Transatlantic Litigation: Enforcing US Judgments in England and Wales

According to the US Chamber of Commerce, 42,000 American companies export to the UK and 7,500 have operations there. This valuable economic relationship is set to continue and has become even more important now the UK has left the European Union. Desire for a bilateral trade deal between the US and UK is strong.

So, big numbers and big business but where there is business there will also be disputes. Cross-border disputes are inevitably more complex, time-consuming and expensive to resolve. And it is not just a question of where to bring proceedings. Potential litigants also need to consider where any judgment will need to be enforced.

Surprisingly perhaps, there is currently no reciprocal agreement in place between the US and the UK for the mutual recognition and enforcement of judgments. It is essential for the parties to understand what this means from the outset to ensure that any judgment obtained can be enforced where it matters – for example, where the defendant has readily realisable assets.

This article examines the enforcement of a judgment obtained in the US in the English courts.

You can read the article here