Enforcing judgments of the courts of England and Wales outside of the jurisdiction—principles
Published by a LexisPSL Dispute Resolution expert

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

  • Enforcing judgments of the courts of England and Wales outside of the jurisdiction—principles
  • General considerations
  • Enforcement regimes
  • Standing International Forum of Commercial Courts—Multilateral Memorandum on Enforcement of Commercial Judgments for Money
  • What is a judgment—relevant terminology

Enforcing judgments of the courts of England and Wales outside of the jurisdiction—principles

This Practice Note considers relevant factors when seeking to enforce a judgment of the courts of England and Wales outside of the jurisdiction (including in Scotland and Northern Ireland). The various enforcement regimes that may apply to a given jurisdiction are set out and the differences in the definition of ‘judgment’ for the purposes of those regimes is discussed.

General considerations

When seeking to enforce a judgment of the courts of England and Wales outside of the jurisdiction the following should be considered:

  1. the need to obtain local legal advice

  2. whether there is a reciprocal enforcement regime (ie a formal arrangement) in place with the country where enforcement is being sought:

    1. for guidance on the various regimes that could apply, see: Enforcement regimes below

    2. it is important to note that different regimes may use different terminology in relation to what is meant by a ‘judgment’ for the purposes of enforcement under a given regime—for guidance, see: What is a judgment? below

    3. practitioners considering the enforcement of judgments/orders of the courts of England and Wales in another jurisdiction should consider the enforcement procedure in that other jurisdiction before any enforcement order is sought/made. This will ensure that the enforcement process can be undertaken without having to return to the courts of England and Wales for

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