How a US judgment is enforced in England
The English court will generally enforce a US money judgment if:
- it is final and conclusive in the US court that gave it;
- it is for a definite sum of money, and not for taxes, fines or penalties;
- the US court had jurisdiction over the defendant under English rules, for example because the defendant was present in the US or submitted to the US court's jurisdiction.
The defendant can resist enforcement only on narrow grounds, such as fraud, a breach of natural justice or public policy. The English court does not re-open the merits of the US case. Under the Protection of Trading Interests Act 1980, multiple damages such as treble damages cannot be enforced, although the compensatory part of a judgment usually can.
Where the defendant has no real prospect of defending the claim, we apply for summary judgment. This can produce an English judgment within a few months, without a trial.
From English judgment to payment
Once you hold an English judgment, all the usual enforcement tools are available: High Court enforcement officers, third party debt orders that freeze bank accounts, and charging orders over property. Where a UK company still refuses to pay, a statutory demand and winding-up petition can apply real pressure. We trace assets before recommending the most cost-effective route.
Common questions
Will the English court re-hear the case?
No. The English court does not review whether the US court reached the right decision. It looks only at the narrow grounds on which enforcement can be resisted.
How long does it take to enforce a US judgment in the UK?
Where the claim is undefended or summary judgment is granted, an English judgment can often be obtained within a few months. Enforcement then follows.
Can punitive damages be enforced?
Multiple damages cannot be enforced in the UK. Other parts of a US award are assessed individually, and compensatory damages are usually enforceable.
Holding a US judgment against a UK company? Request a call back using the form, or call our New York consulting office on 1 (917) 338 0244. UK callers: 0800 037 1305.
