The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024.

(2) These Regulations come into force on the date on which the 2019 Hague Convention enters into force in respect of the United Kingdom, as determined under Article 28(2)(a) of that Convention, which date will be notified in the London, Edinburgh and Belfast Gazettes.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2.  In these Regulations—

“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(1);

“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague.

Amendments to the Civil Jurisdiction and Judgments Act 1982

3.  The 1982 Act is amended in accordance with regulations 4 to 18.

Interpretation of references to the 2019 Hague Convention and its Contracting States

4.—(1) Section 1 (interpretation of references to the Conventions and Contracting States)(2) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “the 2005 Hague Convention”, for “the Hague” substitute “The Hague”, and

(b) after the definition of “the 2007 Hague Convention” insert—

““the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague;”.

(3) In subsection (3)—

(a) after the definition of “2007 Hague Convention State” insert—

““2019 Hague Convention State”, in any provision, in the application of that provision in relation to the 2019 Hague Convention, means a State bound by that Convention;”, and

(b) in the definition of “Contracting State”, after paragraph (c) insert—

“and

(d) in the application of the provision in relation to the 2019 Hague Convention, a 2019 Hague Convention State.”.

Incorporation of the 2019 Hague Convention

5.—(1) After section 3E(3) insert—

“3F.    The 2019 Hague Convention to have the force of law

(1) The 2019 Hague Convention shall have the force of law in the United Kingdom.

(2) For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H.”.

(2) After Schedule 3GA insert new Schedule 3H which is set out in the Schedule to these Regulations.

Registration and enforcement of judgments under the 2005 Hague Convention

6.—(1) Section 4B (registration and enforcement of judgments under the 2005 Hague Convention)(4) is amended as follows.

(2) For subsection (1) substitute—

“(1) Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed(5) manner for the judgment to be registered.”.

(3) For subsection (3) substitute—

“(3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—

(a) the requirements of Article 13 of the 2005 Hague Convention have been met, and

(b) the judgment—

(i) meets the condition in Article 8(3) of the 2005 Hague Convention, and

(ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.”.

(4) In subsection (5)—

(a) omit the words from “which” to “Convention”, and

(b) after “registered” insert “under this section”.

(5) In subsection (6), for the words from “which” to “Convention” substitute “registered under this section”.

Registration and enforcement of judgments under the 2019 Hague Convention

7.  After section 4B insert—

“4C.    Registration and enforcement of judgments under the 2019 Hague Convention

(1) Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

(2) In subsection (1) “the appropriate court” means—

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session.

(3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that—

(a) the requirements of Article 12 of the 2019 Hague Convention have been met, and

(b) the judgment—

(i) meets the condition in Article 4(3) of the 2019 Hague Convention,

(ii) meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and

(iii) otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention.

(4) The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5) Where a judgment has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(6) A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(7) Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2019 Hague Convention may be enforced.”.

Applications to set aside decisions on registration of judgments under the 2005 Hague Convention

8.  For section 6B (appeals in relation to registration of judgments under the 2005 Hague Convention)(6) substitute—

“6B.    Applications to set aside decisions on registration of judgments under the 2005 Hague Convention

(1) Either party may apply to set aside the decision on an application under section 4B(1).

(2) An application under subsection (1) must be made—

(a) in England and Wales or Northern Ireland, to the High Court;

(b) in Scotland, to the Court of Session.

(3) Where an application under subsection (1) is brought against a decision to register a judgment, the court—

(a) must set aside the decision and refuse to register the judgment if it is satisfied that—

(i) the condition in Article 8(3) of the 2005 Hague Convention is not met, or

(ii) the judgment otherwise does not meet the requirements of the 2005 Hague Convention;

(b) may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies.

(4) Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

(a) must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in Article 8(3) of the 2005 Hague Convention is met,

(ii) the judgment otherwise meets the requirements of the 2005 Hague Convention, and

(iii) none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies;

(b) may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in paragraph (a)(i) is met,

(ii) the requirements referred to in paragraph (a)(ii) are met, and

(iii) one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

(5) Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.”.

Applications to set aside registration of judgments under the 2019 Hague Convention

9.  After section 6B insert—

“6C.    Applications to set aside decisions on registration of judgments under the 2019 Hague Convention

(1) Either party may apply to set aside a decision on an application under section 4C(1).

(2) An application under subsection (1) must be made—

(a) in England and Wales or Northern Ireland, to the High Court;

(b) in Scotland, to the Court of Session.

(3) Where an application under subsection (1) is brought against a decision to register a judgment, the court—

(a) must set aside the decision and refuse to register the judgment if it is satisfied that—

(i) the condition in Article 4(3) of the 2019 Hague Convention is not met,

(ii) none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or

(iii) the judgment otherwise does not meet the requirements of the 2019 Hague Convention;

(b) may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies.

