ENFORCEMENT OF FOREIGN JUDGMENTS IN ENGLAND: NO ASSETS, NO PROBLEM?
Enforcement of a foreign judgment in the UK can bring significant advantages to a judgment creditor, irrespective of whether the debtor actually has assets within the jurisdiction. Taking such a step can help increase the pressure on the judgment debtor as well as opening up access to the enforcement tools of the English court, for example worldwide freezing and disclosure orders as well as the possibility of an order under CPR 71 that the debtor be cross examined as to their assets.
Obtaining such an order in circumstances where the debtor themselves are present within the jurisdiction presents few challenges. The position is more complex, however, where the debtor cannot be served within the jurisdiction, requiring a creditor to obtain permission from the court to serve proceedings outside of the jurisdiction pursuant to CPR 3.36. In the case of Tasarruff Meduati Sigorta Fonu v Demirel  EWCA Civ 799 the Court of Appeal held that such permission would not be automatically granted and that in order to obtain permission a claimant creditor would need to show that there was a legitimate benefit to be obtained from enforcement within the jurisdiction.
The full article which can be accessed here sets discusses the mechanisms for obtaining the enforcement of a foreign judgment in England and the implications of the judgment in Derimel
Andrew joined the civil litigation team as a paralegal in November 2015 and has gained experience across the civil team’s core practice areas of civil fraud and commercial litigation. He has a particular interest and expertise in cross-border civil and commercial disputes involving complex issues of jurisdiction and applicable law.
0207 842 1652