CR-2023-007112 - [2024] EWHC 1070 (Ch)

The position under the common law is somewhat different. There is no direct route to recognition of the judgment. The general recognition procedure is that a person with the benefit of the foreign judgment brings a Part 7 claim based on the sums awarded in the foreign judgment. It is, again, only available for money judgments but, as a matter of public policy, not for taxes, fines or penalties.

These claims are often known as Recognition Claims, but in fact that is something of a misnomer. The claims do not recognise the foreign judgment qua judgment, but as a debt owed. They are often (in fact usually) granted by way of summary judgment as the English courts will not go behind the foreign judgment other than on the same public policy grounds which would give rise to a refusal to register a judgment.

The judgment which can then be enforced is the English judgment on the basis of the debt owed by reason of the foreign judgment.

Judgments must be final and unalterable in the court which pronounced the judgment to enable a successful conversion to an English judgment. If, however, there are appeals in the original court which are being pursued, the English court will only enforce to the extent that it does not damage the interests of those who have the right to appeal. In that eventuality, it is more than likely that there will be a stay on enforcement [Dicey @ Rule 16 14-30].