Category: Enforcement

EU guidance on no deal Brexit suggests increased risk Hague Convention on Choice of Court Agreements won’t apply to exclusive English jurisdiction clauses agreed pre-Brexit

25 April, 2019

As we have previously noted, there is some uncertainty over whether, following a no deal Brexit, EU27 countries will apply the 2005 Hague Convention on Choice of Court Agreements where an exclusive English jurisdiction clause was agreed before exit day.… Read more

Article published – Brexit extension until 31 October 2019: what are the key points for disputes?

23 April, 2019

Now that the UK and the EU have agreed a further extension of Article 50 until 31 October 2019, parties have more time to consider, and in some cases reduce, the potential impact of a no deal Brexit on any… Read more

UK suspends accession to Hague Choice of Court Convention

1 April, 2019

On Friday last week (29 March 2019), the depositary for the 2005 Hague Convention on Choice of Court Agreements issued a notice communicating that the UK's accession to the Convention is suspended until 13 April or 23 May 2019, depending… Read more

New decision tree on enforcement of English judgments in the EU27 post-Brexit

26 March, 2019

Amidst the ongoing uncertainties in relation to both the nature and timing of Brexit, we have published a new decision tree on enforcement of English judgments in the EU27 post-Brexit. It is intended to act as a quick reference guide… Read more

Upcoming webinar – Cross Border Litigation Update

20 February, 2019

On Wednesday 27 February 2019 (1.00 - 2.00pm GMT), Anna Pertoldi and Gary Milner-Moore will deliver the latest in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes. This webinar will examine a… Read more

Draft Civil Procedure Rule changes in the event of a no deal Brexit

18 February, 2019

The government has published a draft statutory instrument, the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, which makes amendments to the CPR that are consequential on the various other civil justice measures that are to be implemented in… Read more

Article published – No-deal Brexit and disputes: what do parties need to know?

22 January, 2019

If the UK leaves the EU without a deal on 29 March, what impact will that have on court proceedings? Different questions arise depending on the stage reached in the disputes process. Anna Pertoldi has published a post on Practical Law’s… Read more

Application of the Brussels regime post-Brexit

21 January, 2019

The government has published a draft statutory instrument addressing, among other things, the question of how the UK courts will, post-Brexit, treat questions of jurisdiction involving EU member states and the enforcement of judgments given by EU member state courts, assuming… Read more

UK deposits instrument of accession to Hague Convention on Choice of Court Agreements

4 January, 2019

On 28 December 2018, the UK deposited its instrument of accession to the Hague Convention on Choice of Court Agreements 2005. The Convention will therefore come into force for the UK on 1 April 2019, in accordance with article 31… Read more

Brexit, deal or no deal: a litigator’s perspective

29 November, 2018

Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for the UK’s withdrawal from the EU on 29 March 2019 and the draft Political Declaration on the future relationship between the… Read more

Applying the Hague Choice of Court Convention post-Brexit

8 November, 2018

The government has set out how it plans, in the event of a "no deal" Brexit, to ensure that the UK will continue to apply the Hague Choice of Court Convention, which currently applies to the UK by virtue of its… Read more

High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants

1 November, 2018

The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be enforced, does not apply where a defendant is domiciled outside of the EU: Integral… Read more

Court of Appeal holds no permission required to serve committal application on director out of the jurisdiction, where the court had jurisdiction to make the original order against him

4 October, 2018

The Court of Appeal has held that, where a court had jurisdiction to make an order for examination of a company director based on his presence in the jurisdiction, permission to serve out of the jurisdiction was not required for… Read more

Article published – Choosing a jurisdiction clause with Brexit on the horizon

7 September, 2018

With the uncertainties surrounding Brexit, it can be difficult to know what dispute resolution clause to choose to govern commercial contracts that will continue in force once the UK leaves the EU next March, particularly where it may be necessary… Read more

Brexit White Paper reiterates aims for civil judicial cooperation

12 July, 2018

The UK government has today published its White Paper detailing its proposal for the future relationship between the UK and the EU. The short section on civil judicial cooperation echoes the aims set out in the government's Framework for the… Read more

