Cross-Border Enforcement Guideline - UK (England and Wales）
2025-08-19
CIVIL AND COMMERCIAL JUDGMENTS
（ONE）With which jurisdictions does this jurisdiction have reciprocal arrangements for enforcement of civil and commercial judgments?
The United Kingdom enforces foreign civil and commercial judgments under several statutory frameworks and international treaties, with the applicable regime depending on the country of origin and the date proceedings were commenced.
The United Kingdom has reciprocal enforcement mechanisms for foreign civil and commercial judgments through several statutory frameworks and international treaties. Under the Administration of Justice Act 1920, the UK maintains enforcement arrangements with certain Commonwealth countries, including Australia, Canada, India, New Zealand, Pakistan, and various Caribbean nations (for a list of such countries, see the Administration of Justice Act 1920). The Foreign Judgments (Reciprocal Enforcement) Act 1933 extends similar recognition to judgments from Austria, Belgium, France, Germany, Israel, Italy, the Netherlands, Norway, and Suriname, among others.
Post-Brexit, the UK no longer automatically enforces EU judgments under the Brussels I Regulation (Recast), but it has acceded to the 2019 Hague Judgments Convention, which facilitates enforcement with other contracting states, including Ukraine, Uruguay, and certain EU members (though not all have ratified it yet). Additionally, the UK has bilateral treaties with Canada (1984 UK-Canada Convention) and Israel (1971 UK-Israel Agreement). Judgments from Singapore may also be enforceable under common law or limited statutory recognition.
（TWO）If there is no reciprocal arrangement, is it still possible to enforce a foreign civil and commercial judgment?
Yes, foreign civil/commercial judgments (such as those from the United States or China) can be enforced in England and Wales under the common law regime when no reciprocal arrangements exist, but specific criteria apply:
Fresh proceedings required: A new claim must be filed in the High Court under Part 74 of the Civil Procedure Rules, treating the foreign judgment as evidence of a debt. This process is more time-consuming than treaty-based enforcement.
Key Criteria for Enforcement-The foreign judgment must be (1) Final and conclusive (no further appeals or revisions possible in the originating court); (2) For a definite sum of money (non-monetary judgments, fines, or tax penalties are excluded); (3) Determined on the merits (the foreign court must have assessed facts and applied legal principles); (4) From a court with jurisdiction: under English conflict-of-law rules (e.g., defendant was present in the foreign jurisdiction or submitted to its courts).
（THREE）What is the approximate time required to register and enforce a foreign civil and commercial judgment if unopposed?
If a foreign civil and commercial judgment is unopposed, the approximate time required to register and enforce it in England and Wales is 2 to 6 months. This time-frame generally applies to judgments that fall under statutory or treaty-based regimes, such as the Foreign Judgments (Reciprocal Enforcement) Act 1933 or the Administration of Justice Act 1920, where the process is more streamlined and involves registration rather than full litigation.
For judgments enforced under the common law regime (where no reciprocal arrangement exists), the process involves issuing a fresh claim in the English Court. While there is no explicit standard time-frame for common law enforcement, it is generally understood to be more time-consuming and costly than registration regimes, but if unopposed, it can often be completed in around a year’s time, depending on court schedules and service requirements.
（FOUR）What is the approximate time required to register and enforce a foreign civil and commercial judgment if opposed?
While some opposed enforcement proceedings may be expected, the process may take 12–18 months or longer, especially if the case is complex or vigorously contested. Delays are not uncommon, and each case will depend on its specific facts and the court’s schedule. This is due to factors such as : (1) The time required for the judgment debtor to file objections or applications to set aside registration; (2) The need for the court to schedule and hear arguments from both parties, which can be delayed by court backlogs; (3) The possibility of complex legal arguments (such as jurisdictional challenges or public policy issues) that require additional hearings or evidence; and (4) Potential parallel applications for freezing injunctions and appeals, which can further prolong the process.
（FIVE）What is the approximate cost of registering and enforcing a foreign civil and commercial judgment (including court fees and other disbursements) if unopposed?
The cost of registering and enforcing a foreign civil and commercial judgment in England and Wales, if unopposed, is generally modest compared to contested proceedings. Court fees for registration are not always fixed and can depend on the amount of the claim, with higher-value judgments typically attracting higher court fees in line with the current court fee schedule, which is capped at GBP 10,000.00. In addition to court fees, the main expense will be legal fees for solicitors and barristers.
