England and Wales Case Law

BG Atlantic Inc v Hay Hill Investments Ltd

The Defendant's pleaded and argued fraud and public policy defences have no realistic prospect of success because they do not allege or evidence fraud practised on the New York Court, nor do they show that enforcement of the New York judgment itself would be contrary to English public policy. The alleged historic or background fraud relating to the source of the funds is not sufficient to defeat enforcement of a foreign judgment under English law. There is no operative fraud, no duty of disclosure breached, and no public policy reason to refuse enforcement. The Defendant's attempt to raise th…

Source excerpt

• Enforcement of foreign judgments
• Fraud as a defence to enforcement
• Public policy exception
• Summary judgment
• Illegality doctrine

Read case analysis

Diageo DV Ltd v Nio SRL

Diageo DV Ltd v Nio SRL [2026] EWHC 1198 (Comm) (19 May 2026)

The High Court held that an SPA clause gave the English court exclusive jurisdiction, restrained Italian proceedings, and granted summary judgment and declarations.

• Exclusive jurisdiction clauses
• Anti-suit injunctions
• Summary judgment
• Enforcement of foreign judgments
• Damages for breach of jurisdiction agreement
• Exclusive-jurisdiction-clauses

Read case analysis

Li & Ors v Yuan & Anor

Li & Ors v Yuan & Anor [2026] EWHC 242 (Comm) (11 February 2026)

The High Court enforced five PRC money judgments at common law, holding that the defendants were either bound by contractual jurisdiction clauses or resident in Nanjing when proceedings began.

• Enforcement of foreign judgments
• Jurisdiction under english private international law
• Contractual jurisdiction clauses
• Residence and presence as jurisdictional bases
• Enforcement-of-foreign-judgments
• Contractual-jurisdiction-clauses

Read case analysis

BG Atlantic Inc v Hay Hill Investments Ltd

BG Atlantic Inc v Hay Hill Investments Ltd [2026] EWHC 226 (KB) (06 February 2026)

The High Court granted summary judgment to enforce a New York judgment, rejecting defences based on alleged fraud in the source of the funds and public policy.

• Enforcement of foreign judgments
• Fraud defence
• Public policy defence
• Summary judgment
• Strike out applications
• Enforcement-of-foreign-judgments

Read case analysis

Roman Frenkel v Arkadiy Lyampert

The 2017 California Judgment is enforceable at common law in England as it is final, conclusive, and for a definite sum; disputes as to quantum or set-off do not defeat enforceability where the sum due is arithmetically ascertainable and sufficient undisputed debt exists to permit set-off against the English costs order.

Source excerpt

• Enforcement of foreign judgments
• Set-off
• Limitation of actions
• Costs

Read case analysis

Frenkel v Lyampert

Frenkel v Lyampert [2026] EWHC 46 (KB) (16 January 2026)

The High Court held that a Californian judgment was enforceable in England at common law, but only to the extent of an undisputed sum available for set-off.

• Enforcement of foreign judgments
• Set-off
• Limitation
• Costs
• Enforcement-of-foreign-judgments
• Private-international-law

Read case analysis

Peterson Energia Inversora & Ors v The Argentine Republic

Peterson Energia Inversora & Ors v The Argentine Republic [2026] EWHC 344 (Comm) (15 January 2026)

The High Court admitted Argentinian law expert evidence in a foreign judgment enforcement challenge and refused to bifurcate the jurisdiction hearing.

• Enforcement of foreign judgments
• State immunity
• Act of state doctrine
• Public policy exception
• Expert evidence on foreign law
• Issue estoppel

Read case analysis

Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors

The Court of Appeal held that section 5 of the PTIA bars enforcement of the compensatory and punitive parts of a foreign multiple-damages award, and a revocation application should proceed under CPR 40.8A.

• Enforcement of foreign judgments
• Multiple damages
• Revocation of judgments
• Stay of execution
• Statutory interpretation
• Enforcement-of-foreign-judgments

Read case analysis

Motorola Solutions Inc & Anor v Hytera Communications Corporation Ltd & Anor

Motorola Solutions Inc & Anor v Hytera Communications Corporation Ltd & Anor [2025] EWCA Civ 1667 (19 December 2025)

The Court of Appeal held that section 5 of the PTIA bars enforcement of the whole multiple-damages award, and it set aside revocation of the English judgment.

• Enforcement of foreign judgments
• Multiple damages
• Protection of trading interests act 1980
• Revocation of judgments
• Case management powers
• Summary judgment

Read case analysis

B, Re (1980 Hague Convention: Article 13(A)/(B))

B, Re (1980 Hague Convention: Article 13(A)/(B)) [2025] EWCA Civ 1603 (11 December 2025)

Court of Appeal dismissed a mother’s Hague Convention appeal, upholding a return order to Romania and finding no acquiescence or grave-risk exception.

• International child abduction
• 1980 hague convention
• Article 13(a) acquiescence
• Article 13(b) grave risk
• Protective measures
• Enforcement of foreign judgments

Read case analysis