The UK government has ratified the 2019 Hague Convention, a significant step towards the cross-border recognition and enforcement of judgements on civil and commercial matters. It becomes effective in England and Wales as of 1 July 2025. Whilst the Hague 2019 Convention will initially only come into force in England and Wales, there is the possibility it will be extended to Scotland and Northern Ireland in the future.
Prior to the UK’s withdrawal from the European Union, EU rules, known as the Brussels Regulation, governed the enforcement of civil and commercial judgements between the UK and other EU member states. However, these rules no longer apply to any proceedings started after the end of the Brexit transition period on 31 December 2020. Effectively, this has left no structured system for the reciprocal enforcement of judgments between the UK and EU member states. As a result, the enforcement of English judgments in other EU states largely depends on the state’s internal, local laws unless the 2005 Hague Convention applies, which is limited to exclusive jurisdiction agreements.
The loss of a structured system for the reciprocal enforcement of judgments has significantly complicated matters for parties involved in civil or commercial cases covering the UK and other EU member states. Some have even had to resort to commencing proceedings in both the UK and relevant EU state to obtain equivalent judgments.
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters provides contracting states with a structured approach for recognising and enforcing cross-border judgements, effectively replacing the framework provided by the Brussels Regulation.
The Hague Convention 2019 has been ratified by all EU member states (excluding Denmark), Ukraine, and Uruguay (effective from 1 October 2024). Several signatories are yet to ratify the Convention, including the USA, Israel, Costa Rica, Russia, Montenegro, and North Macedonia.
Between the existing contracting states and current signatories, the 2019 Hague Convention presents a significant opportunity to expand cross-border recognition of commercial and civil judgements, enabling UK judgements to be enforced in more jurisdictions.
Under the 2019 Hague Convention, one contracting state (the requested state) will recognise and enforce the judgement of another contracting state (the State of Origin) without needing to assess the merits of the case so long as specific conditions are met. Contracting states can make an exception in cases of fraud, breach of public policy, or if there has not been a fair trial. Certain legal matters are also excluded from the Hague Convention 2019, such as insolvency, arbitration, and punitive damages.
The 2019 Hague Convention will only apply to cases commenced after it comes into force on 1 July 2025. If you are dealing with a cross-border civil or commercial legal matter, Scott Bailey’s highly skilled litigation solicitors are here to provide expert legal advice on your current options. Contact us today to arrange a consultation.
