Common Law and the Brussels
Common Law and the Brussels 1 Regulation have different interpretations on recognition and enforcement of foreign judgments.
The Common Law’s rules for recognition and enforcement include all foreign judgments with the exception of those taking place in the courts of Member States. There are special requirements set by common law in accepting foreign judgments and are dependant on a judge’s discretion. It requires that the litigant institute fresh proceedings in England in order to enforce a foreign judgment.[1] The Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933 are used in tandem with common law for issuing a judgment. “If a foreign judgment is entitled to recognition or is enforceable in English courts, then according to s 34, the claimant has to sue on the foreign judgment rather than bring fresh proceedings on the original cause of action.”[2] Also in accordance with 9(1) any commonwealth judgment may apply for registration to the High Court within 12 months, however the registration could be rejected unless it is strongly believed that the circumstances should be enforced in the UK.[3]
The main requirements for recognition and enforcement are that:
1. The foreign court where the judgment was rendered must have had jurisdiction to enforce the action. It must be determined by the English courts if the foreign court had the appropriate jurisdiction to decide the case, mostly commonly based submission or on physical presence as displayed in the case of Carrick v Hancock.[4]
2. Actions based on debt must be for a fixed sum of money, meaning that the English courts cannot be the one determining a sum of money after the case has already been tried in a foreign court.
3. The judgment must be final and conclusive, meaning that the case cannot be reopened or have pending issues. An example of this can be seen in Lewis v Eliades that had not reached a final and conclusive judgment before reaching the UK Court of Appeal.[5]
4. On the merits, as defined by Brandon LJ as being “…a decision which establishes certain