UK Law and Practice Contributed by: Alex Cook, Helix Law
The rules governing the form and content of witness statements have recently changed, meaning that law- yer input into trial witness statements is vastly more limited, with the expectation that trial witness state- ments will be far simpler and personally written, rather than lawyer-led. Instructed solicitors are now required to certify compliance in this regard. 8.5 Expert Evidence Expert evidence is permitted in England and Wales, and can be relied on subject to the court giving per- mission. An expert can be instructed by one party as a single expert, or by both parties (a joint expert). The role of an expert is primarily to assist the court on technical matters (eg, valuation, engineering, accounting). The use of expert evidence in England and Wales is governed by specific rules that set out requirements for experts themselves and for the content of their reports, which must be met for the evidence to remain valid. Crucially, an expert’s overriding duty is to the court, not to the party instructing or paying them. They are required to provide independent, objective opinions even where those opinions do not support their cli- ent’s case. 9. Enforcement 9.1 Enforcement of Judgments In England and Wales, the procedure depends on where the foreign judgment originates. Some judgments from certain countries can be “con- verted” and enforced in England and Wales under reciprocal enforcement regimes (statutory schemes), allowing relatively straightforward registration and enforcement. Otherwise, at common law, the creditor must bring a fresh claim in this jurisdiction. 9.2 Enforcement of Arbitral Awards In England and Wales, domestic arbitral awards are enforced under the Arbitration Act 1996. With the court’s permission, an award can be enforced in the
same way as a judgment (eg, by execution against assets or other enforcement measures). Foreign arbitral awards are primarily enforced under the New York Convention. The enforcing party must apply to the court for recognition and enforcement, after which the award is treated similarly to a domestic judgment. Refusal is only on limited grounds, such as lack of jurisdiction, procedural unfairness, or public policy. Overall, enforcement of arbitral awards is generally straightforward and pro-enforcement. 9.3 Length of Time Enforcement proceedings in England and Wales are, in general, relatively quick, but timing depends on whether the process is contested. If uncontested, recognition and enforcement (for example, of a judgment or arbitral award) can often be obtained within a few weeks to a few months. However, if the opposing party challenges enforce- ment, the process can take several months or longer, particularly if there are complex jurisdictional or pro- cedural issues. The time required for actual recovery (eg, locating and enforcing against assets) may extend the overall pro- cess further. 9.4 Grounds for Resisting Enforcement In England and Wales, enforcement can only be resist- ed on limited grounds. For foreign judgments, common grounds include that the foreign court lacked jurisdiction (by English law standards), the judgment was obtained by fraud, there was a breach of natural justice (eg, no fair hearing), or enforcement would be contrary to public policy. For arbitral awards, similar principles apply. Enforce- ment may be refused if there was invalid agreement to arbitrate, procedural unfairness, lack of jurisdiction, or public policy concerns. Overall, the approach is strongly pro-enforcement, so these grounds are applied narrowly.
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