Enforcement foreign judgments in England and Wales: What has changed since Brexit?

The enforcement landscape for foreign judgments in England and Wales has evolved significantly since Brexit. When we last addressed this topic in our 2023 website article, the primary post-Brexit routes for enforcement were the Hague Convention on Choice of Court Agreements 2005 (“Hague 2005”) and the common law regime.

However, from 1 July 2025 the position changed materially with the entry in the UK of the Hague Convention 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Hague 2019”).

The common law regime

By way of reminder, prior to 1 July 2025, parties seeking to enforce many foreign judgments in England and Wales were often required to rely on the common law regime, unless the judgment fell within Hague 2005 or one of the older statutory reciprocal enforcement schemes.

Under the common law regime, a judgment creditor must issue fresh proceedings in England and Wales based upon the foreign judgment debt. The foreign judgment is treated as creating a debt which can then be enforced through an English judgment, often by way of summary judgment where no real defence exists.

The requirements established by the authorities, including Adams v Cape Industries plc [1990] Ch 433, remain applicable. In broad terms, the foreign judgment must be:

• Final and conclusive;
• For a definite sum of money;
• Given by a court recognised as having jurisdiction according to English conflict of laws rules; and
• Free from recognised grounds for challenge such as fraud or breaches of natural justice.

This route remains important for judgments from countries that have not joined Hague 2019 or Hague 2005, as well as countries which lack a statutory reciprocal enforcement arrangement.

Hague 2019

Hague 2019 introduces a new treaty-based framework that significantly expands the circumstances in which foreign judgments can be recognised and enforced in England and Wales. It fills an important gap in the post-Brexit framework by creating a broader system for the recognition and enforcement of foreign judgments in civil and commercial matters between contracting states.

Unlike Hague 2005, which covers only judgments arising from exclusive jurisdiction clauses, Hague 2019 applies in a much wider range of circumstances, including many cases where the parties have no exclusive jurisdiction agreement at all.

Enforcement using Hague 2019

Under Hague 2019, a judgment creditor is no longer required to commence fresh substantive proceedings in England and Wales based on the underlying judgment debt. Instead, the creditor may apply directly to the English court for recognition and enforcement of the foreign judgment.

The judgment creditor will generally need to produce:

• A complete and certified copy of the foreign judgment;
• Evidence that the judgment has effect and, where applicable, is enforceable in the state of origin; and
• Any other documents required by the English court to demonstrate that the judgment falls within the scope of Hague 2019.

For a judgment to be eligible for recognition and enforcement, it must fall within the Convention’s scope and satisfy one of the criteria set out in Hague 2019.

These include, for example, situations where the defendant was habitually resident in the state of origin, maintained a branch or establishment there connected with the claim, expressly consented to the jurisdiction of the foreign court, or where the dispute had another qualifying connection with that state.

On registration, the judgment will be enforceable in England and Wales as if it were a judgment of the English and Welsh courts. Courts in England and Wales are not concerned with whether the foreign court reached the correct decision on the merits.

Recognition and enforcement, however, may be refused on limited grounds prescribed by the Convention, including where the judgment was obtained by fraud, where the proceedings were fundamentally unfair, where enforcement would be manifestly contrary to public policy, or where the judgment is inconsistent with another relevant judgment.

What does it apply to?

Hague 2019 applies between the UK and a substantial number of jurisdictions, including EU Member States (other than Denmark), as well as Uruguay and Ukraine.

Hague 2019 only applies to judgments arising from proceedings commenced on or after 1 July 2025. The enforcement regimes that previously applied will continue to govern proceedings that commenced before that date.

What still applies?

Although Hague 2019 represents a significant development, it does not replace the existing enforcement regimes.

Hague 2005 continues to apply in cases involving exclusive jurisdiction clauses in favour of the courts of a contracting state. It remains an important enforcement mechanism, and is often continue to rely on it when a judgment arises from an exclusive jurisdiction agreement within its scope.

Statutory Reciprocal Enforcement regimes under the Administration of Justice Act 1920 and Foreign Judgments (Reciprocal Enforcement) Act 1933 also remain available in relation to designated countries covered by those statutory schemes.

Conclusion

Hague 2019 broadens the range of foreign judgments capable of recognition and enforcement and provides greater certainty for businesses engaged in cross-border trade and litigation following its introduction on 1 July 2025. It provides a more straightforward and predictable route to enforcement than commencing a fresh common law action based upon the foreign judgment.

Nevertheless, the statutory reciprocal enforcement regimes and the common law regime all remain important parts of the enforcement landscape. Factors such as where you obtained the judgment, when you commenced proceedings, and whether any jurisdiction agreement exists will continue to determine the correct route.

If you require advice in relation to the above, please contact our Commercial Dispute Resolution team.