The AJA (at section 12) provides that “judgment” means any judgment or order given or made by a court in any civil proceedings, whereby any sum of money is payable. These instruments therefore do not preclude from their scope non-money judgments and interim orders, including injunctions. Similarly, the Lugano Convention (at Article 32), the Brussels Regulation (at Article 32) and the Brussels Recast Regulation (at Article 2(a)) all stipulate that “judgment” means any judgment given by a court or tribunal of a member or convention state whatever a judgment may be called, including a decree, order, decision or writ of execution as well as the determination of costs or expenses. CPR 74.2(c) provides that a foreign “judgment” in the context of enforcement in England includes a decree, an order, a decision, a writ of execution or a writ of control, and a determination of costs by an officer of the court. In English law, a judgment is considered to be any judgment given by a court or tribunal, whatever it may be called. The procedure for enforcement of such foreign judgments is set out in Part 74 of the English Civil Procedure Rules (“CPR”).Ģ.2 What constitutes a ‘judgment’ capable of recognition and enforcement in your jurisdiction? The recognition and enforcement of foreign judgments in England and Wales which fall outside the scope of the special regimes listed above are dealt with under English common law. General RegimeĢ.1 Absent any applicable special regime, what is the legal framework under which a foreign judgment would be recognised and enforced in your jurisdiction? The position for proceedings that are commenced after 1 January 2021 is set out in Chapter 1. The EU Regime has ceased to apply in the UK from 1 January 2021, though there is a run-off period for a part of the EU Regime for proceedings commenced before 31 December 2020, as indicated in the table above. * Please see Chapter 2 for further information on the EU recognition and enforcement regime. Mainly countries in the Commonwealth such as Australia, Canada (except Quebec), Guernsey, India, Isle of Man, Israel, Jersey, Pakistan, Suriname and Tonga, and EU countries with which the UK has existing bilateral treaties for the reciprocal enforcement of judgments (which pre-date Brexit), such as Austria, Belgium, France, Germany, Italy, Netherlands and Norway.Ĭountries to which none of the above specific statutes/regulations apply including Brazil, China (including Hong Kong), Russia and the USA and EU Member States where the Hague Convention or any other bilateral treaty with the UK does not apply. Other principal countries include the Republic of Cyprus, Malaysia, Malta and New Zealand.įoreign Judgments (Reciprocal Enforcement) Act 1933 (“FJA”). Many Caribbean countries/former British dominions including Bermuda, British Virgin Islands, Cayman Islands and several African nations including Ghana, Kenya, Nigeria, Tanzania, Uganda, Zambia and Zimbabwe. The UK has acceded to the Hague Convention, as an independent contracting state, effective from 1 January 2021.Īdministration of Justice Act 1920 (“AJA”). Hague Convention on Choice of Court Agreements (“Hague Convention”).Īll Member States of the EU and Mexico, Montenegro and Singapore. The Lugano Convention no longer applies to the UK from 1 January 2021, though the UK courts will continue to apply the Lugano Convention in proceedings commenced before 31 December 2020 (but it is unclear whether Iceland, Norway and Switzerland would take the same approach). Gibraltar and dependent territories of EU Member States.Ĭonvention on jurisdiction and the enforcement of judgments in civil and commercial matters signed in Lugano on 30 October 2007 (“Lugano Convention”). The Brussels Regulation no longer applies to the UK from 1 January 2021, though the UK will continue to apply it in proceedings commenced before 10 January 2015.
The Brussels Recast Regulation no longer applies to the UK from 1 January 2021, though the UK and EU will continue to apply it in proceedings commenced before 31 December 2020.ĮU Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Brussels Regulation”) applicable to judgments given in legal proceedings instituted before 10 January 2015.
1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.ĮU Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Brussels Recast Regulation”) applicable to legal proceedings instituted on or after 10 January 2015.Īll Member States of the EU (except Denmark).
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