The rules discussed in the previous chapter apply only to judgments from EC or Lugano States. Judgments from all other States are subject to the traditional rules of English law. In this chapter, after considering certain introductory matters, we discuss the traditional English rules in so far as they concern the jurisdiction of foreign courts. In the next chapter, we discuss various defences open to the defendant.

In England, the recognition and enforcement of foreign judgments originally depended solely on the common law. Today, there are various legislative provisions; nevertheless, the common law is still of great importance. We shall first consider the common law and then look at the legislation.

Theoretical basis for recognition and enforcement

English common law does not apply the comity theory (explained in Chapter 13, § 3, above). Reciprocity has never been required; nor is it necessary for there to be a treaty with the State of origin, though such treaties do exist. This fits in with the general tendency of the common law to give greater emphasis to the rights of the parties than to State interests – though the latter are not ignored.

English common law adopts the obligation theory. This was established in a series of cases in the nineteenth century. For example, in Williams v. Jones, Parke B said: