Enforcing foreign judgments—submission to jurisdiction (common law)

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Enforcing foreign judgments—submission to jurisdiction (common law)
  • What does not amount to submission before a foreign court
  • Contesting the court’s jurisdiction
  • General approach of the court
  • Submission by counterclaim
  • Voluntary submission
  • Submission by agreement
  • Jurisdiction agreement
  • Other means of submission by agreement

Enforcing foreign judgments—submission to jurisdiction (common law)

This Practice Note considers the common law position of whether a defendant in English courts proceedings for the enforcement of a foreign judgment has submitted to the jurisdiction of the foreign court. The Practice Note sets out what actions do not amount to a submission to a foreign court’s jurisdiction under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). It then considers the different bases on which a defendant may submit to a foreign court’s jurisdiction: voluntary submission, submission by entering a counterclaim or submission by agreement.

What does not amount to submission before a foreign court

Enforcement of a foreign judgment in the courts of England and Wales is subject to the provisions in CJJA 1982, s 33. This sets out certain steps which, if taken by a defendant, do not amount to submission to jurisdiction of an overseas court. It specifically provides that:

‘(1) For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following

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