Birgitte Wagner Olsen & Anor v Finansiel Stabilitet A/S

A foreign judgment may be registered in England only if it remains enforceable in the state of origin when registration is made. Expiry of the limitation period in that state affects enforceability, not merely the later taking of execution measures. Registration does not create a new English judgment carrying a fresh domestic limitation period. Under the Civil Jurisdiction and Judgments Order 2001, the registered judgment is treated as if originally given by the registering court on the date of the foreign judgment. A registration order validly made before limitation expires may nevertheless become ineffective when the foreign debt subsequently becomes statute barred. The order cannot be revoked on that ground, but it may be varied to declare the date on which its effect expired.

The appellants appealed against Master Cook’s order registering for enforcement in England and Wales a Danish judgment dated 16 August 2013 requiring them to pay Finansiel Stabilitet A/S more than €5.8 million and approximately DKK 1.25 million. The registration application was made and the order sealed on 16 August 2023, shortly before expiry of the 10-year Danish limitation period.

The appellants challenged the registration on grounds including defective formalities, public policy, and expiry of the Danish limitation period. They also argued that the order became worthless once the Danish judgment ceased to be enforceable in Denmark. The central issues were whether registration had been validly made and whether the subsequent expiry of Danish limitation affected enforcement in England and Wales.

1. Registration validly made. The documents required by articles 53 to 55 of the Council Regulation (EC) No. 44/2001 had been provided. The Danish judgment was authentic, translated and accompanied by the required certificate of enforceability. Complaints about the court seal, logo, apostille and service had no merit.
2. Public policy exception unavailable. The exception was narrow and required a manifest breach of a fundamental principle or fundamental right in the legal order of the receiving state. An ordinary judgment debt arising from business failure did not meet that threshold. The Danish judgment was therefore eligible for enforcement.
3. Danish limitation had not expired when the order was made. Section 27(1) of the Danish Limitation Act included 16 August 2023 in the 10-year period running from 16 August 2013. The judgment remained enforceable in Denmark until midnight on 16 August 2023.
4. Subsequent expiry affected enforceability. Article 38 required the judgment to be enforceable in the originating state as a precondition of registration and recognition. The reasoning in Coursier v Fortis Bank SA and Percival v Motu Novu LLC supported that conclusion. Expiry of the Danish limitation period concerned enforceability, rather than merely execution in the receiving state.
5. No fresh English limitation period. Paragraph 2(2) of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001 treated the registered judgment as having been originally given by the registering court on the date of the Danish judgment. Section 24(1) of the Limitation Act 1980 therefore did not create a new six-year period beginning on registration.
6. The court could not revoke the registration order under article 57(1), because public policy was not established. However, under CPR rules 52.20 and 52.21, the order could be varied to declare that the Danish judgment became statute barred and unenforceable at midnight on 16 August 2023.

The registration order was upheld, but its operative effect was declared to have expired at midnight on 16 August 2023. Costs and consequential matters were reserved.

• High Court (King’s Bench Division), Foreign Process Section: Master Cook registered the Danish judgment for enforcement on 16 August 2023. The order was appealed as of right under CPR rule 74.8(2).
• High Court (King’s Bench Division), High Court Appeal Centre: The registration order was upheld as validly made, but varied to declare that its effect expired at midnight on 16 August 2023.