From tomorrow, 1 July 2025, the UK formally joins the ranks of contracting states to the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (better known as “Hague 2019”). This marks a pivotal moment for international dispute resolution and cross-border enforcement in the post-Brexit legal landscape.

What does Hague 2019 do?

Hague 2019 provides a uniform legal framework for the recognition and enforcement of civil and commercial judgments across participating jurisdictions. It aims to provide greater legal certainty, supporting international trade and business, and facilitating more cost-efficient dispute resolution by removing the need to re-litigate the merits of a case in the enforcing state, provided certain criteria are met.

For UK businesses and litigants, this means:

• simplified enforcement of English judgments abroad, particularly in the EU (excluding Denmark), Ukraine, and Uruguay;
• reciprocal recognition of foreign judgments in the UK; and
• a clearer, more predictable route to enforcement, reducing cost, delay, and legal uncertainty.

Why it matters

Post-Brexit, the UK lost access to the Recast Brussels Regulation and the Lugano Convention, both of which previously facilitated streamlined enforcement of judgments within Europe (see our article here). Hague 2019 fills a critical gap, especially for contracts that do not benefit from exclusive jurisdiction clauses (which are covered by Hague 2005).

Key limitations

There are still some limitations to Hague 2019 to be aware of[1]:

• Hague 2019 applies only to judgments in proceedings commenced (i.e. issued) on or after 1 July 2025.
• It does not apply to all matters. Notably excluded are family law, insolvency, IP, defamation, and arbitration. Interim measures are also excluded.[2]
• Recognition is not automatic, and judgments must meet specific eligibility criteria.

Practical takeaway

For commercial parties and practitioners, the entry into force of Hague 2019 presents a timely opportunity to reassess cross-border litigation and enforcement strategies. Key considerations include:

• Contractual review: Where enforcement abroad is a concern, Hague 2019 offers a valuable pathway - provided the counterparty is in a contracting state, proceedings are initiated in England after 1 July 2025 and the other eligibility criteria met. In particular, Hague 2019 complements Hague 2005 but is broader in scope. That it applies even where there is no exclusive jurisdiction clause may open the door for use in enforcing English judgments arising out of contracts with asymmetrical or non-exclusive clauses.
• Restructuring recognition: While the Convention excludes insolvency proceedings, it may still assist with the recognition of English schemes of arrangement (Part 26 Companies Act 2006) in other contracting states. This could be particularly helpful in cross-border restructurings where recognition of a UK court-sanctioned compromise is critical – although the need for financial distress in the context of an English restructuring plan (Part 26A Companies Act 2006) means that unfortunately Hague 2019 is likely of no application in that sphere.[3]

Hague 2019 is a welcome development for those navigating the complexities of international enforcement, and the 1 July 2025 marks a milestone moment for the UK’s commitment to international legal cooperation. 
 

[1] See our article here

[2] See our article discussing insolvency and Hague 2019 here

[3] For more discussion on Hague 2019 and restructuring- see our article here.