Bermuda - Enforcement of Money Judgments
Alex Potts, QC, Kennedys
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
The Bermuda Government does not have any express policy in respect of the recognition of foreign judgments1 save for the policy expressed by the Bermuda courts as a matter of common law, and the
policy expressed by Bermuda’s legislature under the Judgments (Reciprocal Enforcement) Act 1958 (the “1958 Act”)2 and regulations made thereunder,3 and the Protection of Trading Interests Act 1981.
The Bermuda courts will recognise and enforce a foreign money judgment which falls within the ambit of the 1958 Act or the common law rule for recognition and enforcement.
The 1958 Act provides a procedure whereby a judgment rendered in the superior courts of the United Kingdom4 can be registered in Bermuda and given effect upon registration as though it were a judgment rendered in Bermuda.
The Governor has also extended the application of the 1958 Act by Order in Council to the various Commonwealth countries listed in Appendix II hereto.
A foreign judgment registered under the 1958 Act can be set aside on an application of any party against whom a registered judgment may be enforced. The registration of a foreign judgment must be set aside if the Supreme Court is satisfied that:
(a) it is not covered by the 1958 Act or was registered in contravention of the 1958 Act;
(b) the foreign court had no jurisdiction in the circumstances of the case;
(c) the defendant did not receive notice of the proceedings in the foreign jurisdiction in sufficient time to enable him to defend the proceedings and did not appear;