(4) Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

(a) must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in Article 4(3) of the 2019 Hague Convention is met,

(ii) at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,

(iii) the judgment otherwise meets the requirements of the 2019 Hague Convention, and

(iv) none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies;

(b) may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in paragraph (a)(i) is met,

(ii) the requirements referred to in sub-paragraphs (ii) and (iii) of paragraph (a) are met, and

(iii) one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

(5) Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C.”.

Interest on registered judgments under the 2019 Hague Convention

10.  In subsections (1) and (5) of section 7 (interest on registered judgments)(7), after “4B” insert “, 4C, 6B or 6C”.

Provisions supplementary to Article 23 of the 2019 Hague Convention

11.—(1) Section 9 (provisions supplementary to Article 26 of the 2005 Hague Convention)(8) is amended as follows.

(2) At the end of the heading insert “and Article 23 of the 2019 Hague Convention”.

(3) In subsection (1), for the words from “relationship” to “parties” (including the parentheses around those words) substitute “and Article 23 of the 2019 Hague Convention (which make provision for the relationship between those Conventions and other conventions to which Contracting States are or may become parties)”.

Proof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague Convention

12.  After section 11B(9) insert—

“11C.    Proof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague Convention

(1) For the purposes of the 2019 Hague Convention—

(a) a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2019 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown, and

(b) a certificate issued by the court of the 2019 Hague Convention State of origin, in the form recommended for use under the 2019 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 12(3) of the 2019 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2019 Hague Convention State of origin.

(2) A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a) to bear the seal of that court, or

(b) to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

(3) Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.”.

Provision for issue of copies of, and certificates in connection with, United Kingdom judgments

13.  In section 12 (provision for issue of copies of, and certificates in connection with, UK judgments)(10), after “the 2005 Hague Convention” insert “or the 2019 Hague Convention”.

Interpretation of Part 1 of the Civil Jurisdiction and Judgments Act 1982

14.—(1) Section 15 (interpretation of Part 1 and consequential amendments)(11) is amended as follows.

(2) In subsection (1), at the end of the definition of “judgment” insert “or, as the case may be, Article 3(1) of the 2019 Hague Convention”.

(3) In subsection (2), after “4B” insert “, 4C, 6B or 6C”.

Judgments registered under 2005 and 2019 Hague Conventions not to be enforced in other parts of UK as though UK judgments

15.  In section 18 (enforcement of UK judgments in other parts of UK), at the end of subsection (7)(12) insert “, or section 4B, 4C, 6B or 6C of this Act”.

Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes

16.  In section 32 (overseas judgments given in proceedings brought in breach of agreement for settlement of disputes), in subsection (4)(a)(13), for “or the 2007 Hague Convention” substitute “, the 2007 Hague Convention or the 2019 Hague Convention”.

Matters for which rules of court may provide

17.  In section 48(1) (matters for which rules of court may provide)(14), for “the 2007 Hague Convention or the 2005 Hague Convention” substitute “the 2005 Hague Convention, the 2007 Hague Convention or the 2019 Hague Convention”.

Interpretation: general

18.  In section 50 (interpretation: general)(15), at the appropriate place insert—

““the 2019 Hague Convention” has the meaning given by section 1(1);

“2019 Hague Convention State” has the meaning given by section 1(3);”.

Application of provisions of the Civil Jurisdiction and Judgments Act 1982 to judicial settlements under the 2019 Hague Convention

19.—(1) In this regulation, “ judicial settlements” means judicial settlements referred to in Article 11 of the 2019 Hague Convention.

(2) Subject to the modification specified in paragraph (3), sections 4C(16), 6C(17), 7 and 11C(18) of the 1982 Act apply to judicial settlements as if they were judgments.

(3) In the application of section 4C(6) of the 1982 Act to judicial settlements, for “as if the judgment had been originally given” substitute “as if it were a judgment which had been originally given”.

(4) The disapplication of section 18 of the 1982 Act (enforcement of United Kingdom judgments in other parts of the United Kingdom) by section 18(7) extends to judicial settlements enforceable in a 2019 Hague Convention State outside the United Kingdom which fall to be treated for the purposes of their enforcement as judgments of a court of law in the United Kingdom by virtue of registration under the 1982 Act.

(5) Section 48 of the 1982 Act (matters for which rules of court may provide) applies to judicial settlements as if they were judgments to which the 2019 Hague Convention applies.

Saving provision

20.  Where an application was made under section 4B of the 1982 Act before the date on which these Regulations come into force, sections 4B, 6B and 18 of the 1982 Act shall continue to apply to proceedings relating to that application as if the amendments made to those sections by these Regulations had not been made.

Bellamy

Parliamentary Under Secretary of State

Ministry of Justice

24th May 2024