Other potential disbursements, such as translation costs or process server fees, may also arise but are generally not significant in simple cases. Overall, for an unopposed application, the total cost is usually manageable for most commercial parties, with the majority of the expense coming from legal fees rather than court charges. However, costs can increase if the case is unusually complex or requires additional professional input. For an accurate estimate tailored to a specific situation, it is advisable to consult a solicitor who is experienced in cross-border enforcement.
（SIX）What is the approximate cost of registering and enforcing a foreign civil and commercial judgment (including court fees and other disbursements) if opposed?
If the registration and enforcement of a foreign civil and commercial judgment in England and Wales is opposed, the total cost can be significant. Court fees themselves-such as for filing applications, additional hearings, and other procedural steps-are set by the court and can be incurred in addition to the main proceedings depending on the nature of the applications involved, with rates adjusted periodically for inflation.
However, the primary driver of cost in opposed cases is legal fees, which can rise substantially due to the need for solicitors to prepare detailed submissions, respond to objections, manage evidence, and attend hearings. Barrister fees are also likely to be incurred for advocacy and advice, especially if the matter proceeds to a contested hearing, and these can add considerably to the overall expense.
In general, the total cost of an opposed enforcement action is often many times higher than an unopposed case and can quickly become substantial, especially if the proceedings are lengthy or involve complex legal or factual issues. For a precise estimate, it is essential to consult a solicitor, as the costs will depend on the circumstances, the complexity of the opposition, and the court’s timetable.
（SEVEN）Are there any unusual difficulties in enforcing a foreign civil and commercial judgment?
Enforcing a foreign civil and commercial judgment in England and Wales can present several significant and sometimes unusual difficulties, particularly for judgments from countries without a reciprocal enforcement regime or where the common law regime applies. The process is not always straightforward and often involves complex jurisdictional and procedural hurdles. For example, the English Court will only enforce a foreign judgment if the foreign court had jurisdiction over the defendant according to English law principles, not merely the foreign court’s own rules. This means the defendant must have been present in, or have submitted to, the foreign jurisdiction, or have agreed to it contractually.
Moreover, not every foreign judgment will be enforceable. There are several potential defences to enforcement, such as lack of proper notice to the defendant, denial of a fair hearing, fraud, or conflicts with English public policy. The judgment must also be final, conclusive, and for a definite sum of money. Given these complexities, early and careful scrutiny of both the judgment and the circumstances of the original proceedings is essential to assess enforceability and avoid wasted time and costs.
（EIGHT）If there is no treaty or reciprocal arrangement, can the court of the relevant jurisdiction, through civil proceedings, recognise and enforce an effective judgment from Mainland of China?
Yes, it is possible that the English Court may still recognise and enforce an effective judgment from Mainland of China through civil proceedings even if there is no formal agreement or reciprocal arrangement between the UK and Mainland of China. The UK and Mainland of China do not have a treaty or statutory regime for mutual recognition and enforcement of judgments. Instead, enforcement is governed by English common law principles.
Under this regime, a Chinese mainland judgment can be enforced in England and Wales by bringing fresh proceedings in the English Court. The Chinese mainland judgment serves as evidence of a debt, and the claimant must file a new claim seeking recognition and enforcement of that judgment. The English Court will consider whether the Chinese mainland Court had jurisdiction according to English law, whether the judgment is final and conclusive, and whether it is for a definite sum of money. The court will also ensure that enforcement would not be contrary to public policy, natural justice, or tainted by fraud.
（NINE）Which types of foreign civil and commercial judgments can be recognised and enforced in this jurisdiction?
The types of foreign civil and commercial judgments that can be recognised and enforced in England and Wales are generally final monetary judgments-that is, judgments requiring the payment of a definite sum of money.
Non-monetary judgments-such as injunctions, declarations, or provisional measures-can be recognised for certain legal purposes but are not typically enforceable under English common law.
In summary, final and conclusive monetary judgments from foreign courts, where the foreign court had proper jurisdiction, are the primary type recognised and enforced in English jurisdiction.
（TEN）What methods and channels are available for investigating the judgment debtor’s assets? What can lawyers do in relation to asset investigations?
