ENGLAND & WALES Law and Practice Contributed by: Damian Taylor, Olga Ladrowska, Christy Conlon and Nathan Barrow, Slaughter and May
There are no specific rules limiting the maximum amount of damages. However, not all losses that flow from a breach of contract or tort will be recoverable. The rules on legal causation, remoteness, mitigation and contributory negligence may restrict – and in some circumstances prevent – any damages being awarded. In some cases, litigants may agree liquidated dam- ages, which will be a fixed sum payable in the event of breach of contract. 9.3 Pre-Judgment and Post-Judgment Interest The court may award both pre-judgment and post- judgment interest to the successful litigant, based on either a contractual agreement or statutory provisions. The statutory rate of post-judgment interest is 8% per annum. For pre-judgment interest, the court has discretion to determine whether interest should be awarded, the rate, and the period for which it runs. In exercising this discretion, the court may consider factors such as the conduct of the parties and the nature of the claim. Post-judgment interest continues to accrue until the full judgment amount is paid, calculated on a simple (non-compounding) basis. 9.4 Enforcement Mechanisms of a Domestic Judgment Several mechanisms are available for the enforcement of a domestic judgment, depending on the type of judgment. Judgments requiring a party to pay money or perform an act can be enforced through, among other things, writs and warrants of control, which per- mit the seizure of the debtor’s assets, and through third-party debt orders, charging orders and attach- ment orders. 9.5 Enforcement of a Judgment From a Foreign Country Judgments from other jurisdictions are enforceable in England and Wales if they are first recognised by the courts as legal documents. Once recognised, these judgments can be enforced using any proce-
dure available to enforce domestic judgments (see 9.4 Enforcement Mechanisms of a Domestic Judg- ment ). The procedure for recognising a foreign judg- ment depends on the country of origin. The Recast Brussels Regulation simplified the rec- ognition and enforcement of judgments among EU member states, and applies to proceedings instituted before 31 December 2020. Under this regime, judg- ments issued in one EU member state are recognis- able and enforceable in others with only minor admin- istrative steps. However, the recognition of judgments from proceedings issued after 31 December 2020 is governed by non-EU law rules, as outlined below. Judgments from certain Commonwealth member states can be recognised under the Administration of Justice Act 1920. Applications to register a judgment under this regime must be made within 12 months from the date of delivery of the judgment, although this period may be extended. For countries that have reciprocal arrangements with the UK, judgments can be recognised under the For- eign Judgments (Reciprocal Enforcement) Act 1933. Under this regime, the creditor must apply for registra- tion within six years, and demonstrate that the foreign judgment is final, conclusive and for a fixed sum. For judgments from all other countries, absent any bilateral agreement, recognition is governed by com- mon law. This process requires the judgment creditor to bring an action in the courts of England and Wales based on the foreign judgment. For judgments where there is a qualifying exclusive jurisdiction agreement in favour of the relevant for- eign court, the Hague Convention on Choice of Court Agreements 2005 may apply (see 3.3 Jurisdictional Requirements for a Defendant ).
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
Appeals from the County Court are usually heard by a higher-level judge within the County Court or
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