Foreign Judgments

Abstract

This chapter discusses the items of private international law of foreign judgments covered in part by a number of European regulations and other instruments prior to Exit Day. These are the Brussels I Regulation 44/2001 and the recast Brussels I Regulation 1215/2012; the 1988 Lugano Convention and the 2007 Lugano II Convention; the 1968 Brussels Convention as amended from time to time; and a number of minor Regulations such as the European Enforcement Order Regulation 805/2004. According to the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019 No 479, on Exit Day these instruments are revoked or, in the case of the Conventions given effect by the Civil Jurisdiction and Judgments Act 1982, as amended, repealed. The gap will be filled by the rules of the common law, or by the provisions of a bilateral Convention made under the Foreign Judgements (Reciprocal Enforcement) Act 1933 (or in the case of Cyprus and Malta, presumably by registration under the Administration of Justice Act 1920).