Duncan Lewis Litigation Solicitors – International enforcement
International enforcement can be a necessary step in cases where a court judgment has been made – for example in cases of debt recovery – and the defendant has failed to comply with the court order or repay the debt.
It is important to seek legal advice as soon as possible in cases where international enforcement is needed – different countries have mutual agreements with each other regarding court judgments or debt recovery, but these can vary from country to country.
In order to enforce in the Court of England and Wales a judgment made in a foreign court, a copy of the judgment together with a witness statement must be lodged with the High Court.
Enforcement of a court order may be a last resort in a case involving an international dispute – and in cases of debt recovery, Duncan Lewis can advise at an early stage of a case, including advising on asset tracing and freezing orders to prevent monies and funds being dissipated across international jurisdictions.
Duncan Lewis can also advise on which countries have bilateral agreements with the Court of England and Wales with regard to enforcing judgments in foreign courts – as well as countries
- which are bound by the European Enforcement Order (EEO) Regulations for uncontested claims; or
- which have signed the Brussels Regulation; or
- which have signed the Lugano Convention.
Both the Brussels Regulations and Lugano Convention apply to the enforcement of judgments in civil and commercial law.
In cases where there is no bilateral agreement – eg countries with countries like China and Russia – the law of the particular country will determine whether a court order can be enforced in that country.
Duncan Lewis litigation solicitors can also advise on international enforcement and litigation involving countries with no bilateral agreement with the Court of England and Wales – and Duncan Lewis has in house experts able to offer legal advice on most areas of international law, including:
- Banking and finance
- Contract and commercial law
- Employment law
- Holiday claims
- Insurance claims (inc motor insurance)
- International divorce, child care and family law
- International property law.
- Personal injury claims.
Duncan Lewis can advise major companies, SMEs and individuals in international litigation matters, including advising on mediation and dispute resolution in international litigation.
For expert legal advice on International Enforcement, call Duncan Lewis International Litigation Solicitors on 0333 772 0409.