How to Enforce a UK Judgment in Italy After Brexit

A judgment obtained in London, Manchester or Edinburgh is not, by itself, an Italian enforcement title. To enforce a UK judgment in Italy, the creditor must first identify the correct recognition route, prepare evidence in a form acceptable to the Italian courts and then take the practical steps needed to reach assets in Italy.

That distinction matters. A successful claimant may have an entirely valid UK judgment but still face delay if the debtor owns an Italian property, holds an Italian bank account or trades through an Italian company. Post-Brexit, the route is no longer automatically the same as it was under the former EU rules.

Which rules apply to a UK judgment in Italy?

The starting point is the nature of the dispute, the date on which the UK proceedings began and the jurisdictional basis of the UK court. There is no single answer that applies to every judgment.

For many civil and commercial judgments issued in proceedings begun after the end of the Brexit transition period, the EU Brussels I Recast Regulation does not provide the former direct recognition mechanism between the UK and Italy. The appropriate route may instead arise under an international convention or, where no convention applies, under Italian private international law.

The most relevant instruments are often the Hague Choice of Court Convention 2005 and the Hague Judgments Convention 2019. The 2005 Convention can be particularly significant where the parties entered into an exclusive jurisdiction clause in favour of the UK courts. Its scope, however, is technical: the clause, the type of claim and the relevant dates must all be checked carefully.

The Hague Judgments Convention 2019 may offer a recognition and enforcement framework for qualifying civil and commercial judgments between contracting states. Its application is also subject to temporal rules and defined exclusions. It does not remove the need to review the underlying proceedings and documents.

Where neither convention applies, Italy's Law No. 218 of 1995 normally supplies the legal framework. This is a well-established route, but it requires a focused assessment of the foreign decision before enforcement can begin.

Recognition is different from enforcement

Recognition establishes that the UK judgment can produce legal effects in Italy. Enforcement is the separate process of compelling payment or recovering against the debtor's Italian assets.

Under Article 64 of Law No. 218 of 1995, a foreign judgment may be recognised in Italy if a number of conditions are met. In broad terms, the foreign court must have had jurisdiction according to principles accepted by Italian law; the defendant must have been properly served and given a genuine opportunity to participate; and the judgment must be final and enforceable in the UK.

The Italian court will also consider whether the decision conflicts with an earlier final Italian judgment, whether Italian proceedings were already pending before the foreign proceedings began, and whether recognition would be contrary to Italian public policy. Public policy is not an opportunity to reargue the merits of an ordinary commercial dispute. It is a narrow safeguard for fundamental principles of the Italian legal order.

A judgment obtained in default is not necessarily excluded. Yet default judgments require particular care because service and the defendant's rights of defence are often central issues. If the Italian debtor was served at an outdated address, was not given sufficient notice or could not reasonably take part, recognition may be challenged.

The Italian procedure to enforce a UK judgment

Where recognition is disputed, or where an enforceable Italian title is required, an application is generally made to the Court of Appeal with territorial jurisdiction over the place where enforcement is sought. The court examines the statutory or convention-based requirements. It does not normally reconsider whether the UK judge reached the right result on the facts or law.

The procedural strategy should be designed around the debtor's assets. If the creditor knows that the debtor owns a flat in Rome, has a bank account in Milan or receives payments from an Italian customer, that information helps determine where enforcement should be commenced and which measures are likely to be effective.

Once the judgment has been recognised or declared enforceable, the creditor can move into the Italian enforcement phase. This commonly begins with formal service of the enforceable title and a payment demand, known as a precetto. If the debtor does not comply, attachment proceedings may follow.

Available measures depend on the assets identified. Bank accounts and receivables due from third parties can be attached. Real estate can be subjected to enforcement, although a property sale is usually more time-consuming and costly than recovering funds held in an account. Shares, movable assets, rents and business receivables may also be relevant, depending on the debtor's position.

Speed is often decisive. A debtor who learns of a foreign judgment may transfer funds, dispose of property or restructure business arrangements before ordinary enforcement takes effect. In suitable cases, urgent protective measures should be considered at an early stage. Their availability depends on the evidence, the risk of dissipation and the precise relief sought.

Documents that should be prepared early

The documents required vary according to the applicable convention and the Italian procedure used. As a practical matter, it is sensible to obtain a complete and properly certified court file rather than relying only on a copy of the judgment.

The core documents commonly include a certified or official copy of the UK judgment, evidence that it is final and enforceable, and proof of service on the defendant where this is relevant. The court may also need the claim form, jurisdiction agreement, orders concerning costs or interest, and a clear calculation of the amount due.

UK public documents generally need an apostille for use in Italy, unless an applicable international instrument removes that requirement. An Italian translation will normally be required. A careful legal translation is not a formality: errors in the identification of parties, interest provisions, dates or operative parts of the order can create avoidable objections.

A power of attorney for the Italian lawyer may also be needed. For corporate creditors, it is prudent to prepare current company documents showing who has authority to appoint counsel and pursue the claim.

Common obstacles and how they are addressed

The most frequent difficulty is assuming that a UK judgment can simply be registered in Italy. The correct process depends on the applicable legal instrument, and using the wrong route can waste valuable time.

A second issue is incomplete evidence of finality. An order may be immediately enforceable in the UK even though an appeal remains possible, or an appeal may already be underway. The Italian strategy should reflect the exact status of the proceedings, including whether the judgment is partly final, subject to a stay or limited to an interim remedy.

Third, interest and costs need close attention. English judgments may award contractual interest, statutory interest and costs assessed later. Not every component will be documented in the same order. The amount claimed in Italy must be transparent, supported and converted appropriately where it is expressed in pounds sterling.

Finally, enforcement can be commercially unwise without asset intelligence. A technically enforceable judgment is of limited value against a debtor with no recoverable Italian assets or with assets already subject to prior security or attachment. Preliminary checks can help a creditor decide whether to pursue a bank attachment, real estate enforcement, negotiations or a different recovery strategy.

When early Italian advice is particularly valuable

Early advice is especially useful where the judgment concerns an Italian property transaction, a family financial dispute, inheritance assets, guarantees, shareholder claims or a cross-border supply contract. These matters can involve rules outside the ordinary civil and commercial enforcement framework, as well as questions of jurisdiction, succession or insolvency.

It is equally valuable where the defendant has not participated in the UK proceedings, where the contract contains a jurisdiction clause, or where the claim is substantial enough to justify urgent asset-protection measures. The best route is often determined before the recognition application is filed, not after.

De Benetti & Co Law Firm assists international and Italian clients with the assessment, recognition and enforcement of foreign judgments in Italy, combining litigation experience with practical knowledge of Italian assets, procedures and documentary requirements.

A UK judgment can be a powerful starting point, but recovery in Italy depends on converting that result into a targeted Italian action. Acting promptly, preserving the right documents and matching the procedure to the debtor's assets gives the creditor the strongest practical prospect of payment.

For any further information or for a specific case, contact our law firm for a free initial consultation.

Avv. Massimiliano De Benetti email: m.debenetti@debenettilaw.com