The UK would benefit from immediately joining the Hague 19 Convention on the recognition and enforcement of foreign judgments, the Law Society said today. It was responding to a Ministry of Justice consultation on accession to Hague 19.

Brexit, the Society stressed, has left businesses and individuals exposed to a 'dizzying array' of domestic enforcement rules across the 27 EU member states. 

Chancery Lane’s position reflects the EU’s rejection of British overtures to rejoin the Lugano Convention, which is broader than Hague 19 in several respects. The EU last year made clear its opposition to the UK acceding to Lugano in its own right. Ministerial efforts to reengage with Europe on Lugano have so far proved fruitless.

Society president Lubna Shuja said: 'The UK’s prompt accession to the Hague 19 Convention would help to ensure UK businesses have greater confidence entering cross-border contracts and investment relationships. The convention provides legal clarity, reduces costs, increases certainty and predictability. It encourages better risk management and shortens timeframes for the recognition and enforcement of judgements across jurisdictions.

'In essence, it provides effective mechanisms for obtaining redress in other jurisdictions, including for consumer and employment issues.'

She added: 'English court rulings would be readily enforceable in a broader range of jurisdictions than is currently the case. This would have the added bonus of making English courts more attractive to international parties, which brings economic benefits to the UK.'

The Society wants the UK to get on board Hague 19 as quickly as possible, since the convention comes into force only a year after a country ratifies or accedes to it.

Shuja added: 'The Society will also continue to push for the UK to rejoin [Lugano], which is a more comprehensive framework for rules on jurisdiction and enforcement of judgments between the UK and the EU/EFTA states for consumers, families and businesses.'

 

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