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Jurisdiction(s):
United Kingdom
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Key definition
Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

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Lugano Convention 2007: special (Arts 5–6) and exclusive (Art 22) jurisdiction, multi‑defendant, third‑party and counterclaims, and post‑Brexit UK third‑state implications

Practice notes
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ARCHIVED : This Practice Note has been archived and is not maintained.

This Practice Note reviews the provisions set out in the Convention on Jurisdiction and the Recognition and enforcement of Judgments in Civil and Commercial Matters, signed at Lugano on 30 October 2007 (the Lugano Convention 2007), that address special and exclusive jurisdiction. The analysis addresses how these provisions function across civil and commercial disputes. It covers:

  • Article 5, which concerns, among other matters, claims in contract and in tort, and related issues;
  • Article 6, which relates to situations involving multiple defendants, the involvement of third parties, or the bringing of counterclaims.

It further assesses the various categories of claims encompassed by Article 22, under which the courts of a contracting state exercise exclusive jurisdiction in specified matters. Lastly, it considers the implications for applying Article 22—which operates irrespective of the parties’ domicile—now that the UK is no longer bound to the convention by virtue of its EU membership and is treated as a so‑called third state for the purposes of the convention’s application...

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Liz Williams
Liz Williams

CMS

Liz has more than ten years' experience as a PSL and ten years' fee-earning experience in insurance litigation and general commercial litigation and arbitration. Her specialties are: Knowledge management, training, strategy, business development, client development, and legal writing. ...

Guy Pendell
Guy Pendell

CMS

Guy is the head of disputes in the UK for the global firm, CMS. He has over 25 years’ experience in International Arbitration and Litigation. His main areas of expertise include corporate and commercial disputes in (among others) the TMT, Life Sciences, Hotels & Leisure and Consumer Products sections. Guy is also the co-founder of the lawtech start-up, pinqDR.com, the first in the UK offering a complete online solution for the resolution of mid to lower value B2B disputes, providing parties with a binding decision in 8 weeks.  He is a well known figure in the UK arbitration market, is the Chair of ICC UK’s Arbitration and ADR Committee, a founder and honorary vice-president of International Arbitration Charity Ball, a trustee of RCJ Advice and a member of the Bingham Centre Development Board....

Web page updated on 21/05/2026

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