ENFORCEMENT OF JUDGMENTS: Law Over Borders Comparative Guide 2026 – Jersey

1. What are the applicable legal frameworks relating to the recognition and enforcement of foreign court judgments?

What are the main international treaties or conventions that apply?

No multilateral international treaties or conventions apply in relation to the enforcement of foreign judgments in civil and commercial matters. However, advice should be taken as to whether a bilateral treaty or agreement may apply between the UK and a relevant foreign jurisdiction which the UK has extended to Jersey.

What legal principles apply if there is no applicable international treaty or convention?

Statutory enforcement and recognition

Jersey has a statutory regime for the enforcement of judgments which is governed by the Judgments (Reciprocal Enforcement) (Jersey) Law 1960 (“1960 Law”) and subordinate legislation. The 1960 Law applies to judgments of certain courts of prescribed countries (currently in the British Isles) which give reciprocal treatment to Jersey judgments. The regime provides for a mandatory registration procedure for enforcement of a judgment for payment of a sum of money.

The 1960 Law also provides that, subject to exceptions, judgments which would qualify for registration or which would if they had been monetary, are entitled to recognition in proceedings.

Customary law

Judgments not eligible for statutory registration or recognition may still be enforced pursuant to Jersey customary law.

The enforcement process generally involves issuing an action suing on the foreign judgment debt. The Jersey courts would not generally re-examine the merits of the foreign proceedings to which the original judgment relates, with the foreign judgment taken to be conclusive.

In Brunei Investment Agency v. Fidelis [2008] JRC 152, the court also confirmed its jurisdiction to enforce a non-monetary judgment, albeit this discretion will be exercised cautiously.

Jersey law follows English law principles in relation to cause of action and issue estoppels. The courts may recognise a foreign judgment as conclusive between the parties, and it may be relied upon by way of defence or counterclaim.

2. What are the principal requirements for a judgment to be recognised and enforced and what are the key defences?

Statutory reciprocal enforcement

Basic requirements

For statutory registration, the judgment must be given in a “Superior Court” of:

•  England and Wales;
•  Scotland;
•  Northern Ireland;
•  Isle of Man; or
•  Guernsey

The judgment must:

• be final and conclusive as between the parties (a judgment can be such even if an appeal in the foreign court is pending or possible);
• provide for the payment of a sum of money which is not in respect of taxes or similar charges, or in respect of a fine or other penalty;
• provide for a sum of money which has not been wholly satisfied; and
• be capable of being enforced by execution in the country of the original court.

Time limits for enforcement

Registration must be made within six years after the date of the judgment or the last judgment given in the appeal proceedings, if applicable.

Setting aside

The application for registration is made ex parte and the judgment debtor may apply to set it aside on the following grounds:

• the judgment does not comply with the requirements for registration;
• the foreign court lacked jurisdiction;
• the judgment debtor did not (notwithstanding that they may have been duly served in accordance with the law of the country of the original court) receive notice of the foreign proceedings in sufficient time to enable them to defend the proceedings and they did not in fact appear;
• the judgment was obtained by fraud;
• enforcement of the judgment would be contrary to public policy in Jersey; or
• the rights under the judgment are not vested in the person who made the application for registration.

Registration must be set aside where any of the above applies. The court has a discretion to set registration aside where there was a prior conflicting judgment of another court.

The court may also set aside or adjourn the application where an appeal is pending or will be appealed.

Jurisdiction of the foreign court

Articles 6(2) and (3) of the 1960 Law set out the circumstances in which the foreign court is deemed to have had jurisdiction. In summary, the foreign court will be deemed to have had jurisdiction only:

• in an action in person, if the judgment debtor:

1. voluntarily appeared (other than, for example, to contest jurisdiction);
2. was plaintiff or counter-claimed;
3. had before the commencement of the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the jurisdiction of that court or of the courts of that country;
4. was at the time when the proceedings were instituted resident in, or being a body corporate had its principal place of business in, the country of that court; or had an office or place of business in the country of that court and the proceedings in that court were in respect of a transaction effected through or at that office or place;
5. in an action of which the subject matter was immovable property or in an action in rem of which the subject matter was movable property, if the property in question was at the time of the proceedings in the original court situated in the country of that court; and
6. otherwise, if the jurisdiction of the original court is recognised by the law of Jersey.

The foreign court will not be deemed to have had jurisdiction, however, as follows:

• if the subject matter of the proceedings was immovable property outside the country of the original court;
• if the bringing of the proceedings in the original court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of the country of that court; or
• if the judgment debtor, being a defendant in the original proceedings, was a person who under the rules of public international law was entitled to immunity from the jurisdiction of the courts of the country of the original court and did not submit to the jurisdiction of that court.

Service of the original foreign proceedings

The 1960 Law does not impose any requirements on the manner in which the judgment debtor was served with the original foreign proceedings.

Customary law enforcement

Basic requirements

Foreign judgments that do not qualify under the statutory route may be enforced or recognised at customary law; in particular, judgments from countries that are not prescribed.

