From 1 July 2025, it has become simpler for individuals and businesses to enforce foreign court judgments in the UK, thanks to the UK’s ratification of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019).
This may sound technical, but it has real-world implications for international trade, contracts, and cross-border disputes. Here’s what you need to know.
Why does this matter?
After Brexit, the UK was no longer part of the EU’s system for automatically recognising and enforcing court judgments between member states. That created uncertainty for anyone involved in cross-border legal disputes, when there wasn’t an exclusive jurisdiction clause.
The 2019 Hague Convention helps fill that gap by setting out clear rules for how court judgments from one country can be recognised and enforced in another.
When does it apply?
- Effective from: 1 July 2025
- Applies to: Cases where legal proceedings begin on or after that date
- Contracting states: The UK all EU member states (except Denmark), Ukraine, Uruguay, Mexico, Singapore, Montenegro, Ukraine, Moldova, Albania, Switzerland, North Macedonia and Bahrain
How does it work?
If you have a civil or commercial court judgment from a country that has signed the Convention, and you need to enforce it in the UK, the Convention provides a streamlined process to make that happen.
What kinds of cases does it cover?
The Convention covers a wide range of civil and commercial disputes, such as:
- Business contracts
- Property disputes
- Tort claims (e.g. negligence)
But it does not apply to areas like:
- Family law (divorce, child arrangements)
- Insolvency
- Defamation
- Privacy
- Intellectual property
- Arbitration
When is a foreign judgment eligible for enforcement?
A judgment from one contracting state must be recognised and enforced in another if it meets at least one of the following criteria (under Article 5 of the Convention):
- The defendant’s habitual residence or principal place of business was in the country that issued the judgment
- The parties agreed (explicitly or implicitly) to that country’s courts having jurisdiction
- The claim concerned a contract performed, or a wrong committed, in the issuing country
- There was a court agreement allowing for that jurisdiction (even if non-exclusive)
Can the UK courts ever refuse to enforce a judgment?
Yes – there are a few limited situations where a UK court might say no. These include:
- The defendant wasn’t properly notified of the foreign court case
- The judgment was obtained by fraud/deception
- Enforcing it would go against UK public policy
- There’s a conflicting UK court decision
- The judgment includes excessive “punitive” damages, not compensating actual harm
- There’s already an appeal or connected case ongoing
What do you need to enforce a foreign judgment in the UK?
You’ll need to follow UK enforcement rules (specifically Civil Procedure Rule 74) and provide:
- A certified copy of the foreign judgment
- A certificate confirming it’s enforceable in the original country
- A translation (if not in English)
Final thoughts
For individuals and businesses dealing with cross-border matters, the Hague 2019 Convention adds welcome certainty and efficiency. It creates a clearer pathway for enforcing judgments internationally, helping to reduce legal risk and costs.
If you’re involved in any international dispute, or drafting contracts with overseas elements, it’s worth speaking to a legal expert to make sure you’re protected under the new rules.
