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The billions of dollars of trade activity and investment between the UK and US is predicted to increase and with this will come an increase in cross-border disputes. Determining where a party tries to enforce a court judgment requires careful consideration.
Despite the close historic and commercial links with the UK and the US, there is no reciprocal agreement or treaty in place for enforcing judgments in either country.
US judgments can therefore only be enforced in the UK under the common law process. The judgment under this process is viewed as a simple contract debt between the two parties. A new claim for the debt is issued in the US court and will be enforced if it meets the following requirements: