The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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.
When seeking to enforce a judgment of the courts of England and Wales outside of the jurisdiction the following should be considered:
the need to obtain local legal advice
whether there is a reciprocal enforcement regime (ie a formal arrangement) in place with the country where enforcement is being sought:
for guidance on the various regimes that could apply, see: Enforcement regimes below
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
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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