Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Comity definition

What does Comity mean? In practice, comity describes the respect and deference one court shows to the laws, processes and judgments of another jurisdiction, to aid coordination in cross-border matters and reduce conflicting decisions. It is not a binding rule or statutory doctrine; rather, a descriptive principle developed in case law and applied across private international law and related public law contexts. Courts invoke comity when considering recognition and enforcement of foreign judgments at common law, forum non conveniens and case management choices, anti-suit injunctions, service out, letters of request, state immunity and cross-border insolvency assistance. It supports judicial restraint but does not...

Modified universalism, comity and inherent jurisdiction in cross-border insolvency: English common law recognition, submission and the immovables rule post Rubin, Singularis, Krys and Kireeva

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Comity

Comity is a broad Common law doctrine under which courts will recognise and give effect to foreign proceedings, provided they are not:

against public policy
in breach of core requirements of procedural fairness
tainted by fraud or unfairness
designed to enforce foreign penal laws (eg the US Securities Exchange Act 1934 carried civil and criminal Sanctions and aimed to prevent and punish specified acts and omissions) (Schemmer v Property Resources)

In practice, in England it operates only as a backstop where the following do not apply to aid a foreign office-holder seeking assistance from the English courts:

Regulation (EU) 2015/848 (OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency [EU Recast Regulation on Insolvency] (for example, where the foreign insolvency/restructuring proceedings began after 11 pm on 31 December 2020—see Practice Note: Brexit—impact on Recast Regulation on Insolvency [Archived])
the UNCITRAL Model Law on Insolvency as given effect by the Cross-Border Insolvency Regulations 2006 (CBIR 2006), SI 2006/1030 (see Practice Note: When does UNCITRAL (implemented by the Cross-Border Insolvency Regulations) apply and what are the effects?)

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Web page updated on 21/05/2026

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