How to enforce a US judgment in the UK

The enforcement in the UK of a judgment in personam ordered by a US judge in the US courts can be a fairly straightforward process.  Despite the close historic and commercial links with the US and the UK, there is no treaty or convention that provides for the reciprocal process for enforcing judgments.  The process is governed by the English principles of common law.

• The judgment is considered as a simple contract debt between the parties.  The UK courts will then enforce the debt.  New proceedings will need to be issued, but generally speaking the court will not re-try the merits of the case.  Unfortunately, the judgment cannot be enforced directly via execution or any similar direct enforcement process, e.g. bailiffs and sheriff under a warrant of execution initially.
• The court will require criteria to be met to enforce the US debt as follows:
  • The US court must have had international jurisdiction according to English conflict of laws rules in relation to the original US court order;
  • The sum must be for an ascertainable and definite sum;
  • The US judge must have ordered that the sum be final and conclusive;
  • If there is an appeal, it is likely that the UK court will stay the enforcement process pending the appeal;
  • A US judgment obtained by fraud will not be recognized by the UK court.  This is an exception to the general rule that the UK court will not reconsider the issues relating to the alleged fraud;
  • A UK court will not enforce a judgment that is contrary to UK public policy; and
  • A UK court will not enforce a US judgment obtained contrary to its principles of natural justice- e.g. where sufficient notice of the proceedings were not given to the Defendant to properly defend the action.  Each case will of course be considered on the merits.  However, if the proceedings have been conducted fairly and in accordance with the laws of the relevant US court, then the UK court is not likely to refuse to enforce the order.  The judgment debtor has to discharge the burden of proof in accordance with the criteria.

Generally speaking, a judgment in personam of a US court of competent jurisdiction which is final and conclusive will be treated as such by the UK court.  A Claimant can apply for Summary Judgment on the grounds that the Defendant has no real prospect of successfully defending the Claim.  This is a shorter and simpler way of obtaining a judgment in the UK.  This is similar to the mechanism in the US courts commonly used to enforce judgment debts.