The process typically starts with searches of public databases: the Land Registry is used to identify real estate holdings, Companies House filings reveal company directorships and shareholdings, and vehicle and marine registries can confirm ownership of cars, boats, and other high-value assets etc. Court records and bankruptcy filings may also be checked for liens, judgments, or insolvency events.
For more complex cases or where assets are suspected to be concealed, solicitors may advise to engage relevant personnel who may employ advanced asset tracing methods. These include reviewing bank transactions, tax filings, and property deeds, as well as analysing patterns of financial activity to detect transfers to offshore accounts or the use of trusts and shell companies to obscure ownership. When necessary, private investigators or forensic accountants are engaged to conduct in-depth analysis, leveraging both open-source intelligence and proprietary databases to track down assets in the UK and internationally.
（ELEVEN）What is the framework and standard for attorneys’ fees for the enforcement of foreign civil and commercial judgments? Is contingency fee possible?
Attorneys’ fees for enforcing foreign civil and commercial judgments in England and Wales are typically charged on an hourly basis, with total costs depending on the case’s complexity and the lawyers’ seniority. If enforcement is successful, the court may order the losing party to pay reasonable legal costs, but the recoverable amount is subject to the court’s assessment and may not cover all actual expenses. Additional disbursements, such as court and translation fees, are generally recoverable as well.
Contingency fee arrangements-known as damages-based agreements (DBAs) in the UK-are theoretically possible for this type of work, allowing lawyers to take a percentage of the amount recovered if enforcement is successful. However, DBAs are strictly regulated and rare in practice. There are caps on the percentage lawyers can charge (typically up to 50% of the recovered sum). These agreements must comply with statutory requirements to be enforceable, and not all law firms offer them for judgment enforcement. Therefore, while contingency fees are possible in principle, they are not common but can be discussed in detail with potential legal representatives.
ARBITRATION AWARDS
（TWELVE）Is this jurisdiction a party to the New York Convention?
Yes, English jurisdiction (England and Wales) is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This means that arbitral awards made in other Convention countries can be recognised and enforced in England and Wales, and vice versa.
The UK has incorporated the Convention into its domestic law, and the English Court regularly enforces international arbitration awards under this framework. This status is unaffected by Brexit, and the New York Convention remains the primary legal basis for the enforcement of foreign arbitral awards in England and Wales.
（THIRTEEN）What is the approximate time required to register and enforce a foreign arbitration award if unopposed?
If unopposed, registering and enforcing a foreign arbitration award in England and Wales is generally a straightforward and efficient process, with enforcement typically proceeding quickly once the court grants permission and no objections are raised. Delays are rare unless complications arise.
（FOURTEEN）What is the approximate time required to register and enforce a foreign arbitration award if opposed?
If the enforcement of a foreign arbitration award in England and Wales is opposed, the process becomes significantly longer and more complex than an unopposed case. The court will need to consider the grounds of opposition, which may include challenges to the validity of the arbitration agreement, allegations of procedural irregularity, or arguments that enforcement would be contrary to public policy, as set out in Article V of the New York Convention and section 103 of the Arbitration Act 1996.
The opposing party is entitled to file evidence and make submissions, and the court may hold one or more hearings to resolve the issues. This contested process can extend the time-frame considerably. While the exact duration depends on the complexity and nature of the objections, it is common for opposed enforcement proceedings to take several months or more to reach a conclusion, especially if there are extensive arguments or appeals.
（FIFTEEN）What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if unopposed?
The basic court fee for registering a foreign arbitration award is GBP 54, and this does not vary with the value of the award. Additional fixed fees may apply for specific enforcement actions if needed.
For unopposed enforcement of a foreign arbitration award in England and Wales, the applicant is expected to pay a court fee for the initial application, with additional fixed fees for specific enforcement steps if needed. Legal fees are typically less than enforcing a judgment from a foreign court and depend on the complexity and efficiency of the case.
（SIXTEEN）What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if opposed?
When enforcement of a foreign arbitration award in England is opposed, the costs can increase significantly compared to an unopposed case. The main driver of cost is legal fees, as opposed proceedings often require substantial solicitor involvement, preparation of evidence, written submissions, and potentially multiple court hearings. Disbursements such as court fees, process server fees, translation costs, and expert reports may also add to the total, but court fees themselves remain relatively modest and fixed for each step.
