Claire Sandbrook Foreign Judgments, Enforcement Orders of Foreign Judgments Act
 
 

factsheet | methods of enforcement | European Enforcement Orders

 
A European Enforcement Order (EEO) provides a simpler method for enforcing your uncontested judgment in another country within the European Union*. When you may wish to use the EEO procedure could probably best be illustrated by way of an example. It may be that you ordered and paid for a washing machine from a company based in France, but the washing machine never arrived. You can take your case to your local county court and obtain a default judgment. If you now want to enforce the judgment, it will be necessary to apply to the local county court for the judgment to be certified as an EEO.

Once the judgment is certified you will be able to enforce it using the French courts and French enforcement procedures.

As with any domestic judgment, it is recommended that before starting enforcement proceedings abroad you think about whether the defendant can afford to pay you now or in the future.

As always with any enforcement activity, whether in England and Wales, or another Member State of the European Union, it will inevitably cost you more money and there is no guarantee of a successful return on your investment.

It is therefore always advisable to consult specialist enforcement lawyers before taking this course of action – who should be able to advise you on the best way to go about enforcing your judgment.

The following information is required to apply for an EEO:
  • the application form (this is form N219 if the claim was admitted or a settlement of the claim had been agreed or form N219A if did not reply to the claim, did not object to the claim or did not file a defence);
  • two copies of the completed EEO certificate;
  • the original judgment;
  • any certificate for costs;
  • if the defendant did not reply or object to the claim, any document proving service of the claim, application notice or judgment;
  • the requisite fee; and
  • translation of any documents which are not in English.
Of course, it may well be the case that you have obtained a judgment in a foreign court and wish to have that enforced against a judgment debtor who is resident in England and Wales.

All foreign judgments need to be registered at the High Court – once that has been done, the whole range of enforcement methods are available to you, and again we can advise you as to how to register your judgment and which would be the most appropriate enforcement method for you to pursue.

A Shergroup Business Solutions Advisor will be able to help you on all these matters so for more information contact Shergroup today on

+44 (0)845 890 9200

* If the claim becomes a defended claim you must follow the normal rules of the court for enforcing a judgment abroad as laid down in Part 74 of the Civil Procedure Rules.
 
 
 
 
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