Q&As

Is a US interim order for seizure of product enforceable in the courts of England and Wales?

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Published on LexisPSL on 25/06/2015

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Is a US interim order for seizure of product enforceable in the courts of England and Wales?
  • Enforcement of the order
  • Would the English court provide relief?

Is a US interim order for seizure of product enforceable in the courts of England and Wales?

Original question:

Can we enforce an interim US court order for seizure of product in the courts of England and Wales?.

Enforcement of the order

The English common law rules on enforcement deal with judgments. While they in apply to US judgments, they require the US judgment to be final and conclusive ie it must definitely determine the dispute between the parties. This means that judgments for injunctive relief or interim awards that might be rescinded or varied by the US court will not be enforceable at common law. See: Q 6 in GTDT UK: Enforcement of foreign judgments—United Kingdom—Q&A guide and Practice Note: Enforcing foreign judgments—common law principles.

There is no bilateral treaty between the US and England dealing with Civil Procedure issues which  might have addressed this point specifically as between the US and England, see: Bilateral Civil Procedure Conventions. Note: this Government website is no longer updated and is the

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