Enforcing judgments of the courts of England and Wales overseas

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

  • Enforcing judgments of the courts of England and Wales overseas
  • Brexit—definitions
  • Brexit—implications of the UK’s departure from the EU—enforcement
  • Impact of IP completion day—summary
  • Guidance
  • Which version of CPR 74 and CPR PD 74A is relevant?
  • Procedure for enforcement—documents required
  • Procedure for enforcing a judgment out of the jurisdiction—enforcement regimes addressed in CPR 74 and CPR PD 74A
  • Application for a certified copy of the judgment—general
  • Impact of Brexit
  • More...

Enforcing judgments of the courts of England and Wales overseas

This Practice Note considers the relevant procedural rules in the courts of England and Wales that will need to be followed when seeking to enforce a judgment of those courts overseas. These procedural rules are found in CPR 74 and CPR PD 74A. The process to apply for the relevant documents required to enforce the judgment is explained as are the documents required ie a certified copy of the judgment and any prescribed certificate. Also discussed is the evidence required in support of such an application.

For detailed guidance on enforcing a judgment of the courts of England and Wales within the UK ie in Scotland or Northern Ireland, see Practice Note: Enforcing judgments of the courts of England and Wales in Scotland or Northern Ireland.

When considering the enforcement of judgments of the courts of England and Wales in EU Member States or Iceland, Norway and Switzerland (relevant EFTA Member States) it is important to be aware that the process was significantly impacted by the UK leaving the EU in 2020 (Brexit). Detailed discussion is provided in this Practice Note both in terms of providing an understanding of the terminology used when discussing the implications of Brexit as well as the impact it has had:

  1. Brexit—definitions below

  2. Brexit—implications of the UK’s departure from the EU—enforcement below

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