header-logo header-logo

Foreign judgments & cross-border disputes

157349
The world of foreign judgments is moving quickly. Richard Marshall, Harriet Vidot & Kate Bridgland report on recent & upcoming changes to the enforcement regime
  • Since Brexit, most English and EU judgments are restricted to enforcement under the Hague Convention on Choice of Court Agreements 2005 and the common law rules.
  • The UK government has recently signed the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. If ratified, it is hoped the convention will give businesses and individuals a simple route to enforcing foreign judgments in England.

It has long been the case that businesses have chosen English law and jurisdiction for the resolution of cross-border disputes. The landscape for enforcing foreign judgments in England has changed dramatically over the past five years, with another key change to the enforcement regime anticipated soon.

Looking back: pre-Brexit

Before Brexit, the UK’s membership of the EU meant the recognition and enforcement of EU judgments in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll