What does the ratification of Hague Convention 2019 mean for the UK?
On 1st July 2025 the Hague Judgments Convention 2019 (the Convention) officially came into force in the UK after having been ratified on 27 June 2024. The Convention concerns the recognition and enforcement of judgments in civil or commercial matters and provides a universal framework for its signatories with regards to how judgments are applied between contracting states.
Background
Following the United Kingdom’s official exit from the EU in 2020, the previous rules governing judicial matters stopped applying to judgments delivered after the end of 2020. This change caused debate and uncertainty regarding the status of English judgments and whether they could still be enforced in foreign courts. To combat this, the UK had rejoined the Hague Convention on Choice of Court Agreements 2005, however this did not quite bridge the gap left by Brexit, as the convention only applies to judgments where there is already a fully exclusive choice of court agreement and was therefore considered too restrictive.
The Convention
The ratification of the Convention is thus very significant. The Convention has been signed and ratified by all EU member states as well as other countries and is seen as a positive step in reestablishing the judicial relationship between the UK and EU. Compared to Hague 2005, the Convention is much wider in scope and provides a range of requirements which, if at least one is met, means that a judgment from the State of origin can be enforced in a Contracting State. The general provisions for recognition and enforcement are set out in Article 4 of the schedule as below:
- A judgment given by a court of a Contracting State (State of origin) shall be recognised and enforced in another Contracting State (requested State) in accordance with the provisions of this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention.
- There shall be no review of the merits of the judgment in the requested State. There may only be such consideration as is necessary for the application of this Convention.
- A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.
- Recognition or enforcement may be postponed or refused if the judgment referred to under paragraph 3 is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired. A refusal does not prevent a subsequent application for recognition or enforcement of the judgment.
The bases for whether a judgment is eligible under the Convention are contained in Article 5, however in essence they relate to factors such as the residency or place of work of the person against whom recognition or enforcement is sought, where performance of an obligation is carried out, express consent to the jurisdiction etc. Whilst there are some exclusions to the types of matters which the convention can apply to (contained in Article 2), overall the Convention provides a clear and comprehensive framework for the recognition and enforcement of judgements and is an important step in restoring the UK’s position in cross border litigation.