Today, it is not just the weather that is extremely hot, but also the anticipation, as the United Kingdom’s hotly-anticipated ratification of the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“the Hague Judgments Convention”) takes effect and the Convention enters into force in England and Wales (NB not Scotland or Northern Ireland).
The Convention was concluded 6 years ago but has only been in force since September 2023 when the first signatories ratified it. This was initially just the EU (minus Denmark) and Ukraine but is now a growing number of the 100 or so members of the Hague Conference.
The full text of the Convention and a status table showing the States where it is in force can be found on the HCCH Hague Conference website here.
The Convention permits international movement of judgments in civil matters by setting common criteria (outside of and separate to the European regime) for the recognition of a judgment obtained in one jurisdiction (referred to as “the State of Origin”) in another jurisdiction (referred to as “the Requested State”). These “bases” are set out in Article 5 and include, in very broad terms and so far as relevant to cross-border injury practitioners: (i) habitual residence or corporate domicile within the State of Origin, (ii) submission to the jurisdiction of those Courts or (iii) damage or injury sustained as a result of an act or omission in the State of Origin. It is important to note that this criteria is much more restricted that the “Tort Gateway” in CPR Practice Direction 6B because it is the act or omission rather than the harm which must be sustained in the jurisdiction.
There are some notable exclusions to the scope of the Convention, most notably in relation to the carriage of passengers and goods as well as interim remedies and default judgments which mean that this is an imperfect solution for litigants hoping to enforce English judgments in foreign states.
No doubt much further commentary will develop on the issue of recognition and enforcement of judgments as the Convention starts to be used in this jurisdiction and beyond.