UK ratifies the Hague Judgments Convention 2019: Easing cross-border recognition and enforcement of judgments between England & Wales, the EU & beyond

The UK has ratified the Hague Judgments Convention 2019 (the HJC 2019) with effect from 1 July 2025, which is a significant development for cross-border litigation. When applicable, the HJC 2019 will mitigate post-Brexit uncertainty as to enforcement of English judgments in the EU (save Denmark), alongside the Hague Convention on Choice of Court agreements of 30 June 2005 ratified by the UK in September 2020. 

The UK’s ratification of the HJC 2019 extends only to judgments of the courts of England and Wales (i.e., not Scotland and Northern Ireland).  Transcripts of UK parliamentary discussions on 21 May 2024 (see Draft Recognition and Enforcement of Judgments (2019 H - Hansard - UK Parliament) suggest that ratification is going to be extended further, since the Northern Irish and Scottish Administrations appear to support the HJC 2019. 

Under the HJC 2019, a judgment is handed down in one contracting state (Country A), provided certain conditions are met (and specific exclusions not met), can be recognised and enforced in another contracting state (Country B) without the courts of Country B reviewing the merits of the case (article 4(2)) unless it is “manifestly incompatible” with Country B’s public policy. 

If a party issues a claim in the Courts of England and Wales after 1 July 2025 under an agreement that contains a non-exclusive or asymmetric jurisdiction clause, then the judgment will be enforceable subject to the terms of the HJC 2019. There are only limited defences to enforcement and the enforcing court is not permitted to review the merits of the original judgment.

The HCJ 2019 will apply to judgments in civil and commercial proceedings, e.g., where Country A is the place of performance of contractual obligations or the place of administration of a trust. Excluded subject matters include: capacity of individuals, validity of legal persons (e.g., corporate entities) and their decisions, family law matters, wills, succession, insolvency, and arbitration (Articles 1 and 2). Interim measures are also explicitly carved out from the definition of “judgment” meaning the HJC 2019 cannot be used to enforce interim injunctions (e.g., freezing orders). 

Post-Brexit, the recognition and enforcement of EU Member State judgments in England and vice versa have mostly reverted to a patchwork of domestic laws following the end of applicability of the Brussels Regulation and Lugano Convention. The HJC 2019 is welcomed in partially addressing the enforcement gap left by the UK’s departure from the EU, but the ending of the applicability of the Lugano Convention, applicable to the EFTA states of Switzerland, Norway and Iceland remains unaddressed at least for so long as these states remain outside the Hague framework.

For states, such as Switzerland, that have not ratified the HJC 2019 (because doing so would require a change in domestic law first), the cross-border recognition and enforcement of judgments within the scope of application of the HJC 2019, domestic private international law rules will continue to apply.