Jurisdiction(s):
United Kingdom

Recognition and enforcement of EU judgments in England: Brussels I versus Brussels I Recast—abolition of exequatur, burden shift to resisting party, appeals and protective measures

Published by a LexisNexis Dispute Resolution expert

Practice notes

$imgtext$

ARCHIVED :

This Practice Note is archived and is no longer maintained. Regulation (EU) No 1215/2012, the recast Brussels I, brought significant alterations to how judgments from other EU Member States are enforced in England under the new framework. These reforms shift the onus for having a judgment from one EU Member State, the State of Origin, acknowledged or enforced in another, the State of Enforcement, away from the party seeking recognition or enforcement there. Instead, the responsibility now lies with the party opposing recognition or enforcement to demonstrate one of the narrow refusal grounds. At the heart of these updates is removing the need to obtain a declaration of enforceability. Under Regulation (EC) 44/2001, Brussels I, a party seeking to enforce a judgment from elsewhere in the EU had to obtain a declaration in the State of Enforcement that judgment was enforceable. That requirement for a declaration confirming a judgment’s enforceability has, however, now been abolished by Regulation (EU) 1215/2012, Brussels I (recast)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Giles Wheeler , KC

Fountain Court Chambers

Giles Wheeler is a barrister at Fountain Court Chambers with a broad commercial practice. Giles has handled a wide range of commercial litigation, including many cases with an international dimension giving rise both to disputes over jurisdiction and to the application of foreign law. Giles has particular experience of banking disputes (including disputes concerning derivatives of various kinds) and professional negligence (including litigation arising from the collapse of the Guernsey-based Arch Cru investment funds, the collapse of Independent Insurance and the collapse of Barings Bank). Recent cases in which Giles has appeared include: Barclays Bank plc v UniCredit Bank [2014] 2 Lloyd's Rep. 59 (CA) and [2013] 2 Lloyd’s Rep 1, SPL v Arch Financial Products LLP and Farrell (judgment pending) and Roadchef Employee Benefit Trustees Limited v Ingram Hill [2014] EWHC 109 (Ch)....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...