The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the “Hague Judgments Convention”) will come into effect in the UK on 1 July 2025. The process of enforcing UK judgments[1] in other contracting states (including all EU Member States (except Denmark), Ukraine and Uruguay) will now be far more streamlined in most cases, thereby reducing the delay, cost and uncertainty of enforcement in those jurisdictions.

While the entry into force of the Hague Judgments Convention in the UK is a welcome step in the facilitation of cross-border dispute resolution, particularly post-Brexit, there are some notable limitations to its scope. For instance, it does not provide for the automatic recognition and enforcement of relevant judgments, judgments must meet certain requirements, and it will apply only to UK judgments where the underlying proceedings were commenced on or after 1 July 2025. 

Scope and purpose of the Hague Judgments Convention

The Hague Judgments Convention provides a uniform and simplified legal framework for the reciprocal recognition and enforcement of judgments in civil and commercial matters across contracting states, without the need to re-examine the substance of the case in fresh proceedings (provided that certain criteria are met; see below). For example, only a specified group of documents will need to be produced in every case[2].

Importantly, the Hague Judgments Convention applies to judgments where the dispute falls within both exclusive and non-exclusive jurisdiction clauses (in contrast to the 2005 Hague Convention[3], for example, which applies only to exclusive choice of court agreements), making it widely applicable to many cross-border contracts.

A broad range of civil and commercial matters are within its scope, including both contractual and tort claims. Several types of cases are excluded, however, including: status and legal capacity of natural persons; family law; defamation; insolvency; tax; customs; revenue; administrative law matters; anti-trust; privacy; activities of armed forces; carriage of passengers and goods; and intellectual property matters[4]. Arbitration and related proceedings are also expressly excluded[5].

Eligibility criteria for recognition and enforcement and other limitations

There are several limitations as to the scope and applicability of the Hague Judgments Convention, which will apply only to UK judgments where the underlying proceedings were commenced on or after 1 July 2025.

Notably, it does not provide for the automatic recognition and enforcement of judgments, unlike the simplified EU regime[6]. To be eligible for recognition and enforcement, a judgment must fall within one of the specified bases[7]. These include (but are not limited to) the defendant: having expressly submitted to the jurisdiction of the court of origin; having been habitually resident in the state of origin at the time it became a party to the relevant proceedings; or having had their principal place of business in the state of origin at the time it became a party to the proceedings, with the dispute arising out of activities of that business.

Recognition and enforcement may be refused in certain (relatively limited) cases. These include cases where: (1) a judgment has been obtained by fraud; (2) the defendant was not notified of the proceedings in sufficient time to arrange a defence; (3) recognition would be manifestly incompatible with public policy of the state in which enforcement is requested; (4) a judgment is inconsistent with a judgment given by a court of the requested state in a dispute between the same parties; or (5) a judgment is inconsistent with an earlier judgment given by a court of another state between the same parties on the same subject matter[8]. Any refusal by the requested state to enforce a judgment under the Hague Judgments Convention does not prevent a subsequent application for recognition or enforcement of the judgment in that state, however.

Further, the law of the requested state (i.e. the country in which recognition and enforcement is sought) governs the applicable procedure (unless the Hague Judgments Convention provides otherwise). This is likely to introduce some uncertainty around timing and process, albeit the relevant court is still required to act expeditiously[9]. Any pre-existing treaties to which a contracting state is a party will also continue to apply, although the contracting states must as far as possible interpret the Hague Judgments Convention to be compatible with any other treaties that are in force[10].

Geographic reach: other contracting states

The Hague Judgments Convention has broad geographic reach (where matters fall within its scope). 

As at the date of publication (June 2025), contracting states include all EU Member States (except Denmark), Ukraine and Uruguay (and the UK from 1 July 2025) [11]. 

Albania, Andorra and Montenegro each have ratified the Hague Judgments Convention, where it is expected to come into force in 2026[12]. Meanwhile, the United States, Israel, Costa Rica, Kosovo, North Macedonia and Russia have all signed the Hague Judgments Convention, thus signalling an intention to join, although those states will not be bound until they ratify it.

Significance for the UK and its judicial system

Since leaving the EU, the UK has not benefited from certain mechanisms that facilitate cross-border enforcement of civil judgments across EU Member States, such as the Brussels I Recast Regulation 2015 (“Brussels Recast 2015”) and the Lugano Convention 2007. For example, Brussels Recast 2015 provided for automatic recognition of judgments across EU Member States without the need for a declaration of enforceability.

Since the end of the post-Brexit transition period on 31 December 2020, enforcement of UK judgments has followed the domestic rules in – and (where applicable) bilateral agreements with – overseas jurisdictions, all of which vary and can lead to legal uncertainty and increased costs.

The Hague Judgments Convention helps to fill this post-Brexit enforcement gap to some extent – albeit with the caveat that (as noted above) it does not provide for the automatic recognition and enforcement of judgments as does the simplified EU regime. 

Accordingly, while the Hague Judgments Convention (re)strengthens the attractiveness of the UK as a forum for resolving international commercial disputes by providing a reliable enforcement mechanism in participating countries, it remains to be seen how the courts of contracting states will apply it in practice in terms of both procedure and any pre-existing treaties in place.

Conclusion

The entry into force of the Hague Judgments Convention in the UK is a welcome step in the facilitation of cross-border dispute resolution, particularly post-Brexit. The clear and streamlined framework for the recognition and enforcement of judgments across other contracting states will be of benefit to businesses and individuals who are engaged in international commerce and who wish to rely upon the UK courts to uphold their legal rights. Despites its limitations, the Hague Judgments Convention is still expected to improve legal efficiency and enhance enforcement predictability, whilst also reinforcing the UK’s position as a global legal hub.

[1] I.e. Judgments issued by the courts of England & Wales, Scotland and Northern Ireland.

[2] Article 12.

[3] Hague Convention of 30 June 2005 on Choice of Court Agreements.

[4] Article 2.

[5] Article 2(3)).

[6] E.g. under the Brussels I Recast Regulation 2015; see further below.

[7] Article 5.

[8] Article 7.

[9] Article 13(1).

[10] Article 23.

[11] Contracting states at the time of publication are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, European Union, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Ukraine and Uruguay. For the latest status, see: https://www.hcch.net/en/instruments/conventions/status-table/?cid=137 (links to a third party website).

[12] On 1 March 2026 in Albania and Montenegro; and on 1 June 2026 in Andorra.