In our previous article, we discussed the merits of the UK Government having announced that it would sign the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “2019 Hague Convention”). In summary, (subject to some exclusions) the 2019 Hague Convention requires contracting states to recognise and enforce civil and commercial judgments given by a court of another contracting state (and, unlike the 2005 Hague Convention, is not limited in its application to the enforcement of judgments given by a court of a contracting state designated in an exclusive jurisdiction agreement). This is welcome, given that it will make the enforcement of judgments easier in the EU and beyond. 

The Government proceeded to sign the 2019 Hague Convention on 12 January 2024. Once the necessary implementing framework is in place to facilitate the operation of the 2019 Hague Convention in England and Wales, it will be ratified and will then come into effect 12 months thereafter.

The Civil Procedure Rule Committee ("CPRC"), which sets out the practice and procedure to be followed in the County Court, High Court and Court of Appeal (Civil Division), is now seeking views on the proposed draft amendments to the Civil Procedure Rules ("CPR"), which will facilitate the operation of the 2019 Hague Convention, as well as the 2005 Hague Convention (also mentioned in our article).

Draft amendments are proposed to CPR Part 74 and Practice Direction 74A. Details of the consultation reveal that it is proposed that parties will be required to register their judgments in order for them to be recognised and enforced under the 2019 Hague Convention, which is consistent with the model for existing regimes (including the 2005 Hague Convention).

Applications for registration would be made to the High Court and there would be a right for a party to challenge and set aside the registration decision before it is enforced. Further, it is proposed that some of the implementing provisions in respect of the 2005 Hague Convention will be amended to align with the approach taken for the 2019 Hague Convention (including changing the manner of challenge to registration from an appeal to an application to set aside).

The proposed changes to the CPR can be found here.

The deadline to submit comments to the CPRC is 13 March 2024.

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For queries relating to complex cross-border, multi-jurisdictional disputes and related issues, including enforcement overseas, please contact a member of our Dispute Resolution team.