Time limits for enforcement

Specific advice should be taken on prescription/limitation and delay.

Defences

A debtor can challenge enforcement on the following grounds consistent with English common law principles: the foreign court had no jurisdiction to grant the judgment;

• the judgment was obtained by fraud;
• enforcement would be contrary to public policy; or
• enforcement would be contrary to natural justice.

Jurisdiction of the foreign court

The question of whether or not the foreign court had jurisdiction is determined by the Jersey court applying English common law principles.

3. What are the applicable legal principles relating to the recognition and enforcement of arbitration awards made in foreign states and what are the defences?

Foreign arbitral awards may be enforced in Jersey pursuant to the process set out in the Arbitration (Jersey) Law 1998, as amended (“Arbitration Law”).

There are two regimes, one for New York Convention awards, and another for “foreign awards” under either the 1923 Protocol on Arbitration Clauses or the 1927 Geneva Convention on Foreign Arbitral Awards. The remainder of this guide focuses on New York Convention (“Convention”) awards.

Convention awards

Conditions for enforcement

A Convention award will be enforced by the Jersey courts, unless one of the limited, prescribed grounds for refusal is proven by the party against whom the award is invoked (Article 44(1) of the Arbitration Law).

Grounds for refusing enforcement

The grounds on which enforcement of a Convention award may be refused are set out in Article 44(2) of the Arbitration Law, as follows. Enforcement of a Convention award may be refused if it is proved that:

• a party to the arbitration agreement was (under the law applicable to the party) under some incapacity;
• the arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made;
• the person was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present the person’s case;
• the award deals with a difference not contemplated by, or not falling within the terms of, the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration;
• the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country where the arbitration took place; or
• the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.

Enforcement of a Convention award may also be refused if the award is in respect of a matter which is not capable of settlement by arbitration, or if it would be contrary to public policy to enforce the award (Article 44(3)). However, a refusal on the grounds of public policy will be approached with “extreme caution”.

The standing of the person enforcing the award may also be challenged if, for example, the benefit of the award has been assigned and where the assignment is susceptible to challenge.

4. What are the practicalities of the process for recognising and/or enforcing a foreign judgment or arbitration award?

Foreign judgments — statutory procedure

• The process for registering a foreign judgment under the 1960 Law is as follows:
• The application is made ex parte to the Judicial Greffier, supported by affidavit evidence and exhibiting a certified copy of the foreign judgment. Currently, the application fee is GBP 383.
• After registration, written notice must be served on the judgment debtor. This is done by personal service via the Viscount (executive officer of the Royal Court) if the debtor is in Jersey. Otherwise, notice must be served in accordance with the applicable rules for service of process outside the jurisdiction (although leave to serve out is not required).
• The judgment debtor then has a period of time, stipulated in the order registering the judgment and confirmed in the notice of registration, within which to apply to set aside the registration.
• Once either the time period for applying to set aside registration has expired or the application to set aside has been successfully disposed of, the judgment creditor may proceed to enforce the registered judgment as if it were a judgment given in Jersey.

The initial application for registration is likely to take one to two weeks. Service and set aside applications vary in duration.

Foreign judgments — customary law procedure

The process for enforcing a foreign judgment under customary law involves the following steps:

• The judgment creditor must commence proceedings by way of an Order of Justice, a formal pleading setting out the legal and factual basis of the claim.
• The Order of Justice and accompanying Summons (summoning the judgment debtor to an initial administrative hearing) must be served on the judgment debtor.
• If the judgment debtor is not Jersey-resident, leave from the Royal Court is required to serve the Order of Justice out of the jurisdiction. This is done by making an ex parte application by way of Summons to the Judicial Greffier. The court fee for filing a Summons for service out of the jurisdiction and/or substituted service is currently GBP 383.
• After service, the Order of Justice is filed with the court. The court fee depends on the value of the claim or assets involved and is currently either GBP 383 (value/assets less than GBP 2 million) or GBP 1,740 (value/assets more than GBP 2 million).
• If the judgment debtor does not appear at the initial administrative hearing, default judgment may be granted.
• If the judgment debtor defends the proceedings, the judgment creditor may wish to apply for summary judgment. The court fee for lodging such an application is currently GBP 151. The court fee for hearing a summary judgment application is currently GBP 383 per half day.
• If neither default nor summary judgment are obtained, the enforcement proceedings will proceed to trial. The court fee for the final hearing of the action (trial), or any interlocutory matter therein, is based on the value of the claim or assets involved. The current fee per half day hearing ranges from GBP 383 (value/assets less than GBP 100,000) up to a maximum of GBP 5,000 (value/assets over GBP 10 million).

The above process, in circumstances where the debtor does not defend the proceedings or the proceedings are disposed of by summary judgment, is likely to take around one to four months. If, however, the debtor defends the proceedings to trial, the process could take over a year.

