Foreign Judgments (Reciprocal Enforcement) Act 1933

Recognition and enforcement of foreign judgments is available in England to execute money judgments emanating from a number of countries utilising the expedited procedures made available by the Foreign Judgments (Reciprocal Enforcement) Act 1933. Judgments qualifying under this legislation must be enforced under this legislation, and may be enforced within 6 years of the original judgment.

Judgments from countries and territories such as the Island of Guernsey, Isle of Man, Israel, Jersey, India and Pakistan may be enforced in England using this legislation.

A judgment of a foreign court recognised by the Act may be registered in England where the foreign judgment is:

1. a final and conclusive judgment.
2. for the payment of money, which is not derived from taxes or penal in nature.
3. given by a superior court of record in the foreign jurisdiction, and not simply arise from an appeal to a superior court. The judgment must not arise from enforcement proceedings stemming from a judgment in another jurisdiction.

English courts are deemed to have jurisdiction under the Act where the defendant in the foreign proceedings (1) submitted to the jurisdiction of English courts, (2) has its principal place of business in the jurisdiction, (3) has a place of business or an office in the jurisdiction, or (4) agreed that English courts would be the forum for disputes.

Application to enforce must be made within 6 years of the judgment. After registration, the judgment is treated as if it is a judgment of an English Court. Judgment is usually entered in the foreign currency, and payments in sterling are converted to the foreign currency as at the date of payment. The applicant is entitled to its costs of enforcement and interest upon the judgment in accordance with the rate usually applicable to English decisions.

Usage: The claimant was required to adopt the procedure made available by the Foreign Judgments (Reciprocal Enforcement) Act 1933 for enforcement of the foreign judgment.

Related Words: foreign judgment; res judicata; locus standi; recognition of foreign judgments; cause of action estoppel; issue estoppel; enforcement of foreign judgments; Administration of Justice Act 1920; Brussels Regulation.