales in another jurisdiction, see: Cross-border enforcement—enforcing E&W judgments in another jurisdiction—overview

  2. enforce a foreign judgment in England and Wales, see: Cross-border enforcement—enforcing a foreign judgment in E&W—overview

Enforcement regimes

There are a number of different enforcement regimes and which one applies will depend in a myriad of factors such as the country in which the document being enforced was handed down in, where the judgment is to be enforced, the status of the judgment, the date on which the judgment was given. For an exploration, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners and Which regime applies to enforce a foreign judgment?—checklist.

What is being enforced?

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

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