Convention awards

A Convention award may be enforced through the same route as a domestic award as follows:

• An ex parte application is made by way of a Representation, a form of pleading setting out the material facts and relief sought. The Representation must be supported by affidavit evidence and exhibit the original or a certified copy of the foreign award. The court fees for filing/presenting a Representation are based on the value of the claim or assets involved. The current fee ranges from GBP 383 (value/assets less than GBP 2 million) up to a maximum of GBP 5,000 (value/assets over GBP 10 million).

• An inter partes hearing of the Representation will subsequently take place. The court fee for such a hearing is based on the value of the claim or assets involved. The current fee per half day hearing ranges from GBP 638 (value/assets less than GBP 2 million) up to a maximum of GBP 5,000 (value/assets over GBP 10 million).

The above process typically takes around one to four months from lodging the Representation to obtaining judgment.

5. What rights are there to appeal against a decision on recognition/enforcement and do appeals prevent enforcement?

Foreign judgments — statutory procedure

Where a foreign judgment has been registered pursuant to the 1960 Law, the judgment debtor has a period of time within which to apply to set aside the registration.

If an application to set aside the registration is made within the relevant time period, the registered judgment cannot be executed until the set-aside application has been determined.

A further right of appeal would exist against a decision not to set aside the registration. This would not prevent enforcement unless a stay was ordered at the court’s discretion.

Foreign judgments — customary law procedure

An appeal can be made against a Jersey judgment enforcing or recognising a foreign judgment at customary law on ordinary principles.

Whilst an appeal does not prevent enforcement, the courts have a discretion to order a stay of execution and may do so if, for example, the appellant can show that refusing to grant a stay would render the appeal nugatory.

Foreign arbitration awards

It is possible to appeal a judgment enforcing a foreign arbitration award on ordinary principles.

As above, an appeal does not prevent enforcement but the courts have a discretion to stay execution throughout any appeal proceedings.

6. What measures are available to obtain information about a judgment debtor’s assets (in the context of the enforcement of a foreign judgment or award) and what are the sanctions for non-compliance?

Asset disclosure orders may be made in aid of enforcement of a foreign judgment or award, whether ancillary to a freezing order or a separate free-standing order.

Such orders include worldwide disclosure orders, orders against third parties such as banks and trust companies and orders against persons outside the jurisdiction.

Search orders and Norwich Pharmacal Orders may also be available.

Failure to comply with a Jersey court order is a serious matter which is treated as contempt of court. Sanctions can be severe and may include substantial fines and/or imprisonment.

7. What interim measures are available to preserve assets pending enforcement and what are the territorial limits of these measures?

Key interim measures available under Jersey law to preserve assets pending enforcement are:

• Freezing orders. These are applicable to both Jersey situs and worldwide assets to prevent the debtor from dissipating or removing assets from the jurisdiction.

• Arrêt provisoire. Attachment orders in respect of Jersey situs movable property, including any movable assets which are in the hands of a third party (arrêt entre mains). These types of provisional orders remain in force for one year from the date of issue.

• Caveat. A notice lodged at the Jersey Public Registry to prevent the transfer or sale of specific immovable property in Jersey by creating a charge over it. A caveat is generally available for six months and can be renewed.

8. Once a foreign judgment or award has been recognised, what procedures are available for enforcement against the following types of assets?

Bank accounts

In relation to movable property, such as bank accounts, the relevant enforcement remedy will be the arrêt or arrêt entre mains (where the relevant movables are in the hands of a third party). These remedies create a proprietary security interest in the relevant movable property in favour of the party enforcing the judgment or award.

A judgment of the Royal Court in relation to a monetary sum automatically includes the following types of arrêt:

• the power to distrain on the movables of the party against whom judgment is given, unless the court specifically directs otherwise; and

• arrêt entre mains against wages.

Otherwise, an arrêt over movable property may be effected by incorporating an order for the arrêt into an Order of Justice signed by the Bailiff.

Shares

Arrêt or arrêt entre mains as described in relation to bank accounts above.

Debts due to the judgment debtor from third parties Arrêt entre mains as described in relation to bank accounts above.

Real estate

In relation to immovable property in Jersey, the relevant enforcement procedure will involve the creation of a legal charge (judicial hypothec) and steps to enforce the charge which culminate in a customary law process known as dégrèvement.

This allows the enforcing party to become the owner of the property or requires other creditors to satisfy the judgment debt or award.

Insolvency remedies may also be available.

Movable property

Arrêt or arrêt entre mains as described in relation to bank accounts above.

9. Will the court allow enforcement against assets that are beneficially owned by the judgment debtor but are not legally owned or registered in its name?

Enforcement against assets where the judgment debtor is the beneficial owner, even if they are not the legal owner, is possible via the arrêt entre mains mechanism.

This will attach or “arrest” movable property belonging to a debtor that is held by or due from a third party.

In certain circumstances, an interest under a trust may constitute property of the debtor, but this will depend on the nature and terms of the trust.

10. Will the court allow enforcement against assets that are jointly owned by the judgment debtor and a third party?

This is a fact-sensitive question and depends on the asset and nature of the joint ownership.

This article was first published in the The Global Legal Post.