1. London Hong Kong Greenwich New York Geneva Milan New Haven Enforcing foreign judgments: the position in England & Wales Christopher Coffin, Partner and Head of Withers’ International Litigation Practice Group

2. Enforcement in England & Wales Enforcement of a foreign court judgment requires recognition Methods of enforcement available include: Execution against goods (seize and sell assets) Charging order on land, real estate & shares, followed by sale Attachment of debts, eg bank account balances Attachment of earnings of salaried individual Equitable execution, a court appointed receiver over future income stream (eg royalties)

3. The regimes for recognition & enforcement Three regimes for enforcing foreign judgments in England & Wales 1.EU & EFTA registration systems 2.Statutory codes and multi-lateral or bilateral conventions 3.English common law will recognize and enforce foreign judgments in the absence of any treaty or convention with the originating state – applicable to Russian Federation NB: Separate regime for arbitration awards

4. The English common law approach Recognition and enforcement NOT based on reciprocity The doctrine of obligation: a properly given judgment creates an obligation which the English court will recognize and, in appropriate cases, enforce Conditions for enforcement: Original court is of ‘competent jurisdiction’ A final & conclusive judgment For a fixed sum, not being a tax or penalty Conditions for recognition

5. Procedure for enforcement under common law New proceedings issued in the High Court for repayment of the debt created by the Russian judgment Service of claim on defendant within 4 months if in England & Wales, or within 6 months if not Permission required to serve defendant outside EU Defendant has 14 to 28 days to respond to claim If no response - default judgment available If defended - summary judgment available Legal costs & interest on judgment recoverable

6. A court of competent jurisdiction A court of any level Jurisdiction is assessed by English rules Two heads of jurisdiction – either will suffice Submission by the judgment debtor to the jurisdiction of the original court OR Sufficient territorial connection between the judgment debtor and the original court.

7. A court of competent jurisdiction - submission Did the judgment debtor submit to the jurisdiction of the original court? Submission by appearance Claimed, appeared, defended or counterclaimed But not if only to contest jurisdiction, request court to decline jurisdiction or to protect property (s33 CJJA 1982) Submission by agreement specific & express consent

8. A court of competent jurisdiction - connection The presence of the judgment debtor within the territorial jurisdiction of the original court at the time proceedings started For an individual – voluntary presence within the territory For a company – direct or indirect presence within territory: indirect only through an agent empowered to contract on behalf of the company. For federal states – where is this presence required to be?