Foreign Judgments (Reciprocal Enforcement) Act 1933 (“ the 1933 Act ”)
Foreign Judgments (Reciprocal Enforcement) Act 1933 (“the 1933 Act”)
This extends the recognition of foreign judgments to countries not necessarily forming part of the former dominions and colonies (although it does include some of these), but where there is substantial reciprocity of treatment. It is again limited to sums of money and can be registered in the High Court. Registration again gives the same status as an English judgment for all purposes.
Although the 1933 Act prescribes that a judgment is deemed final and conclusive and can be registered even if there is a pending appeal, the statutory time limit at s2(1) 1933 Act is six years from the date of judgment or the date of the last judgment if there have been appeals in the original jurisdiction. It is clear that Parliament intentionally built in something of a moving feast to allow all processes in the original jurisdiction to be completed before any final trigger is pulled as to the statutory time limit. S6 of the 1933 Act limits actions outside registration:
“No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which this Part of this Act applies, other than proceedings by way of registration of the judgment, shall be entertained by any court in the United Kingdom.”
As a result, 1993 Act foreign judgments do not appear to be enforceable at common law, this view being supported by Dicey, Morris and Collins on the Conflict of Laws @ 14R-2024.
- Heading
- Introduction
- Basic Principles
- The Background
- Reasons for restraining Presentation
- Limitation point
- What Limitation Regime applies to a foreign judgment?
- The statutory regime
- The Administration of Justice Act 1920 (“ the 1920 Act ”)
- Foreign Judgments (Reciprocal Enforcement) Act 1933 (“ the 1933 Act ”)
- The Common Law Regime
- Status of unregistered/unrecognised foreign Judgment
- Limitation
- Acknowledgement
- Satisfaction
- Stay
- Abuse of Process
- Conclusions
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