（SEVENTEEN）Are there any unusual difficulties in enforcing a foreign arbitration award?
Enforcing a foreign arbitration award in the English Court is generally straightforward due to the supportive approach of English law and the UK’s commitment to the New York Convention. However, unusual difficulties can arise. These include situations where enforcement would be contrary to UK public policy, such as cases involving breaches of consumer protection or statutory rights. Awards may also face delays or refusal if they are being challenged or have been set aside in the country where they were made. Additionally, strict procedural requirements must be met, and enforcement can become more complex if assets are located in multiple jurisdictions. While such obstacles are relatively rare, they can present significant challenges in certain cases.
LIMITATION
（EIGHTEEN）What is that limitation period of the enforcement of foreign civil and commercial judgments or arbitration in this jurisdiction?
The limitation period for enforcing a foreign civil and commercial judgment in English jurisdiction is generally six years from the date the foreign judgment became enforceable. This applies under common law and section 2(1) of the Foreign Judgments (Reciprocal Enforcement) Act 1933. The six-year period is a consistent rule for most foreign judgments, but always check the specific regime that applies to the judgment’s country of origin.
The limitation period for enforcing a foreign arbitration award in English jurisdiction is also six years from the date the cause of action accrued, which is typically the date the award became enforceable.
ENFORCEMENT
（NINETEEN）What papers will be needed for the enforcement of a foreign judgement or arbitration award in this jurisdiction?
To enforce a foreign judgment in English jurisdiction, the applicant must provide an authenticated or certified copy of the foreign judgment, and if the judgment is not in English, a certified translation must also be supplied. Alongside these, a witness statement is required, detailing the parties involved, the grounds for enforcement, the amount outstanding, and any interest claimed. The documents must demonstrate that the judgment is final and conclusive, and include information about pending appeals or stays of execution (if any). These materials are submitted as part of the application to the High Court of England and Wales, following the procedures set out in the Civil Procedure Rules Part 74.
To enforce an arbitration award in the English jurisdiction, the applicant must submit an arbitration claim form (usually Form N8) to the court, accompanied by written evidence. This evidence must include the original arbitration award or a duly certified copy, the original arbitration agreement or a certified copy, and, if these documents are not in English, certified translations. The written evidence should also state the names and last known addresses of both parties and confirm whether the award has been complied with or, if not, the extent of non-compliance. These requirements are set out in the Civil Procedure Rules (CPR 62.18) and are essential for the court to consider the application for enforcement of the award in the same manner as a judgment or order of the court.
（TWENTY）What are the general procedures and methods for assisting the enforcement of a foreign civil and commercial judgement in this jurisdiction (e.g. Third Party Debt Order, Charging Order, Stop Orders, Enforcement of charging order by sale, Writ of Control, Examination of judgment debtor, Winding-up Petition, etc)?
The primary enforcement mechanisms available to judgment creditors in England and Wales are as follows:
(a) Third-Party Debt Orders
Third-party debt orders enable a creditor to recover funds directly from a third party who owes money to the judgment debtor. Under CPR Part 72 and section 40 of the Senior Courts Act 1981, a creditor may apply for an order compelling the third party (often a bank or debtor’s customer) to pay funds held on behalf of the debtor directly to the creditor, effectively bypassing the debtor. This is a common and effective tool for accessing funds held in bank accounts or owed by other parties.
(b) Charging Orders
A charging order secures a judgment debt against specified assets of the debtor, such as land, shares, or securities. Once granted under the Charging Orders Act 1979 and CPR Part 73, the order prevents the debtor from disposing of or dealing with the asset without satisfying the debt. The asset is thus effectively encumbered to protect the creditor’s interest.
(c) Stop Orders
In civil judgment enforcement, a stop order is a court order issued under CPR Part 73.11 which is used to restrain a third party—most commonly a bank, company, or registrar where these interests are registered and held/controlled —from making payments or transferring assets (such as shares or securities) to the judgment debtor. This safeguards the creditor's interest by preventing dissipation of assets under the instruction of the judgment debtor to these third parties while the debt remains unpaid. Stop orders frequently accompany charging orders, providing an added layer of protection to the creditor’s interests, particularly in relation to securities governed by the Charging Orders Act 1979, s.5(4) and the Companies Act 2006, s.794.
