Enforcement under the Foreign Judgments (Reciprocal Enforcement) Act 1933 (the 1933 Act)
Produced in partnership with Laurence Emmett
Enforcement under the Foreign Judgments (Reciprocal Enforcement) Act 1933 (the 1933 Act)

The following Dispute Resolution guidance note Produced in partnership with Laurence Emmett provides comprehensive and up to date legal information covering:

  • Enforcement under the Foreign Judgments (Reciprocal Enforcement) Act 1933 (the 1933 Act)
  • Introduction
  • Conditions for Registration
  • Procedure for Registration
  • Evidence required
  • The Registration Order
  • Setting Aside Registration
  • The Effect of Registration

This Practice Note sets out the application of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933) for the enforcement of foreign judgments in England. It sets out the conditions for registration, the procedure for registration, the evidence required for the application, the registration order and its effect of such an order. The Practice Note also explains how to set aside registration.

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 considering which courts have jurisdiction to enforce a court judgment. For guidance, see Practice Notes: Brexit—enforcement of judgments and No deal Brexit—enforcement of judgments.

Introduction

The Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933) applies to judgments given by courts (or classes of courts) in countries that the Crown has specified by Order in Council.

FJ(RE)A 1933 has been extended to cover the courts of the following countries: Australia and its States and territories (territory of Norfolk is excluded), Canada (all provinces and territories except Quebec), Guernsey, India, Isle of Man, Jersey, Pakistan and Tonga (Commonwealth countries) and Israel and Surinam.

There are also Orders in Council in respect of the following countries: Austria, Belgium, France, Germany, Italy, Norway and The Netherlands but for most purposes they have