27 March 2019

Enforcing judgment obtained outside UK jurisdiction

How do you enforce a judgment which is issued in another EU member state against a UK national? Dan Godfrey recently dealt with such a case when acting for a client for whom judgment issued in Spain had been awarded in their favour against a UK national. The client needed the judgment to be recognised and registered as enforceable by the English courts in order to recover the sum of money due to them.

The EU’s Brussels Regulations, which govern the rules on civil and commercial disputes between member states, requires a certain process to be carried out before judgments issued in one member state can be recognised and enforced by other EU jurisdictions.

In order for the judgment to be enforceable, an application was made to court, providing evidence by way of a certificate to confirm the authenticity of the Spanish judgment and a translated version of the document.

Conversion of the sum due, together with costs, also needed to be undertaken.

Once the court order was obtained, the judgment was capable of being served on the defendants as a recognised and enforceable document under the jurisdiction of England and Wales. This subsequently allows enforcement proceedings to be issued through the UK courts if the order is not complied with. This demonstrates the practical steps which are necessary to be taken in order to effect the result of legal documentation issued outside this country.

For more advice and help on this issue, please contact Fiona Hayles on 01242 246 416 or at fhayles@hcrlaw.com

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About the Author
Fiona Hayles, Partner, Head of Banking Litigation
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