UK Law and Practice Contributed by: Fergus Wheeler, Paul Yin, Tracy Liu and Medha Vikram, Latham & Watkins
6.3 Foreign Court Judgments Foreign Judgments
ment in England and Wales. If the judgment complies with the requirements of the Convention, enforcement is mandatory subject to limited grounds for refusal. The party against whom enforcement is sought is not entitled to make submissions on the application to register the judgment. However, either party may apply to challenge a registration decision before it is enforced. Arbitral Awards For arbitral awards, specific Conventions or Stat - utes, such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, dictate enforcement requirements. Any irregularities in meet - ing these requirements can be challenged during the recognition application process in England and Wales. 6.4 A Foreign Private Credit Lender’s Ability to Enforce Its Rights A foreign private credit lender’s ability to enforce its rights under a loan or security agreement is no differ - ent to the ability of a non-foreign private credit lender to enforce their rights under a loan or security agree - ment. 6.5 Timing and Cost of Enforcement The appointment of either an administrator or a receiv - er can be relatively quick remedies provided that the secured lender observes all contractual and statutory requirements. As a private remedy, the appointment of a receiver can be made on the same day as demand is made of the debtor. 6.6 Practical Considerations/Limitations on Enforcement Enforcements involve a “change of control”, necessi - tating diligence and structuring similar to M&A deals, including regulatory approvals, material contract reviews and tax planning. Understanding the intercreditor position of any other creditor classes is crucial. In UK mid-market direct lending, unitranche lenders typically control enforce - ment, but it is important to consider any super senior RCF or working capital facilities. Effective enforcement often requires management support. Early thought should be given to manage -
The enforcement of foreign judgments in the UK depends on the applicable legal regime, which varies according to the jurisdiction of the originating judg - ment. The courts of England and Wales do not generally retry the merits of a recognised foreign judgment or arbitral award. However, a party must first bring a claim or application in England and Wales for recog - nition, after which the judgment or award becomes domestically enforceable. The recognition application process is typically straightforward, but parties can argue against recognition. Recognition may be refused based on statutory grounds or under common law. Grounds for refusal include: • fraud in procuring the foreign judgment; • contradiction with the public policy of England and Wales; • judgments related to taxes, or fines/penalties, or otherwise based on foreign laws considered penal or revenue-related by English courts; • violation of natural justice principles; • improper service of proceedings on the judgment subject; and • lack of jurisdiction by the foreign court. Hague 2019 On 1 July 2025, the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Hague 2019”) came into force in England and Wales. Hague 2019 applies to the recognition and enforcement of judgments in civil and commercial matters from contracting states. Where it applies, Hague 2019 requires the English courts to recognise and enforce judgments from oth - er contracting states (subject to limited grounds for refusal). The Civil Jurisdiction and Judgments Act 1982 has been amended to facilitate Hague 2019 coming into force. The amendments include a requirement that the party seeking recognition or enforcement of a judg - ment under Hague 2019 apply to register the judg -
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