Q&As

Can an order for committal (further to contempt of court) issued by a foreign court be enforced in England and Wales?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 10/02/2021

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can an order for committal (further to contempt of court) issued by a foreign court be enforced in England and Wales?

Can an order for committal (further to contempt of court) issued by a foreign court be enforced in England and Wales?

The Administration of Justice Act 1920 (AJA 1920) makes provision for the registration and thereafter enforcement within the United Kingdom of judgments obtained in a superior court of any part of the Commonwealth. The Foreign Judgments (Reciprocal Enforcement) Act 1933 extends the registration system to foreign countries generally. Procedurally, such registration and enforcement is dealt with by CPR 74.1.

Pursuant to CPR 74.2(1)(c), 'judgment' means any judgment given by a foreign court or tribunal, whatever it may be called, including an order. However, AJA 1920, s 12(1) makes clear that the expression 'judgment' for the purposes of AJA 1920 means 'any judgment or order given or made by a court in any civil proceedings, whether before or after the passing of this Act, whereby any sum of money is made payable…'. This includes a 'judgment on a judgment' (see Strategic Technologies PTE Ltd v Procurement Bureau of the Republic of China

Related documents:

Popular documents