Hague Judgments Convention 2019: Easing cross-border recognition and enforcement of judgments between all UK nations, the EU & beyond from 1 July 2025
The UK has ratified the Hague Judgments Convention 2019 (the HJC 2019) which took effect today (1 July 2025). This is a significant development for cross-border litigation. When applicable, 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.
Initially, the UK’s ratification of the HJC 2019 on 27 June 2024 extended only to judgments of the courts of England and Wales but the UK subsequently deposited a declaration on 26 March 2025 that this would also extend to Scotland and Northern Ireland. Records of UK parliamentary discussions on 21 May 2024 (see Draft Recognition and Enforcement of Judgments (2019 H - Hansard - UK Parliament) suggest the delay was as a result of internal procedures of the Northern Irish and Scottish administrations rather than a lack of support for the HJC 2019.
Under the HJC 2019, a judgment 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.
This means that if a party issues a claim in the courts of any of the UK jurisdictions on or after 1 July 2025 then the judgment will be enforceable in Country B subject to the terms of 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 has mostly reverted to a patchwork of domestic law following the end of applicability of the Brussels Regulation and Lugano Convention. The HJC 2019 is welcome 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, who have not ratified HJC 2019 (because to do so would require a change in domestic law in the first instance), domestic private international law rules will continue to apply to the cross-border recognition and enforcement of judgments.
(Updated 1 July 2025)
Further to its declaration of 27 June 2024 extending the Convention to England and Wales only, the United Kingdom declares, in accordance with Article 25 and 30, that the Convention shall also extend to Scotland and Northern Ireland.
