Enforcement of judgments - Enforcement procedures in other jurisdictions

Learning Outcomes

After reading this article, you will be able to explain the main legal mechanisms for enforcing English judgments abroad, including the use of reciprocal enforcement statutes, international conventions, and local procedures in non-treaty countries. You will understand the practical steps, key legal requirements, and strategic considerations for effective cross-border enforcement, as well as the main defences and limitations that may arise.

SQE1 Syllabus

For SQE1, you are required to understand the enforcement of judgments in other jurisdictions from a practical standpoint. Focus your revision on:

  • the main legal routes for enforcing English judgments abroad, including reciprocal enforcement statutes and international conventions
  • the procedural steps for registering and enforcing foreign judgments in England and Wales
  • the practical implications of enforcing judgments in countries without reciprocal arrangements
  • the key defences and limitations to enforcement in cross-border cases

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the primary statutory route for enforcing a money judgment from Australia in England and Wales?
  2. Which international convention is most commonly used to enforce arbitral awards between member states?
  3. What is the usual first step when seeking to enforce an English judgment in a country with no reciprocal enforcement agreement?
  4. Name two common grounds on which a foreign court may refuse to enforce an English judgment.

Introduction

Enforcing a judgment in another country is often essential where the debtor has assets abroad or is based outside England and Wales. The process depends on whether there is a reciprocal enforcement regime, an international convention, or if local law must be used. Understanding the available legal routes, procedural requirements, and potential obstacles is critical for effective cross-border enforcement.

Enforcement under Reciprocal Arrangements

Certain statutes allow for streamlined enforcement of judgments between England and Wales and specific foreign countries.

Statutory Reciprocal Enforcement

The two main statutes are:

Key Term: reciprocal enforcement
The process by which judgments from one country are recognised and enforced in another under a statutory or treaty-based regime.

  • Administration of Justice Act 1920 (AJA 1920): Applies to judgments from many Commonwealth countries and some former territories.
  • Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933): Covers judgments from countries with which the UK has made a specific reciprocal arrangement.

To use these regimes, the foreign judgment must be final and for a definite sum of money (not for taxes, fines, or penalties).

Key Term: registration
The process of applying to a court to have a foreign judgment recognised and enforced as if it were a local judgment.

The creditor must apply to register the judgment in the relevant UK court (usually the High Court) within the statutory time limit (typically 12 months for AJA 1920; 6 years for FJ(RE)A 1933). Once registered, the judgment can be enforced as if it were an English judgment.

Worked Example 1.1

A UK company obtains a final money judgment against a business in Canada. How can the UK company enforce the judgment in England?

Answer: Canada is covered by the FJ(RE)A 1933. The UK company can apply to the High Court to register the Canadian judgment within 6 years. Once registered, the judgment is enforceable as if it were an English judgment.

Enforcement under International Conventions

Where a treaty or convention exists, enforcement is generally more straightforward.

The Hague Convention on Choice of Court Agreements

The Hague Convention 2005 applies to judgments in civil and commercial matters where the parties have agreed an exclusive jurisdiction clause in favour of a contracting state. The Convention requires member states to recognise and enforce judgments from courts designated in such agreements, subject to limited exceptions.

Key Term: Hague Convention
An international treaty requiring member states to recognise and enforce judgments from courts chosen in exclusive jurisdiction agreements.

The New York Convention (Arbitral Awards)

The New York Convention 1958 allows for the recognition and enforcement of arbitral awards in over 160 countries. Courts in member states must enforce arbitral awards made in other member states, unless a limited ground for refusal applies (such as public policy or lack of proper notice).

Key Term: New York Convention
An international treaty requiring member states to recognise and enforce foreign arbitral awards, subject to limited defences.

Worked Example 1.2

An English company wins an arbitration award against a company in Singapore. What is the main legal route for enforcement in Singapore?

Answer: Both the UK and Singapore are parties to the New York Convention. The English company can apply to the Singapore courts for enforcement under the Convention, supplying the award and arbitration agreement.

Enforcement in Non-Reciprocal Countries

If there is no applicable statute or convention, enforcement must proceed under the local law of the country where enforcement is sought.

Fresh Proceedings

The usual approach is to start a new action in the foreign court, relying on the English judgment as evidence of the debt. The foreign court will consider whether to recognise the judgment, often applying local rules on jurisdiction, finality, and public policy.

Key Term: exequatur
The legal process in some jurisdictions for recognising and enforcing a foreign judgment.

Common Defences to Enforcement

A foreign court may refuse to enforce an English judgment on grounds such as:

  • Lack of jurisdiction in the original court
  • The judgment is not final or conclusive
  • The judgment was obtained by fraud
  • The judgment is contrary to public policy
  • The defendant did not have proper notice or opportunity to be heard

Worked Example 1.3

A UK creditor seeks to enforce a judgment in Brazil, which has no reciprocal enforcement treaty with the UK. What is the correct procedure?

Answer: The UK creditor must start a recognition (exequatur) action in the Brazilian courts, supplying a certified copy of the judgment and evidence of its finality. The Brazilian court will decide whether to recognise and enforce the judgment under local law.

Enforcement of Foreign Judgments in England and Wales

Foreign judgments can also be enforced in England and Wales, provided they meet the requirements of the relevant statutory regime or, if none applies, under the common law.

  • Reciprocal enforcement: Register the judgment under the AJA 1920 or FJ(RE)A 1933.
  • EU/EEA judgments: Post-Brexit, enforcement depends on the Hague Convention or local law.
  • Other countries: Bring a fresh action in the English courts, using the foreign judgment as evidence of the debt.

Strategic Considerations

Before attempting cross-border enforcement, consider:

  • Whether the debtor has assets in the target country
  • The costs and time involved in enforcement
  • The likelihood of local courts recognising the judgment
  • Any limitation periods or procedural requirements
  • The risk of defences being raised

Revision Tip

When advising a client, always check for reciprocal enforcement arrangements or conventions before considering local enforcement procedures. Early investigation of the debtor's assets and local legal advice are essential.

Key Point Checklist

This article has covered the following key knowledge points:

  • Enforcement of English judgments abroad depends on reciprocal statutes, international conventions, or local law.
  • The AJA 1920 and FJ(RE)A 1933 allow registration and enforcement of judgments from certain countries.
  • The Hague Convention and New York Convention provide for enforcement of court judgments and arbitral awards, respectively, between member states.
  • In non-treaty countries, enforcement usually requires starting a new action in the local court.
  • Common defences to enforcement include lack of jurisdiction, public policy, and lack of notice.
  • Strategic planning and asset investigation are critical before commencing cross-border enforcement.

Key Terms and Concepts

  • reciprocal enforcement
  • registration
  • Hague Convention
  • New York Convention
  • exequatur
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Barbri SQE
One-time Fee
$3,800-6,900
BPP SQE
One-time Fee
$5,400-8,200
College of Legal P...
One-time Fee
$2,300-9,100
Job Test Prep
One-time Fee
$90-350
Law Training Centr...
One-time Fee
$500-6,200
QLTS SQE
One-time Fee
$2,500-3,800
University of Law...
One-time Fee
$6,200-22,400

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal