Enforcement

UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and … Continue reading

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EU clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

Yesterday (29 June) the European Commission published its Position Paper on Judicial Cooperation in Civil and Commercial Matters which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should … Continue reading

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Upcoming webinar – International Litigation Update

On Tuesday 18 October (12noon – 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and contacts, focussing on the issues that arise in litigating cross border disputes. In this webinar: Larry … Continue reading

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Filed under Announcements, Choice of law, Disclosure, Enforcement, Jurisdiction

Article published – Enforcing judgments in the EU post Brexit

The UK's anticipated exit from the EU will have implications for many areas, including the enforcement of English court judgments across the EU. The ease (or otherwise) with which judgments may be enforced post-Brexit will depend on what arrangements are … Continue reading

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Singapore takes steps toward ratifying Hague Convention on Choice of Court Agreements

On 4 April 2016, Singapore tabled the Choice of Court Agreements Bill paving the way for ratification of the Hague Convention on Choice of Court Agreements. At the moment the Convention, which aims to uphold jurisdiction clauses and make judgments … Continue reading

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Recent decisions illustrate the difficulty of resisting enforcement of a foreign judgment on grounds which could be raised in the original court

Two recent High Court decisions have shown how difficult it is to resist enforcement of a foreign judgment in England by relying on matters which were, or could have been, raised in the original court. They also show that the … Continue reading

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Commercial Court orders foreign non-resident company officer to be examined under CPR 71 based on temporary presence in jurisdiction

The Commercial Court has refused to set aside an order under CPR 71 requiring a foreign non-resident director to attend court to provide information about the company's assets for the purpose of aiding enforcement of a judgment against the company: Deutsche Bank … Continue reading

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CJEU decision demonstrates high hurdle for resisting recognition or enforcement of EU member state judgment on grounds of public policy

The difficulties of trying to resist recognition of a judgment from another EU member state court on the basis that it is manifestly contrary to public policy have been demonstrated in a recent decision of the Court of Justice of … Continue reading

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Article published on enforcing foreign judgments

Enforcing a foreign judgment is not always a straightforward process. There are defences available to judgment debtors and procedural requirements to comply with. Anna Pertoldi has published a blog post on Practical Law’s Dispute Resolution blog looking at some of the … Continue reading

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Filed under Announcements, Enforcement, Judgments/Orders

Think carefully about how you serve proceedings if you may need to enforce abroad

The High Court has refused recognition / enforcement of a Belgian judgment where the proceedings were validly served under Belgian law but did not come to the attention of the defendants before judgment was entered: Reeve & Others v Plummer … Continue reading

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Filed under Enforcement, Service