Enforcing foreign judgment s: the position in England & Wales

1. Enforcing foreign judgment s:the position in England & Wales Christopher Coffin, Partner and Head of Withers’ International Litigation Practice Group

2. Enforcement in England & Wales • Enforcement of a foreign court judgment requires recognition • Methods of enforcement available include: • Execution against goods (seize and sell assets) • Charging order on land, real estate & shares, followed by sale • Attachment of debts, eg bank account balances • Attachment of earnings of salaried individual • Equitable execution, a court appointed receiver over future income stream (eg royalties)

3. The regimes for recognition & enforcement Three regimes for enforcing foreign judgments in England & Wales • EU & EFTA registration systems • Statutory codes and multi-lateral or bilateral conventions • English common law will recognize and enforce foreign judgments in the absence of any treaty or convention with the originating state – applicable to Russian Federation NB: Separate regime for arbitration awards

4. The English common law approach • Recognition and enforcement NOT based on reciprocity • The doctrine of obligation: a properly given judgment creates an obligation which the English court will recognize and, in appropriate cases, enforce • Conditions for enforcement: • Original court is of ‘competent jurisdiction’ • A final & conclusive judgment • For a fixed sum, not being a tax or penalty • Conditions for recognition

5. Procedure for enforcement under common law • New proceedings issued in the High Court for repayment of the debt created by the Russian judgment • Service of claim on defendant within 4 months if in England & Wales, or within 6 months if not • Permission required to serve defendant outside EU • Defendant has 14 to 28 days to respond to claim • If no response - default judgment available • If defended - summary judgment available • Legal costs & interest on judgment recoverable

6. A court of competent jurisdiction • A court of any level • Jurisdiction is assessed by English rules • Two heads of jurisdiction – either will suffice • Submission by the judgment debtor to the jurisdiction of the original court OR • Sufficient territorial connection between the judgment debtor and the original court.

7. A court of competent jurisdiction - submission Did the judgment debtor submit to the jurisdiction of the original court? • Submission by appearance • Claimed, appeared, defended or counterclaimed • But not if only to contest jurisdiction, request court to decline jurisdiction or to protect property (s33 CJJA 1982) • Submission by agreement • specific & express consent

8. A court of competent jurisdiction - connection • The presence of the judgment debtor within the territorial jurisdiction of the original court at the time proceedings started • For an individual – voluntary presence within the territory • For a company – direct or indirect presence within territory: indirect only through an agent empowered to contract on behalf of the company. • For federal states – where is this presence required to be?