Quickguides

Enforcement of an overseas judgment in England

Enforcement of an overseas judgment in England

    You have obtained a favourable judgment from an overseas court but the losing party's assets are located in England. To recover what you are entitled to, you need to enforce your judgment in England and, in order to do that, your overseas judgment must be recognised and registered with the English courts.1

    In this guide we consider when the English courts will recognise an overseas judgment and the steps you must take to achieve this.

    In respect of EU and EFTA states, this guide explains the enforcement procedures that apply in proceedings commenced after 31 December 2020. It does not cover enforcement under the Recast Brussels Regulation2 or Lugano Convention3.

    The enforcement process

    Before you can enforce your overseas judgment in England, it must be recognised by the English courts. The English courts have reciprocal recognition and enforcement regimes with numerous countries. The applicable arrangement depends on several factors, including: 

    • Which country the judgment has come from.
    • 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 English courts to register your judgment in accordance with the requirements of the applicable enforcement regime and Part 74 of the Civil Procedure Rules. Once the judgment is registered, it will have the same effect (for the purposes of enforcement) as if it had been made by the English courts. You will then be able to take advantage of the methods of enforcement available in England. 

    If no reciprocal regime applies, the overseas judgment cannot be enforced by registration with the English courts. Instead, the common law will apply and the judgment must be used to bring a debt claim in England. Once the debt claim has been commenced, you can apply for summary judgment on the back of the original judgment.

    Which regime?

    • Judgments from former or current British Overseas Territories, Commonwealth and some other countries:
      • The Administration of Justice Act 1920 (the 1920 Act);4   or
      • The Foreign Judgments (Reciprocal Enforcement) Act 1933 (the 1933 Act).5
    • Judgments from other parts of the United Kingdom: the amended Civil Jurisdiction and Judgments Act 1982 (the 1982 Act).
    • Judgments from 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).
    • Judgments from 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 and 1933 Acts

    Scope

    The 1920 and 1933 Acts only apply to the enforcement of final and conclusive money judgments made by a court in civil proceedings.  

    Procedure

    An application for registration of the overseas judgment should be made to the High Court within 12 months of the date of judgment under the 1920 Act and within six years of the date of judgment under the 1933 Act. 

    The application must be supported by a witness statement which sets out (amongst other matters) details of the parties to the dispute, the amount of money due, and the grounds on which you are entitled to enforce the judgment. The witness statement should exhibit an authenticated copy of the judgment and a translation of the judgment, if it is not in English.

    If the application is accepted, the High Court will grant an order permitting the registration of the overseas judgment. You must serve the registration order on the judgment debtor. The judgment debtor may apply to set aside the registration of the judgment within the time limit set out in the registration order and you will not be able to enforce the overseas judgment until the time for applying to set aside the registration has elapsed or the judgment debtor's application has been dealt with. 

    Reasons for refusal

    Under the 1920 Act, the High 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. Under the 1933 Act, the High Court may refuse to register the judgment if it has been wholly satisfied, could not be enforced in the country of origin, 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

    For money judgments, a certificate of enforcement must be obtained from the country of origin. This certificate must be registered with the English High Court within six months of the date of issue.

    For non-money judgments, a certified copy of the judgment must be obtained from the country of origin along with a certificate stating that certain requirements of the 1982 Act are satisfied. An application must be made to the English High Court to register the judgment within six months of the issue of the certificate. 

    Reasons for refusal

    The courts of Scotland and Northern Ireland 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', for the purposes of the Convention, 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

    An application must be made to register the judgment with the English High Court. The application must be accompanied by:

    • 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 English court may refuse to register the judgment if it is not enforceable in the country of origin 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 England and Wales  on 1 July 2025 and will only apply to court proceedings issued on or after that date. In order for a foreign judgment to be enforced in England, the Convention must have also come into force in the overseas court. 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.

    A foreign judgment will only be enforceable in England 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 overseas court, 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

    You will be required to make an application to the English High Court for registration of the judgment. The procedural rules and the documents that must be provided in support of the application are similar to those required by the Hague Convention 2005.

    Reasons for refusal

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

    Common law

    Scope

    The common law regime is the default and will apply where none of the abovementioned regimes apply. So, for example, judgments from the USA are subject to the common law regime. The regime applies to final and conclusive money judgments only.

    Procedure

    The foreign judgment must be used to bring a debt claim in the English courts. In practice it is common to apply for summary judgment once the debt proceedings have been commenced, as the defendant will not usually have a defence to the claim.

