The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering enforcement of UK court judgments in the EU. For guidance, see Cross border considerations—checklist—Enforcement—Brexit specific.
This Practice Note sets out the application of the Lugano Convention 2007 (Lugano Convention) for the enforcement of foreign judgments. It sets out the general rules for enforcement and the need for a declaration, where to obtain one and how it can be challenged. The procedure for enforcement and the need for Registration Orders together with their effect are explained. Finally appealing a decision to enforce is considered. The provisions within Regulation (EC) 44/2001, Brussels I and the Lugano Convention are materially the same. In some instances authorities relating to Regulation (EC) 44/2001, Brussels I provisions have been relied on to address issues on which there is no Lugano Convention authority as the same principles are applicable.
In this Practice Note the following terms are used:
Originating Court—this is the court in the State in which proceedings were commenced and judgment given
Enforcing Court—this is the court in the State in which the judgment is to be recognised and enforced
Court of Justice—this is the Court of Justice of the European Communities
The provisions in the Lugano Convention rely on the mutual trust
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