The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024

Explanatory Note

(This note is not part of the Regulations)

The 2019 Hague Convention (“the 2019 Convention”) was signed on behalf of the United Kingdom on 12 January 2024. It will enter into force in respect of the UK on the first day of the month after the end of a period of one year beginning on the date when the UK ratifies it.

These Regulations amend the Civil Jurisdiction and Judgments Act 1982 (c. 27) (“the 1982 Act”) to give the 2019 Convention force of law in the UK and make further provision for the 2019 Convention’s operation in the UK. In particular, regulation 7 makes provision relating to the registration of judgments from states which are parties to the 2019 Convention for recognition or enforcement in a UK jurisdiction, and regulation 9 makes provision as to how a registration decision can be challenged.

These Regulations also amend certain sections of the 1982 Act which made provision for the operation of the 2005 Hague Convention on Choice of Court Agreements (“the 2005 Convention”) to make them consistent with the provisions being adopted for the 2019 Convention. In particular, regulation 8 changes the means by which a decision on an application for registration can be challenged, from an appeal to an application to set the decision aside. Regulation 20 provides that, if an application has been made to register a judgment under the 2005 Convention before these Regulations come into force, specified sections of the 1982 Act amended by these Regulations will continue to have effect as though the amendments had not been made in proceedings relating to that application.

A regulatory impact assessment has not been prepared for this instrument as it has no significant impact on business, charities or voluntary bodies.