Cross-border update: Important changes in the UK for enforcing judgments – where do you stand?

The HJC2019 applies to civil or commercial matters, and applies to the recognition and enforcement of English judgments in other Contracting States in proceedings commenced in an English court on or after 1 July 2025 (and vice-versa).

Importantly, the HJC2019 does not apply to:

• revenue, customs, or administrative matters;
• matters concerning the status and legal capacity of natural persons, maintenance, insolvency, carriage of passengers and goods, defamation, or intellectual property;
• arbitration and related proceedings;
• interim measures of protection (such as interim injunctions);
• judgments arising in relation to exclusive jurisdiction clauses in favour of the State of origin;
• judgments relating to immovable property situated other than in the State of origin; or
• judgments awarding damages (including exemplary or punitive damages) that do not compensate a party for actual loss or harm suffered.

Further, to establish grounds for recognition and enforcement under the HJC2019, the judgment will have to satisfy at least one of the grounds set out in Article 5 of the HJC2019. Broadly speaking, these are based on (1) some territorial connection between the defendant and the State of origin, (2) some submission by the defendant to the State of origin, (3) judgments arising in relation to certain contractual obligations, (4) judgments arising in relation to non-exclusive jurisdiction clauses in favour of the State of origin, (5) judgments arising in relation to certain non-contractual obligations (but not in respect of intangible property or pure economic loss), and/or (6) judgments concerning certain trusts.

Further still, Article 7 of the HJC2019 sets out various circumstances in which the recognition and enforcement of a judgment may be refused (without extending to a review of the merits of the judgment). These circumstances may potentially be raised by a defendant as defences to recognition and enforcement.

Under Article 9 of the HJC2019, where only part of a judgment is enforceable under the HJC2019 and is capable of being severed from the non-enforceable part, the judgment may be enforced in part.