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21 July 2020 0 Comments
Posted in Dispute Resolution, Opinion

Brexit – the implications for enforcing foreign judgments in the UK

Author headshot image Posted by , Associate

For the next few months, whilst the Brexit transition period still remains in force, the Recast Brussels Regulation [Regulation (EU) 1215/2012] continues to have effect in the UK.

Jack Pestill, Associate in our Dispute Resolution team, explains why this is important.

Brexit chess concept

This is important because the Recast Brussels Regulation makes it much easier for judgments from EU member states to be recognised and enforced in England.

If you therefore have a judgment from a court in an EU member state against a person with assets, accounts and/or income in England, then you would be well advised to act quickly, before the Brexit transition period comes to an end. The Brexit transition period will end on 31 December 2020 unless extended.

The enforcement procedure

Under the Recast Brussels Regulation (which applies to the enforcement of judgments in proceedings commenced on or after 10 January 2015) the enforcement procedure is typically as follows:

1.  A certificate is obtained from the court of origin in the standard form set out in Annex 1 of the Recast Brussels Regulation, certifying that the judgment is enforceable and containing details of the judgment.

2. The certificate and judgment is served on the judgment debtor, including a translation (if requested).

3. Enforcement pursuant to the Recast Brussels Regulation is assigned to the High Court, Queen’s Bench Division in London. When seeking enforcement, the enforcing authority must be provided with an authenticated copy of the judgment and the certificate from the court of origin, and a translation of the certificate or judgment if requested. The High Court in London will then recognise the judgment and give it a judgment number.

4. The judgment can then be enforced as if it were an English judgment. The usual enforcement procedures can be used, which will depend upon the nature of the judgment debtor’s assets and income within the jurisdiction.

If you have an unsatisfied judgment from a court in an EU member state, and want to enforce it England, then let us know and we will be happy to assist:

0800 923 2076     Email uscdr.enquiries@roydswithyking.com

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