Jurisdiction(s):
United Kingdom

Enforcement of foreign judgments: English court may set aside final order after successful foreign appeal—CPR 3.1(7), stays, discretion and definite-sum requirement (Motorola v Hytera)

Published on: 17 March 2025

Published by a LexisNexis Dispute Resolution expert

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Article summary

Motorola Solutions Inc and another v Hytera Communications Corp Ltd and others [2025] EWHC 257 (Comm)

What are the practical implications of this case?

The decision establishes that, pursuant to CPR 3.1(7), the court has power to revoke a final order that gives effect to a foreign judgment where that judgment is later overturned on appeal. It further sheds light on the substantive and procedural framework governing recognition and enforcement of overseas judgments. Key points include:

For common law purposes, a foreign judgment remains ‘final and conclusive’ notwithstanding an existing or potential appeal. That said, the English court will proceed on the basis that a successful appeal will bear upon enforcement, even where an order enabling enforcement has already been made
This approach is consistent with authorities granting a stay of enforcement of orders founded on foreign judgments in the face of a realistic prospect of success on appeal abroad (Moss v Martin [2022] EWHC 3258 (Comm))
Nonetheless, there can be situations where undoing a final order implementing a foreign judgment would be inequitable, even after a successful foreign appeal. For the court to exercise its discretion to set aside a final order, the matter must be the case must...

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