On 1 July 2025 the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“the Hague Judgments Convention”) will come into force in the United Kingdom.
This is an important step in the process of enforcing Judgments for the United Kingdom, especially following Brexit, which has caused additional procedural hurdles for parties looking to enforce Judgments in affected member states. From 1 July 2025 it will offer a more straightforward process for recognising and enforcing Judgments from the United Kingdom into other states who have equally contracted to the Hague Judgments Convention. Similarly, where Judgments arise from contracting states, they will be capable of being recognised and enforced in the Courts of the United Kingdom.
To be capable of recognition and enforcement, the Judgment must comply with certain criteria, including
- The Judgment must satisfy certain criteria set out in the Convention on how the Judgment came about.
- It will apply to civil and commercial matters only. For example, it does not include family law or insolvency matters.
- The Judgment must have arisen from proceedings that were commenced on or after the date when the Convention had effect between the respective states. So for a Judgment looking to be enforced in the UK, proceedings giving rise to a Judgment would need to be commenced on or after 1 July 2025.
Other countries where the Hague Judgments Convention applies includes EU Member States (excluding Denmark), Ukraine and Uruguay. Further states are due to join in 2026.
This is a positive step forward in giving more certainty than previously afforded by the current legislation, when looking at the enforceability of judgments across contracting States. Consequently, the process for enforcing Judgments will be less expensive and quicker for the enforcing party where the Hague Judgment Convention applies.