    Reasons a claim may fail

    The foreign judgment will only be enforceable if the court of origin had jurisdiction to determine the claim in accordance with the English common law rules. Generally speaking, the English common law will consider the foreign court to have had jurisdiction if the defendant was present in the foreign country when proceedings were commenced, or if the defendant agreed that the foreign court had jurisdiction (for example, in a choice of court agreement) or voluntarily appeared in proceedings before the foreign court. A company or corporation will be present in the foreign country if it has a fixed place of business there or a representative of the corporation was carrying on the business in the foreign country from a fixed place of business.

    Conclusion

    Enforcing an overseas judgment in England involves navigating a complex legal landscape, which varies depending on which enforcement regime applies. Each regime has its own scope, procedural requirements, and grounds for refusal, making it crucial to determine the applicable regime based on the country of origin and the specifics of the judgment. 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

     

    Regime (in date order)Member states Effective from ScopeReasons for refusalLimitation period Impact of appeals
    Administration of Justice Act 1920 Anguilla, Antigua and Barbuda, Bahamas, Barbados Belize, Bermuda, Botswana, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Christmas Island, Cocos (Keeling) Islands, Republic of Cyprus, Dominica, Falkland Islands, Fiji, The Gambia, Ghana, Grenada, Guyana, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Montserrat, New Zealand, Nigeria, Territory of Norfolk Island, Papua New Guinea, St. Christopher and Nevis, St. Helena, St. Lucia, St. Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, Sri Lanka, Swaziland, Tanzania, Trinidad and Tobago, Turks and Caicos Islands, Tuvalu, Uganda, Zambia, and Zimbabwe.

    The date the reciprocal regime of the enforcement state came into force is a matter of local law and guidance should be sought from local counsel.

    The 1920 Act came into force in England and Wales on 23 December 1920 and has been subject to subsequent variations.

    The regime applies to final and conclusive money judgments only.

    Enforcement under the 1920 Act is discretionary; the court must consider it just and convenient to enforce the judgment in the country of enforcement.

    The original court acted without jurisdiction.

    The judgment debtor did not carry out business and was not ordinarily resident in the jurisdiction of the original court and did not voluntarily appear or otherwise submit to the jurisdiction of the court.

    The judgment debtor was not duly served with the process of the original court and did not appear.

    Fraud in obtaining the judgment.

    Appeal is pending, or the judgment debtor is entitled to and intends to appeal against the judgment.

    Contrary to public policy.

    An application for registration of the judgment must be made within 12 months of the date of the judgment or such longer period as allowed by the court.A pending appeal is a ground for refusal of enforcement.
    Foreign Judgments (Reciprocal Enforcement) Act 1933

    Australia, Canada (except Quebec), India, Israel, Norway, Pakistan, Guernsey, Jersey and the Isle of Man.

    Also applies to judgments from Austria, Belgium, France, Germany, Italy, and the Netherlands where the subject matter of the judgment is outside the scope of the European regime (i.e. the Lugano Convention and the Recast Brussels Regulation).

    The date the reciprocal regime of the enforcement state came into force is a matter of local law and guidance should be sought from local counsel.

    The 1933 Act came into force on 13 April 1933 and has been subject to subsequent variations.

    The regime applies to final and conclusive money judgments only.

    The judgment has been wholly satisfied.

    The judgment could not be enforced by execution in the country of the original court.

    The original court acted without jurisdiction.

    The judgment debtor did not receive notice of the proceedings in sufficient time to defend, and as a result did not appear.

    Fraud in obtaining the judgment.

    Appeal is pending, or the judgment debtor is entitled to and intends to appeal against the judgment.

    Contrary to public policy.

    The dispute in question was the subject of a previous final and conclusive judgment by a court having jurisdiction.

    An application for registration of the judgment must be made within six years of the date of the judgment.If the court thinks fit, it may set aside the registration of a judgment if an appeal is pending or the judgment debtor intends to appeal.
    Civil Jurisdiction and Judgments Act 1982All parts of the United Kingdom.The relevant parts of the Act came into force on 1 January 1987 and have been subject to subsequent variations.Money and non-money judgments, excluding provisional orders e.g. freezing orders and interim injunctions

    There is an ongoing appeal or the time for bringing an appeal has not elapsed.

    Enforcement of the judgment has been stayed or the time available for enforcement has expired.

