On 27 June 2024 the UK government ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial matters (“Hague 2019”). It came into force for the UK on 1 July 2025.
What is the Judgments Convention?
The purpose of Hague 2019 is to provide a single and streamlined framework for the recognition and enforcement of judgments between the UK and other contracting states, including all EU member states (except Denmark).
Why does it matter and when does it apply?
Prior to Hague 2019, English judgments were enforceable under the Hague Convention 2005 which, although it did include all EU member states, it only applied where there was an exclusive English jurisdiction clause which had been agreed after Hague 2005 came into effect in the UK (which is a disputed point).
Hague 2019 will bring clarity and consistency to the enforcement of English judgments in EU member states and will increase the number of jurisdictions in which an English judgment can be enforced as well.
It will apply to the recognition and enforcement of English judgments only where proceedings leading to the judgment were issued after the convention came into force for both the UK and the state of enforcement (1st of July 2025 for enforcement in the EU (except Denmark) Ukraine and Uruguay). Albania, Montenegro and Andorra have also joined where it is set to come into force in early 2026.
Certain matters fall outside the scope of Hague 2019, for example insolvency, defamation, privacy, intellectual property, and certain competition claims. Furthermore, even when the subject matter is within scope, not all English judgments will be eligible for enforcement under Hague 2019.
If Hague 2019 applies then enforcement is automatic, save for the limited grounds of refusal. However, Hague 2019 is not exclusive in terms of a contracting state’s ability to enforcement judgments from other contracting states. This means that if a judgment is not eligible for enforcement under Hague 2019, it may still be enforceable under the national rules of enforcement in the relevant state.
Summary
Hague 2019 will simplify and streamline the recognition and enforcement of UK judgments in the courts of contracting states providing welcome certainty as well as reducing the time, costs and legal red tape associated with enforcing cross-border judgments. Any new proceedings commenced in the UK from 1 July 2025, will benefit from straightforward reciprocal enforcement in the EU (and other contracting states). As and when other states introduce Hague 2019, the possibilities for reciprocal enforcement of judgments will also increase.
Our Commercial Dispute Resolution team has a wealth of experience enforcing judgments in different jurisdictions within Europe and further afield. If you require any assistance in this area, please do not hesitate to get in contact.