Q&As

Subject to post-Brexit potential changes in enforcing foreign judgments, is it possible to state with certainty that: A) an EU judgment will be enforced against an English company in English courts B) an EU debenture affecting an English company would be enforceable in English courts.

read titleRead full title
Published on LexisPSL on 29/08/2017

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

  • Subject to post-Brexit potential changes in enforcing foreign judgments, is it possible to state with certainty that: A) an EU judgment will be enforced against an English company in English courts B) an EU debenture affecting an English company would be enforceable in English courts.
  • EU judgment
  • Current position
  • Post-Brexit
  • The enforcement of a debenture
  • Preliminary assumptions
  • What creditor rights does the document create
  • Is English type security created by the document
  • Assets in the UK
  • Remedies available over assets in UK
  • More...

EU judgment

In this Q&A we have limited our research to cover the current position under English law; we have not considered the possible position after the UK has left the EU.

Current position

The rules on jurisdiction and the enforcement of judgments within the EU (including the UK) are currently set out in Regulation (EU) No 1215/2012 (Brussels I Recast) of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast). Brussels I Recast applies only to claims commenced after 10 January 2015 (see art 81). In relation to claims commenced prior to that date, the rules set out in Brussels I continue to apply. The usual position under Brussels I Recast, is that a judgment which falls within the scope of Brussels I (recast) will automatically be enforceable in other EU Member States (art 39). There is no requirement to obtain a declaration of enforceability as there was in the original version of the regulation. For further information, see Practice Note: Recognition of judgments under Brussels I (recast).

Except insofar as the procedure for the application is governed by Brussels I (recast), it is governed by the national law of the state in which the application is brought (art 47(2)). When enforcing a foreign judgment in England the

Related documents:

Popular documents