    The matter arising in the dispute before the original court had previously been the subject of a judgment of another court having jurisdiction in the matter.

    An application to register the judgment must be made in England within six months of the Scottish or Northern Irish court producing the relevant certificate or certified copy judgment.The Scottish or Northern Irish courts will not produce the documents required to register the judgment in England until (i) the time for bringing an appeal has expired and no such appeal has been brought, or (ii) if an appeal was brought, it has been finally disposed of.
    The Hague Convention on Choice of Court Agreements 2005UK, EU member states, Albania, Mexico, Moldova, Montenegro, North Macedonia, Singapore, Switzerland and Ukraine.1 October 2015

    The dispute must fall within an exclusive jurisdiction clause in favour of the court or origin.

    The Convention does not apply to consumer or employment contracts or matters relating to insolvency, competition, personal injury, land or certain intellectual property rights.

    The agreement was null and void under the law of the original court.

    Lack of capacity to conclude the agreement under the law of the enforcement state.

    Lack of, or inadequate, notice of the original proceedings.

    Fraud.

    Public policy.

    Inconsistency with another judgment between the same parties, or with an earlier judgment in another state.

    An appeal is pending or the time limit for appealing has not expired.

    There is no specific limitation period but the judgment should be registered without delay.Recognition or enforcement may be postponed or refused if the judgment is the subject of appeal or if the time limit for appealing has not expired.
    Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019UK, EU member states (except Denmark), Ukraine and Uruguay1 July 2025

    Judgments in civil or commercial matters excluding revenue, customs or administrative matters i.e. insolvency, defamation, privacy and intellectual property rights.

    At least one of the following must apply:

    (i) a jurisdiction clause in favour of the overseas courts (excluding an exclusive jurisdiction clause).

    (ii) judgment debtor has habitual residence, principal place of business or branch/agency /establishment in the enforcement state.

    (iii) the judgment debtor expressly consented to the overseas court's jurisdiction.

    (iv) contractual obligation to be performed in the country of origin.

    (v) tort committed in the country of origin.

    (vi) land in the country of origin or a trust based in the country of origin.

    The judgment debtor was provided with inadequate notice of the original proceedings.

    Fraud in obtaining the judgment.

    Contrary to public policy.

    The original proceedings were contrary to an agreement to determine the dispute in another state.

    Judgment inconsistent with (i) a judgment given by a court of the requested state in a dispute between the same parties; or (ii) an earlier judgment given by a court of another state (for instance, a third state) between the same parties on the same subject matter, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested state.

    Recognition/enforcement may be postponed if proceedings between the same parties on the same subject matter are pending before a court of the enforcement state and that court was seized first.

    An appeal is pending or the time limit for appealing has not expired.

    N/ARecognition or enforcement may be postponed or refused if the judgment is subject to appeal or if the time limit for appealing the judgment has not expired.

     


    1. We refer throughout this guide to the English courts, however, the rules and processes we refer to also apply in Wales.
    2. Regulation (EU) 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).
    3. The 2007 Lugano Convention on Jurisdiction and the Recognition and Enforcement of judgments in Civil and Commercial Matters.
    4. As at 20 June 2025 these countries were: Anguilla, Antigua and Barbuda, Bahamas, Barbados Belize, Bermuda, Botswana, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Christmas Island, Cocos (Keeling) Islands, Republic of Cyprus, Dominica, Falkland Islands, Fiji, The Gambia, Ghana, Grenada, Guyana, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Montserrat, New Zealand, Nigeria, Territory of Norfolk Island, Papua New Guinea, St. Christopher and Nevis, St. Helena, St. Lucia, St. Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, Sri Lanka, Swaziland, Tanzania, Trinidad and Tobago, Turks and Caicos Islands, Tuvalu, Uganda, Zambia, and Zimbabwe.
    5. As at 20 June 2025 these countries were: Australia, Canada (except Quebec), India, Israel, Norway, Pakistan, Guernsey, Jersey and the Isle of Man. The 1933 Act continues to apply to judgments from recognised courts in Norway as a result of a treaty between the UK and Norway signed on 13 October 2020, which took effect when the 2007 Lugano Convention ceased to apply to the UK on 31 December 2020 and only applies to judgments in proceedings instituted after that date. The 1933 Act also applies to judgments from Austria, Belgium, France, Germany, Italy, and the Netherlands where the subject matter of the judgment is outside the scope of the European regime.

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.