Enforcement of judgments under Brussels I (recast)
Produced in partnership with Giles Wheeler of Fountain Court Chambers
Enforcement of judgments under Brussels I (recast)

The following Dispute Resolution practice note produced in partnership with Giles Wheeler of Fountain Court Chambers provides comprehensive and up to date legal information covering:

  • Enforcement of judgments under Brussels I (recast)
  • Application of Brussels I (recast)
  • Date proceedings commenced
  • Civil and commercial matters and exclusions
  • What is a judgment?
  • What happens where judgments conflict?
  • Example
  • Enforcement of a judgment under the regulation
  • Enforcing a judgment—documents required
  • Enforcing a judgment ordering a provisional or protective measure—documents required
  • More...

Enforcement of judgments under Brussels I (recast)

This Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales under the enforcement provisions in Regulation (EU) 1215/2012, Brussels I (recast).  Such enforcement can be sought after IP completion day (31 December 2020 at 11 pm) subject to meeting the transitional requirements in Article 67(2) of the Withdrawal Agreement.

For guidance on the transitional provisions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Recognition and enforcement of judgments.

Where the transitional provisions apply, the rules and practice direction in force immediately before implementation day (ie 31 December 2020 at 11 pm) will continue to be applied. In this Practice Note these are referred to as old Part 74 (with specific rules referenced as ‘old rule’) and old Practice Direction 74A. For guidance, see Practice Note: Brexit post implementation period—CPR changes. Copies of the old rule and practice direction are available here:

For guidance on whether judgments of the Court of Justice are binding on UK courts,  see Q&AAre UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I (recast) dealing with the enforcement of foreign judgments between EU Member States. It considers what judgments can be enforced,

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