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

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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