ENGLAND & WALES Law and Practice Contributed by: James Herring, Nathalie Allen and David Wigg, Addleshaw Goddard
• the UK, which acceded in its own right at the end of the Brexit TP; and • Ukraine. China, Israel and the USA have signed but not ratified the Hague Convention 2005. The Hague Convention 2005 has the force of law in the UK by virtue of an amendment to the Civil Jurisdiction and Judgments Act 1982. The UK government con - siders that the Hague Convention 2005 entered into force for the UK on 1 October 2015 (when it became bound by virtue of its then-membership of the EU), and that the UK was a contracting state without inter - ruption from that date. EU member state courts may take a different view of the date of the UK’s acces - sion to the Hague Convention 2005, but the courts of England and Wales will apply it to judgments given in proceedings that are based on choice-of-court agree - ments where the relevant agreement was entered into after 1 October 2015. The Hague Judgments Convention 2019 Not to be confused with the Hague Convention 2005, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Com - mercial Matters (the “Hague Judgments Convention 2019”) goes further than the 2005 Convention. It pro - vides for the cross-border enforcement of judgments based on several jurisdictional bases, including non- exclusive jurisdiction clauses, and, in contrast to the Hague Convention 2005, employment and consumer contracts are within its scope. As of June 2026, the Hague Judgments Convention 2019 contracting states are: • EU member states (except Denmark);
a large number of Commonwealth states and British Overseas Territories, including Bermuda, the British Virgin Islands, Kenya, Malaysia, New Zealand, Sin - gapore, Tanzania and Zimbabwe. It is worth noting that the AJA 1920 also deals with the enforcement of foreign judgments from the EU states of Cyprus and Malta (because of their particular historical links with the UK). It no longer applies to Hong Kong. The Foreign Judgments (Reciprocal Enforcement) Act 1933 (the “1933 Act”) deals with the enforcement of judgments from Austria, Belgium, Canada, France, Germany, the Isle of Man, Israel, Italy, Jersey, India, the Netherlands, Pakistan, Suriname and Tonga. Some of these are EU states – since judgments based on proceedings issued in EU states after the end of the Brexit TP are no longer enforceable using the EU regime, it may be that applications for the registra - tion of judgments from these countries will have to be made under the 1933 Act in future (if the judgment does not fall under either of the Hague Conventions). The Common Law Judgments from states with which the UK has no trea - ty arrangements for enforcement – including the USA, China and Russia – will need to be enforced under the common law. This requires fresh proceedings to be issued in the courts, based on the foreign judgment. After obtaining a new judgment that is enforceable in England and Wales, it is then open to a judgment creditor to consider the domestic enforcement options discussed above. 3.2 Variations in Approach to Enforcement of Foreign Judgments For most judgments in proceedings commenced in EU states before the end of the Brexit TP, it will be eas - ier to enforce a judgment under the European Regime than under any other regime. There is no requirement for judicial oversight before domestic enforcement steps are taken: recognition of judgments under the European Regime is an administrative process under - taken by court staff. As we move further away from the end of the Brexit TP, this will apply to fewer and fewer judgments.
• Albania; • Andorra; • Montenegro; • the UK; • Ukraine; and • Uruguay. The UK Statutory Regimes
The Administration of Justice Act 1920 (the “AJA 1920”) deals with the enforcement of judgments from
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