Under the current legal system, parties can still sue and be sued in Polish courts and then enforce the judgment in the UK, should they wish to.

The criteria that are taken into account when deciding on the enforcement of international judgment are based on practical issues – enforcement should be effective, so before you try to enforce the judgment, it is advisable to check where the defendant’s assets are located and whether we have chosen the right country.

In the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 – which came into force on the day of the UK’s withdrawal from the European Union, UK provided number of changes that changed the recognition of Polish (and in deed any other EU judgments in the UK).

It is still possible to enforce judgments made in Poland; however, there have been several changes that may be relevant to our Clientele:

• The Regulation of the European Parliament allowing the enforcement of judgments in the United Kingdom (the above-mentioned Regulation of 12 December 2012 – 1215/2012) was repealed in the United Kingdom.
• After the date of the UK’s withdrawal from the EU, it will no longer be possible to enforce a judgment issued in English courts under above regulation.
• However, if you obtained a judgment in a court of a Member State before the date of the UK’s exit from the EU, you will be able to continue to enforce that judgment under the current rules.
• In addition, if a claim was brought before a court in one of the EU countries, on or before the date of the UK’s withdrawal from EU, and a judgment was subsequently issued, then the above-mentioned EU Regulation (of 1215/2012) will continue to apply to enforcement proceedings before the English courts.

If no case has been brought before the competent court before the date of the UK withdrawal the EU, then the creditor will have to rely on the rules of the national English courts in order to enforce the decision issued in the English court.

In some cases, the enforcement of the judgment may be conditional on the commencement of an separate claim (obtaining a new court order allowing the enforcement of an existing judgment).