Given London’s status as a financial centre, England is a sensible venue to explore when considering where to enforce a court decision.

The procedure for enforcing the judgment of a foreign court is to bring a separate claim in the English courts. The English courts will treat the foreign judgment as creating a debt between the parties rather than requiring the matter to be re-litigated on the merits.

If the defendant is domiciled outside England & Wales it will be necessary to apply to the court for permission to serve the claim form upon the defendant out of the jurisdiction. The fact that a claim is brought to enforce a foreign judgment is a basis upon which the court may serve the claim form out of the jurisdiction. Although such permission is always subject to the discretion of the Court, it will likely be granted if the debtor has assets in this jurisdiction.

If the conditions for enforcement are met, the usual procedure is to apply for summary judgment on the claim, which in most cases is a straightforward and relatively cheap
procedure.

Please follow this link to read the full bulletin prepared by Robert Dougans and Nabeel Osman.