Abstract

Recognition and enforcement of foreign judgments at common law. Time to move forward?

Prof. Gerry Maher
University of Edinburgh
United Kingdom

Thursday, 12 September – 2:00 pm
Room W 401, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

This paper will focus on the approach taken by the common law of the UK legal systems to the recognition and enforcement of external judgments. Two factors justify this particular focus. The first is the uncertainty in the post—Brexit era of the UK making any agreement with the EU which would apply a modified or bespoke version of the Brussels I bis Regulation on the enforcement of judgments. The second is the difficulty of predicting the success of the 2018 Draft Hague Conference Convention on the Recognition and Enforcement of Foreign Judgments, both in terms of consensus on a final draft of the Convention and the likely geographical scope of its ratification and accession.

The consequence is that in the UK common law procedures for recognition and enforcement will be increasingly resorted to for some time to come.

This paper will explore whether the common law requires reformulation in the light of this likely increased use, and in particular, whether any of the features of international judgments conventions and statutory enforcement procedures can be adapted for use by the common law.

The paper will therefore critically consider the justifying principle or principles for common law recognition and enforcement that have been previously advanced, (such as comity, reciprocity, and obligation), and will argue for a new basis for enforcement procedures.

It will then consider whether the range of competent or indirect bases of jurisdiction should be extended to reflect the bases of jurisdiction used in international conventions, and a similar approach will be taken in respect of defences to actions for enforcement.

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Thursday, 12 September – 2:00 pm
Room W 401, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

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