UK MoJ consulted on whether UK should sign and ratify the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
Hague Convention
Convention is a multilateral Private International Law (PIL) convention, establishing common rules to facilitate the recognition and enforcement of foreign judgments.
The EU has already ratified the Convention (see #111518), as has the Ukraine.
To date there are another 5 signatories that have not yet ratified the Convention.
Effectiveness
Consultation closes on Feb. 9, 2023.
Nov. 2023 Consultation Outcome
On Nov. 23, 2023, UK MoJ issued response to consultation on Hague Convention on the recognition and enforcement of foreign judgments in civil or commercial matters.
Includes background to the consultation, a summary of responses to the consultation, a detailed response to the specific questions raised in the consultation, and next steps.
UK GVT will move to sign the Convention as soon as possible, an important signal of its commitment to multilateral Private International Law instruments and to help improve legal certainty for businesses and consumers involved in cross-border litigation.
Will enter into force for UK 12 months after it deposits its instrument of ratification.
Ratification will take place once all of the necessary implementing legislation and rules have been put in place to facilitate the Convention’s smooth operation in the UK.
Concluded no sufficient policy reasons raised by respondents to the consultation to warrant the UK making a declaration under Articles 14, 16 or 19 at this time.
UK GVT concluded it will not make a declaration to remove insurance matters or exclude mixed litigation issues from scope under Art. 18 of Hague 2019 at this time.
UK will be able to make a declaration up until ratification stage or any time thereafter.
Will keep need for declarations under review up to signature and implementation of Hague 2019, and as the Convention comes into force with other contracting states.
Jan. 2024 Hague Convention Signed
On Jan. 12, 2024, UK MoJ announced the UK signed the 2019 Hague Convention on the recognition and enforcement of foreign judgments in civil or commercial disputes.
Benefit business/people who live and work between UK and other countries, providing assurance of uniform legal rules to encourage international trade and investment.
There are currently 29 parties who are already part of the 2019 Hague Convention – from Ukraine to the EU member state countries, with Uruguay also joining this year.
This means UK judgments will be recognized and enforced in all of these countries.
Hague 2019 will come into force in the UK 12 months after ratification and will apply only to judgments given in proceedings commenced after that date.
Jan. 2024 UKP Statements
On Jan. 17, 2024, UKP published two statements, one by Lord Bellamy, dated Jan. 15, 2024, and the second by Mike Freer, dated Jan. 16, 2024, re Hague Convention 2019.
Both statements cover details of the signing of the Hague Convention described above.
