Fountain Court Chambers

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the most significant changes to the provisions in Regulation (EU) 1215/2012, Brussels I (recast) relating to the recognition and enforcement of judgments obtained in other EU Member States by comparison with the equivalent provisions of Regulation (EC) 44/2001, Brussels I.

This Practice Note considers the application of the Foreign Limitation Periods Act 1984 (FLPA 1984). It discusses the general rule that English law will not be automatically applicable when determining limitation periods in proceedings that have an international element, as well as looking at when and how FLPA 1984 will be applied in practice. It also considers the decision in the Iraqi Civilian litigation and explains the exceptions that might apply pursuant to FLPA 1984, such as the exemptions of public policy and undue hardship.

This Practice Note considers the provisions in Articles 32–37 of Regulation (EC) 44/2001, Brussels I dealing with recognition of judgments. It sets out the general provisions and then looks at whether an application for recognition is required. Applications for recognition are addressed, both when seeking recognition in England and Wales, as well as in another EU Member State. The Practice Note also considers in some detail the grounds on which recognition might be refused, namely judgment in default of an appearance by the defendant, irreconcilable judgments/same EU Member State, irreconcilable judgments/different EU Member State or the judgment was in breach of the rules in the regulation dealing with consumer, employment or insurance matters.

This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I (recast) dealing with the recognition of judgments. It sets out the general provisions and then looks in some detail at the grounds on which recognition might be refused followed by how to make an application requesting that the court refuses to recognise the judgment.

This Precedent is a Draft Letter of Request (where the Taking of Evidence Regulation (EC) 1206/2001 does not apply). The Precedent is taken from Annex A of Practice Direction 34 A.