United Nations treaty on international child abduction becomes effective in the United Kingdom in 2019.
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters has come into force in the UK, streamlining the process of enforcing judgments between the UK, EU member states, and other contracting states. As of 1st July 2025, the convention applies to final judgments in civil and commercial matters issued on or after this date.
The main criteria for the application of the convention are set out in Articles 5 and 6. These criteria establish the jurisdictional filters that determine when a judgment is eligible for recognition and enforcement.
Key criteria include:
- The judgment must have been given by a court in a contracting state.
- Recognition and enforcement require that the judgment be enforceable in the state of origin and have effect there.
- One or more of the bases in Article 5 must be met, such as the defendant being habitually resident in the state of origin at the time proceedings commenced, expressly consenting to the jurisdiction of the court of origin, appearing and arguing the merits without contesting jurisdiction within the statutory timeframe, or the judgment arising from a court designated in a non-exclusive jurisdiction agreement.
- Article 6 provides an exclusive filter for judgments concerning rights in rem in immovable property, requiring jurisdiction to be based on the location of the property.
Recognition or enforcement may be refused only on the limited grounds specifically provided by the Convention, such as if enforcement would be manifestly incompatible with public policy or a judgment is under review in the originating state. The convention supplements, but does not prevent or limit, recognition and enforcement under national laws, bilateral or regional treaties (except Article 6).
The convention does not cover interim measures such as freezing injunctions and does not apply to certain types of proceedings, including insolvency, defamation, privacy, intellectual property, and some competition matters.
The entry of the 2019 Hague Convention into force in the UK simplifies the enforcement of judgments between the UK and EU member states (and Ukraine). The convention makes it significantly more difficult for a defendant to resist or delay the cross-border enforcement of a judgment where it applies.
The convention goes a significant way towards replacing the system of enforcement provided for in the Recast Brussels Regulation. As of 7th August 2025, the convention has come into force in 30 contracting states, including all 27 EU member states, the UK, Ukraine, and Uruguay. The convention will also come into force in 2026 in Albania, Andorra, and Montenegro.
However, it is important to note that the convention does not yet apply to the US, Russia, Israel, and Costa Rica, as these countries have signed the convention but have not yet ratified it. The article does not necessarily reflect the present state of the law or relevant regulation. The article reflects the state of the law and relevant regulation as of the date of its publication.
In summary, the 2019 Hague Convention provides a simplified framework for the recognition and enforcement of civil judgments between contracting states, including EU member states and the UK. The convention's application ensures mutual recognition primarily for civil or commercial judgments based on specific jurisdictional connections or consent, subject to limited exceptions primarily tied to public policy or procedural fairness.
- The 2019 Hague Convention does not cover intellectual property matters within its scope of application, as stated in the text.
- In the event a judgment involves rights related to intellectual property, national laws, bilateral or regional treaties might still be utilized for recognition and enforcement, as mentioned in the text.
