The Effect in the European Community of Judgments in Civil and Commercial Matters: Recognition, Res Judicata and Abuse of Process: Report for England and Wales

Abstract

In 2008, the British Institute of International and Comparative Law concluded a study of the preclusive effects of the recognition of judgments in civil and commercial matters in the EU for the European Commission. The study examined the legal practice of 10 countries, including Switzerland and the United States, in relation to domestic and foreign judgments. It also included an evaluation of Member State practice under the Brussels/Lugano Regime for the recognition and enforcement of judgments. The principle objectives of the project were to promote mutual recognition; to increase understanding of Member State rules regarding the authority and effectiveness of judgments; and to consider whether any disparities between Member State rules created an impediment to mutual recognition thereby supporting a potential EC-wide solution. The final report and other materials are available at http://www.biicl.org/judgments/. This paper considers the effect of judgments (both domestic and foreign) under the law of England and Wales.

Keywords: Judgments, Effect of judgments, Res judicata, Cause of action estoppel, Issue estoppel, Abuse of process, Preclusive effects, Recognition of judgments, Enforcement of judgments, Brussels I Regulation, Brussels Convention, Lugano Convention, British Institute of International and Comparative Law