Enforcement of Judgments Abroad: EEC and non EEC

Tom Henry, Trainee Solicitor
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The applicable law and procedure for enforcing a judgment made in the English courts will depend upon which country the judgment is to be enforced. Judgments obtained in an English court can be enforced in another jurisdiction if they fall within one of four categories:

1. The provisions of the European Enforcement Order Regulation (EEO Regulation) apply
2. Either the Brussels Regulation, the Brussels Convention¸ the 1988 Lugano Convention or the 2007 Lugano Convention applies (the Brussels regime).
3. Countries in which the Brussels regime does not apply but bi-lateral conventions do; namely the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933.
4. Countries where none of the above applies but the law of the enforcing state otherwise permits enforcement.

1. European Enforcement Order Regulation
The EEO procedure allows for uncontested judgments in a member state to be automatically enforceable in another member state. Under the EEO procedure a judgment creditor in an uncontested claim can apply to the court of origin for an EEO certificate. The EEO has significant advantages as the enforcement process is quicker and simpler than under the Brussels regime.

2. The Brussels Regime 
The Brussels Regime aims to allow a claimant to enforce a judgment obtained in one member state in all other member states without having to issue separate proceedings there. The Regime comprises:

1. 1. The Brussels Regulation
      This is a simplified version of the enforcement regime under the Brussels Convention. It applies to all EU member states (though not directly applicable to Denmark, where enforcement is effectively via a separate agreement).
   2. The Brussels Convention
      This is of little relevance as it is only applicable for enforcement of judgments between EU states and Aruba and the French overseas departments.
   3. The 1988 Lugano Convention
      Governs the enforcement of judgments between Iceland, Switzerland, Norway and all pre-2004 states and now Poland.
   4. The 2007 Lugano Convention
      The 2007 Convention simplifies the enforcement of judgments between EU member states and Iceland, Switzerland and Norway.

3. The Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933
The 1920 and 1933 Acts mainly cover former and current Commonwealth countries. The 1933 Act includes Crown states such as the Isle of Man and Jersey. They allow enforcement by registering the judgment in the country in which it is to be enforced.

4. The Common Law regime 
The common law will apply in countries where there is no statutory scheme for enforcing the judgments of the courts of England & Wales (United States, Japan and China). Enforcement will therefore depend on the law of the country/state in which the judgment is to be enforced. It will often entail issuing fresh proceedings.


Tom Henry is a trainee solicitor in Anthony Gold's Commercial department. For further information email Tom Henry or call 020 7940 4000.