Enforcing foreign judgments—common law principles


Produced in partnership with Laurence Emmett KC
Practice notes

Enforcing foreign judgments—common law principles


Produced in partnership with Laurence Emmett KC

Practice notes
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This Practice Note considers the recognition and Enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note sets out the conditions that need to be met and the common defences that may be raised in relation to a claim to recognise and enforce a foreign judgment. The Practice Note also considers the issue of whether security for Costs is available and whether the court should grant a stay pending further court hearings in the foreign court.

It is important to check whether a different enforcement regime applies in preference to the common law. For guidance, see: Which regime applies to enforce a foreign judgment?—checklist.

When is the common law used?

When seeking to enforce a foreign court judgment in England and Wales, it is first necessary to identify which regime applies. There are a number of different statutory regimes which apply variously to specified countries. However, where a judgment creditor wants to enforce a judgment from

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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