Positive Development for Cross-Border Enforcement

Positive Development for Cross-Border Enforcement

On 23 November 2023, the Ministry of Justice announced that the UK will join the Hague Convention of July 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Convention 2019).

This is significant because it should make it far more straightforward for UK judgments to be enforced overseas, and overseas judgments to be enforced in the UK.

Whilst most jurisdictions have a statutory framework within their national laws to allow for the recognition and enforcement of foreign judgments, the process can often be slow and costly for parties due to the inconsistencies and conflicts between national laws. The position in the UK was further complicated by its departure from the EU, which resulted in the UK no longer being party to the Recast Brussels Regulation and the Lugano Convention.

The UK is already a party to the Hague Choice of Court Agreements Convention 2005 (the Hague Convention 2005), which addresses the recognition and enforcement of judgments where a contract contains an exclusive jurisdiction clause. However, the Hague Convention 2005 does not apply where there is no exclusive jurisdiction clause or cover certain types of claims such as tort claims and personal injury claims, so its application is limited.

The Hague Convention 2019 has been drafted to complement the Hague Convention 2005 and covers non-jurisdiction clauses, as well as many of the types of claim excluded from the Hague Convention 2005. The Hague Convention 2019 will therefore facilitate a more uniform approach to recognition and enforcement of judgments in the UK and contracting states, and should significantly reduce the time and costs involved in cross-border enforcement.

Be aware, however, that unlike the recast Brussels Convention and the Lugano Convention, the Hague Convention 2019 does not apply to the recognition and enforcement of interim measures, such as interim payment orders and interim injunctions. It also does not assist parties who are seeking to enforce judgments relating to insolvency, intellectual property and probate law (amongst others), so it is not a complete answer to cross-border enforcement.

Notwithstanding this, it is certainly a positive development and should reinforce the UK’s position as a dispute resolution hub when it comes into force in due course.

Recent posts

Previous
Next
AI Report
Read more
Baby Reindeer, internet sleuths and the perils of jigsaw identification
Read more
What businesses should consider before implementing monitoring
Read more
'Consent or pay’: the EDPB’s two cents on the right model
Read more
Take note: new guidance on the ICO’s penalties and fines
Read more
Labour’s proposed secondary ticketing reforms
Read more
The abolition of non-domicile in the Spring Budget
Read more
Content moderation: the ICO's guide
Read more
The Government moves to address unlawful immigration exemption under the Data Protection Act 2018
Read more
How can I get probate to sell my property?
Read more

More from this author

Previous
Next
Dispute Resolution in the Metaverse
Read more
How brands can adopt generative AI and avoid disputes
Read more
Digital Assets: Final Report
Read more
Service of Court documents via NFTs – no longer a novelty
Read more
High Court claim involving claimed Bitcoin creator – a significant Court of Appeal judgment
Read more
Significant Court of Appeal Judgment on Limitation of Liability in IT Contracts
Read more
Meet you in the Metaverse
Read more
High Court claim involving claimed Bitcoin creator – the latest twist
Read more
New Podcast: Succession & Digital Assets
Read more
High Court claim involving claimed Bitcoin creator – one to watch
Read more
Tech and Sport podcast now live
Read more
Jurisdiction in 2021: LexisNexis webinar
Read more
Smart legal contracts: important update
Read more
Latest trends in data protection enforcement
Read more
Listen to our new podcast episode on NFTs
Read more
Listen to our first Digital Download podcast
Read more
Lawtech UK feasibility study
Read more
Jurisdiction post Brexit: Lugano Convention update
Read more

Share this page