Cross border enforcement of default judgments
Cross border enforcement of default judgments

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Cross border enforcement of default judgments
  • Potential difficulty enforcing a default judgment
  • Service of the originating document
  • Service of the default judgment
  • Court considerations
  • Non recognition of a default judgment—insufficient time for defence or a failure to challenge
  • Does the public policy exception cover limitation periods?
  • Setting aside

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when determining how to enforcement judgments. For an insight into the impact of Brexit, see Practice Notes: Brexit—service of documents, No deal Brexit—service of documents, Brexit—enforcement of judgments and No deal Brexit—enforcement of judgments.

Changes to the CPR have been set out in the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 and will come into force on exit day. Of particular relevance will be the changes dealing with service (Part 6) and enforcement (Part 74). For information about the changes, including any related practice direction changes set out in the 107th practice direction update, see Practice Note: Brexit—CPR changes.

Potential difficulty enforcing a default judgment

When dealing with proceedings in which the defendant is overseas, it is important to consider whether seeking a default judgment is the most appropriate way forward. Enforcement of a default judgment can be extremely difficult when dealing with international cases because there is no determination on the facts—the default judgment is obtained without any judicial examination of the merits of the claimant’s claim.

If considering seeking a default judgment, strategic considerations apply in relation to whether to seek a default judgment or progress