Agreement reached in principle on Brexit transitional provisions for jurisdiction and enforcement of judgments

21 June, 2018

On 19 June, the UK and EU negotiators published a joint statement outlining the progress made on the draft Withdrawal Agreement since it was last published in March 2018. The joint statement confirms that agreement has been reached in principle… Read more

UK publishes framework for UK-EU partnership on civil judicial cooperation

14 June, 2018

On 13 June, the UK government published a presentation setting out its proposals for continued judicial cooperation once the UK leaves the EU. The presentation is part of a series produced by the UK negotiating team for discussion with the… Read more

EU’s revised proposals for enforcement of judgments post-Brexit

19 March, 2018

On 15 March, the European Commission published a revised version of the draft withdrawal agreement it had previously published on 28 February 2018 (see our summary of the original terms relating to jurisdiction, choice of law and enforcement of judgments here). The revised… Read more

Choice of law, jurisdiction and enforcement of judgments post-Brexit: No surprises in EU’s draft withdrawal agreement

6 March, 2018

So far as choice of law, jurisdiction and enforcement of judgments are concerned, the EU's draft withdrawal agreement, published last week, is largely consistent with its previously declared negotiating position, as set out in its June 2017 position paper outlined… Read more

Cross-Border Litigation – international perspectives

8 November, 2017

We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm's leading commercial litigators across the globe, the… Read more

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

24 August, 2017

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… Read more

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

30 June, 2017

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… Read more

Upcoming webinar – International Litigation Update

12 October, 2016

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… Read more

Article published – Enforcing judgments in the EU post Brexit

1 July, 2016

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… Read more

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

12 April, 2016

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… Read more

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

21 January, 2016

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… Read more

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

22 October, 2015

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… Read more

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

13 August, 2015

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… Read more

Article published on enforcing foreign judgments

27 May, 2015

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… Read more

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

6 March, 2015

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… Read more

New EU jurisdiction rules apply from 10 January: Do you know where you can sue and be sued?

2 December, 2014

New EU rules on jurisdiction and the enforcement of judgments will apply to proceedings commenced from 10 January 2015, in the form of the recast Brussels Regulation (Regulation (EU) 1215/2012). Though similar in most respects to the original version of… Read more

Commercial Court orders appointment of receivers over foreign assets to assist enforcement

17 October, 2014

The Commercial Court has made an order for the appointment of receivers over the foreign assets of two foreign defendants, as well as ancillary orders it considered necessary to render that order effective, to aid enforcement of a London LCIA arbitration… Read more

Court of Appeal finds proceedings for contempt may be brought against foreign director of corporate party

10 June, 2014

The Court of Appeal has held that proceedings for civil contempt may be brought against a director of a foreign company which is party to proceedings in England and Wales but has not complied with a court order in those… Read more

Recent decisions on when third parties can be required to disclose information under Norwich Pharmacal jurisdiction

25 September, 2013

On two occasions in recent months the courts have considered the extent to which a third party must have been (innocently) involved in wrongdoing before it can be required to provide information under the court's Norwich Pharmacal jurisdiction. The first decision… Read more

Article published on enforcing English judgment debts against companies in financial difficulty

20 September, 2013

In the absence of a statutory insolvency regime, the English courts have historically adopted a "first past the post" approach to the enforcement of judgments by competing creditors. The general rule is that creditors who act speedily and diligently to… Read more

High Court orders foreign defendant to disclose assets worldwide to aid execution

29 May, 2013

The High Court has reaffirmed its jurisdiction under section 37(1) of the Supreme Court Act 1981 to compel defendants who are subject to the court's jurisdiction to disclose their assets worldwide in order to aid execution of a judgment or (as… Read more

Reforms to Brussels Regulation now finalised

12 December, 2012

On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation). The changes had been proposed by… Read more

UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants

1 November, 2012

In Rubin v Eurofinance SA [2012] UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal's unanimous decision and held that the English court would not enforce a judgment made by the New… Read more

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