Understanding the bill - Enforcement of foreign judgments

On 27 June 2024 the UK deposited its instrument of ratification of the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019 Judgments Convention). The 2019 Judgments Convention will enter into force for the UK on 1 July 2025 and will mark 30 Hague Conference on Private International Law (HCCH) members who are either bound by the 2019 Judgments Convention or a contracting party for which the Convention has not yet entered into force. What does this mean for UK Judgments? The United Kingdom has been a member of the HCCH since 1955 and is now a contracting party to 14 HCCH Conventions. The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention) provides a set of common rules for the recognition and enforcement of civil and commercial judgments between the UK and other contracting parties, which include the EU and EU Member States. This means that litigants in the UK can expect their judgments to be recognised and enforced in other contracting states, and vice versa.The Convention has no retroactive effect, meaning it only applies to the recognition and enforcement of a judgment in circumstances where the Convention had effect between the relevant states at the time the proceedings that led to that judgment were instituted. This is important for litigants to understand as it determines the applicability of the Convention to their case.Furthermore, the Convention provides for recognition and enforcement of judgments deriving from asymmetric and non-exclusive choice of court agreements. This is a significant departure from the 2005 Hague Convention, which was restricted to judgments stemming from an exclusive choice of court agreement. This broadens the scope of judgments that can be recognised and enforced under the Convention, providing more flexibility for litigants. Finally, the Convention will come into force for the UK 12 months after it has been ratified. The exact date of ratification and thus the coming into force of the Convention will depend on the priorities of the UK Government. Therefore, litigants should keep abreast of these developments to understand when the Convention will apply to their cases. We will publish updates on the relevant procedures.