Enforcement of an English judgment overseas

You have won your litigation in the English courts and secured a judgment against the losing party. But what if the losing party fails to comply? Your English court judgment is of little commercial value unless you are able to enforce it. 

This guide explains the procedures for enforcing an English judgment in various jurisdictions, including Scotland and overseas.

In respect of EU and EFTA states, this guide explains the enforcement procedures that apply to English court judgments in proceedings commenced after 31 December 2020. It does not cover enforcement under the Recast Brussels Regulation¹ or Lugano Convention².

Enforcement is not automatic

A court will not automatically enforce your judgment. As the judgment creditor, you must take steps to recover what you are entitled to. This becomes more complicated when the losing party (the judgment debtor) or their assets are located outside England and Wales.

The enforcement process

Before you can enforce your English judgment overseas, it must be recognised by the country where you intend to enforce it (the enforcement state). The English courts have reciprocal recognition and enforcement regimes with numerous countries. The applicable arrangement depends on several factors, including: 

• The country where you intend to enforce the judgment.
• The date the proceedings started.
• Whether the dispute is subject to a contractual jurisdiction clause, the nature of such a clause and the date it was entered into.
• The nature of the dispute.

Once you have ascertained which regime applies, you must apply to the overseas court to register your judgment in accordance with the requirements of the applicable enforcement regime. Once the judgment is registered, it will have the same effect (for the purposes of enforcement) as if it had been made by the overseas court. You will then be able to take advantage of the methods of enforcement available in the enforcement state. 

If no regime applies, the local law of the enforcement state will govern the enforcement of the judgment. This may involve using the judgment to bring a debt claim in the enforcement court, with procedures varying depending on the enforcement state.

Which regime?

For an English judgment to be directly enforceable overseas, there needs to be a reciprocal regime in place. Regimes exist between England and Wales and: 

• Former and current British Overseas Territories, Commonwealth and some other countries,³ under the Administration of Justice Act 1920 (the 1920 Act).
• Former and current British Overseas Territories, Commonwealth and some other countries,⁴ under the Foreign Judgments (Reciprocal Enforcement) Act 1933 (the 1933 Act).
• Other parts of the United Kingdom under the amended Civil Jurisdiction and Judgments Act 1982 (the 1982 Act).
• EU member states, Albania, Mexico, Moldova, Montenegro, North Macedonia, Singapore, Switzerland and Ukraine under The Hague Convention on Choice of Court Agreements 2005 (the Hague Convention 2005).
• EU member states (excluding Denmark), Ukraine and Uruguay under The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention 2019).

At Appendix 1 there is a flow diagram which provides guidance on which regime applies. At Appendix 2 there is a table comparing the key provisions of the different regimes. A quick summary is provided below.

The 1920 Act 

Scope

The regime applies to the enforcement of final and conclusive money judgments made by a court in civil proceedings.

Procedure

Apply to register your judgment with the courts of the enforcement state within 12 months of the date of the judgment. The application must be accompanied by a certified copy of the judgment, a translation of the judgment, and a witness statement. 

Reasons for refusal

The overseas court may refuse to register the judgment if it considers it unjust or inconvenient, or if specific grounds such as inadequate service of proceedings, fraud or public policy apply.

The 1933 Act

Scope

The regime applies to the enforcement of final and conclusive money judgments made by a court in civil proceedings. It does not apply to injunctions but does cover interim payment orders.

Procedure

Apply to register your judgment with the overseas court within six years of the date of the judgment. Provide the court with a certified copy of the judgment, a translation of the judgment, and a witness statement. 

Reasons for refusal

The overseas court may refuse to register the judgment if it has been wholly satisfied, could not be enforced in England and Wales, or if specific grounds such as lack of jurisdiction, fraud, or public policy apply.

Civil Jurisdiction and Judgments Act 1982

Scope

The 1982 Act provides for the recognition and registration of any money or non-money judgment or order awarded in another part of the United Kingdom, excluding provisional orders such as freezing orders and interim injunctions. 

Procedure

Obtain a certificate from the English court confirming the details of the judgment (or in the case of non-money judgments, a certified copy of the judgment) and register the judgment with the foreign court within six months of receipt of the certificate or certified copy.

Reasons for refusal

The English court will not provide a certificate or certified copy of the judgment if: 

• there is an ongoing appeal or the time limits for appealing have not expired; or
• enforcement of the judgment has been stayed or the time for enforcement of the judgment has expired.

The judgment debtor may apply to set aside the registration of the judgment if the judgment was registered contrary to the provisions of the 1982 Act or if the dispute had previously been the subject of a judgment of another court having jurisdiction in the matter.

The Hague Convention 2005

Scope

The Convention applies to judgments that flow from an exclusive jurisdiction clause entered into on or after the date when the Convention came into force in the country specified in the exclusive jurisdiction clause.⁵ An exclusive jurisdiction clause for these purposes is a clause that prescribes one jurisdiction in which the parties must litigate.

A 'judgment', includes money and non-money judgments, default judgments and costs determinations, but not interim protective measures or procedural rulings. 

The Hague Convention 2005 covers judgments in civil and commercial matters but does not apply to matters involving: family law; wills and succession; insolvency; arbitration; consumer protection; employment; insurance; some intellectual property matters; certain land rights; and company law. 

Procedure

Follow the specific procedure governed by the law of the enforcement state, and provide the overseas court with:

• A complete and certified copy of the judgment.
• The exclusive choice of court agreement.
• In the case of a default judgment, a document proving that the defaulting party was notified of the document which instituted the proceedings.
• Documents that establish that the judgment has effect or is enforceable in the state of origin.
• Any other documents the enforcing court may require in order to verify that the conditions for enforcement have been met.
• Certified translations of these documents if they are not in an official language of the enforcement state.

Reasons for refusal

The overseas court may refuse recognition or enforcement if the judgment is not enforceable in England or if one or more of the specific grounds listed in the Convention apply, such as nullity of the underlying agreement, lack of capacity, fraud or public policy.

The Hague Judgments Convention 2019

Scope

The Convention entered into force in the England and Wales on 1 July 2025 and will only apply to court proceedings issued on or after that date. In order for an English judgment to be enforced overseas, the Convention must have also come into force in the enforcement state. The Convention is intended to be complementary to, and will not supersede, the Hague Convention 2005.

The Convention applies to money and non-money judgments (excluding interim measures) in civil and commercial matters, subject to exceptions. Notable exceptions include: family law matters; wills and succession; insolvency; defamation; privacy; intellectual property; certain competition matters; and arbitration.

An English judgment will only be enforceable in a signatory state if one of the bases for recognition and enforcement listed in Article 5 of the Convention applies. An important basis for recognition is that the judgment flows from a choice of court agreement in favour of the English courts, other than an exclusive jurisdiction clause. As a result, judgments made pursuant to non-exclusive and asymmetric jurisdiction clauses will fall within the Convention.

Procedure

Follow the procedural rules of the enforcement state and provide the overseas court with documents similar to those required by the Hague Convention 2005. 

Reasons for refusal

The Convention provides a list of grounds upon which the enforcement court may refuse to recognise or enforce a judgment, including inadequate notice, fraud, public policy and inconsistency with other judgments. 

Conclusion

Enforcing an English judgment overseas can be complex and requires understanding of the applicable enforcement regime and local laws. Always seek legal advice to navigate the process effectively. For further information, please contact your usual Ashurst contact or a member of our dispute resolution team.

Appendix 1

Enforcement regime flow-diagram

Appendix 2

Enforcement regime comparison table