(d) Enforcement of Charging Orders – Order for Sale
Following the grant of a charging order, the creditor may seek an order for sale of the charged asset under CPR Part 73.10 and Charging Orders Act 1979, s.3(4). The court exercises discretion in ordering the sale, considering factors such as the debtor’s circumstances, the nature of the asset, and fairness to all parties.
(e) Writs of Control
Writs of control (formerly known as writs of fieri facias until the change effective 6 April 2014 under Tribunals, Courts and Enforcement Act 2007, s.62) empower High Court Enforcement Officers (“HCEOs”) to take control of and sell a debtor’s goods to satisfy the judgment debt. These enforcement proceedings are governed by CPR Part 83 and the Taking Control of Goods Regulations 2013. The writ authorises seizure and sale of tangible assets, and HCEOs may also exercise statutory powers, such as forced entry into commercial premises.
(f) Judgment Debtor Examinations
Creditors may apply under CPR Part 71 and the County Courts Act 1984, s.110 to summon judgment debtors for examination. The debtor will then be required to disclose details of their assets, liabilities, income, and financial position under oath in a court hearing. Non-compliance can result in court sanctions, including committal for contempt, which could potentially make this a possible tool for gathering enforcement intelligence.
(g) Winding-Up Petitions
As a last measure, where the judgment debtor is a company and is unable to pay its debts, the creditor may petition for compulsory liquidation under Insolvency Act 1986, s.122. This remedy may be appropriate when other enforcement actions have failed to secure payment and is subject to strict procedural and substantive requirements, including proving the debtor’s insolvency.
If an individual debtor fails to satisfy a judgment debt and cannot pay their creditors, a creditor may initiate bankruptcy proceedings by presenting a bankruptcy petition to the court, generally where the debt is at least £5,000. The statutory framework for bankruptcy under the Insolvency Act 1986, Part IX governs this process. In particular, section 267 sets out the grounds on which a creditor may petition for bankruptcy, usually based on the debtor’s inability to pay debts as defined in section 268. The procedure and consequences of bankruptcy orders—including estate administration, asset realisation, and discharge—are detailed in sections from 278 onwards. Bankruptcy places the debtor’s assets under the control of a trustee, who realises them for the benefit of creditors, and imposes restrictions on the debtor, making it a serious enforcement remedy of last resort.
（TWENTY-ONE）How to recover the fees and costs of enforcement?
If the applicants successfully enforce a foreign civil or commercial judgment in England and Wales, they are generally entitled to recover the reasonable enforcement costs and fees from the judgment debtor. This includes court fees, enforcement agent (High Court Enforcement Officer) fees, some legal costs for the applications, and reasonable disbursements such as search or registration fees.
These costs would be included in the enforcement application, and the court will typically order that they be added to the judgment debt. However, only costs that are reasonable and properly incurred will be recoverable, and if enforcement is unsuccessful, the applicants may be responsible for their own costs plus the costs of the opposing side.
RATING
（TWENTY-TWO）Overall, is enforcement of foreign civil and commercial judgments in this jurisdiction easy, moderate or difficult?
Overall, enforcement of foreign civil and commercial judgments in England and Wales is generally considered moderate in difficulty. The process is not automatic: a foreign judgment must first be recognised by the English Court before it can be enforced, and this typically involves issuing fresh proceedings or applying for registration, depending on the originating country and applicable legal regime. The courts apply strict requirements regarding jurisdiction, finality, and compliance with English public policy and natural justice, but once these hurdles are cleared, the grounds for resisting enforcement are limited and the courts are generally supportive of enforcement actions.
*Note regarding time/cost estimates throughout this questionnaire:
All time/costs estimates are based on the assumption that the other party fully cooperates with the relevant legal procedures, which rarely happens in practice. Even without opposition, enforcement can face unexpected delays due to changing legislation or bureucratic hold-ups. Additionally, as litigation in this jurisdiction is adversarial in nature, when litigation is involved, the actual time and costs of the relevant legal procedures are in large part determined by the parties' litigation strategies. As such, it is almost impossible to provide a general but accurate cost/time estimate, and clients should instead seek a case-by-case evaluation for more specifically accurate estimates.
