Brexit: Norway and the United Kingdom agree on enforcement of judgements in civil matters

Norway and the United Kingdom signed an agreement today ensuring that Norwegian civil judgements can in the future be recognized or enforced in the United Kingdom.

– This agreement ensures a basis pertaining to international law for reciprocal recognition and enforcement of judgments in civil matters. For example, a Norwegian company that has been awarded compensation from a British company in a Norwegian court will be able to have the judgment executed in the United Kingdom, so that the compensation will actually be paid. This is positive for both the business community and individuals. Without this agreement, there would be a risk that Norwegian civil judgments would not be recognized or enforced in the United Kingdom. British judgements will also be recognized and enforced in Norway to a limited extent, says State Secretary Lars Jacob Hiim.

The background for this agreement is that the United Kingdom and the European Union have entered into a withdrawal agreement that establishes a transition period, which expires on 31 December 2020. Until this transition period expires, the United Kingdom will principally be bound by the EU to comply with EU law and agreements pertaining to international law that the UK is bound by through its EU membership. This includes the Lugano Convention 2007 on Jurisdiction and the Recognition and Enforcements of Judgements in Civil and Commercial Matters of 2007, of which both Norway and the EU are parties. The convention will cease to apply between Norway and the United Kingdom when the transition period ends unless the United Kingdom has become an independent contracting party to the convention by that time.

– This agreement safeguards Norwegian interests in connection with the United Kingdom’s exit from the EU and contributes to maintaining the close relationship between Norway and the United Kingdom,” says State Secretary Lars Jacob Hiim.

The agreement stipulates that the bilateral convention between Norway and the United Kingdom signed in 1961, which was largely replaced by the Lugano Convention, will continue to apply with certain amendments. However, the agreement will only enter into force if the United Kingdom does not become an independent party to the Lugano Convention before the transition period ends.

Agreement documents:

Agreement on the continued application and amendment of the convention

The protocoll of 1971

The original agreement