If you have a contract with a party based abroad and they break it, you may be able to sue them in the courts of England and Wales, but it is not automatic. Two questions decide it: do the English courts have jurisdiction to hear the case, and which country's law governs the contract? Here is how cross-border contract disputes work, in plain English.
Start with the contract: jurisdiction and governing law clauses
Well-drafted contracts say which courts will decide disputes and which law applies. An exclusive jurisdiction clause in favour of the courts of England and Wales is the strongest basis for suing here, the English courts will usually give effect to it. A governing law clause choosing English law tells the court which country's rules to apply to the contract.
If your contract has these clauses pointing to England and Wales, you are in a strong position. If it is silent, the position is more complex and fact-dependent.
Suing a defendant outside the jurisdiction
Where the other party is abroad, you generally need the court's permission to serve the claim outside the jurisdiction (under the Civil Procedure Rules, CPR 6.36–6.37), unless an exception applies. You must show that your claim falls within one of the recognised "gateways" (for example, a contract made in England, governed by English law, or containing an English jurisdiction clause), that England is the proper place to bring the claim, and that the claim has a reasonable prospect of success.
The post-Brexit position
Since the UK left the EU, the previous EU rules (the Brussels regime) no longer apply to determine jurisdiction in the same way. Instead:
- where there is an exclusive choice-of-court agreement in favour of England and Wales, the Hague Convention on Choice of Court Agreements 2005 can support both jurisdiction and enforcement in participating countries; and
- otherwise, the English courts apply their own common-law rules on jurisdiction and service out.
Choice of law is still determined under retained versions of the Rome I (contract) and Rome II (tort) rules, so a clear governing-law clause remains effective.
Don't miss the time limit
Whichever route applies, watch the limitation period. Under the Limitation Act 1980, a claim for breach of a simple contract must generally be brought within six years (12 years for a contract made by deed). Cross-border issues can complicate timing, so act promptly.
Will an English judgment be worth anything abroad?
Winning here is only useful if you can enforce the judgment where the defendant has assets. Enforcement abroad depends on the other country's rules and any applicable treaty (such as the Hague Convention for exclusive jurisdiction clauses). It is worth checking enforceability before you litigate.
Practical steps
- Check your contract for jurisdiction and governing law clauses.
- Take advice early on jurisdiction, service out and enforcement, these are specialist areas.
- Mind the limitation period.
- Consider whether arbitration (often easier to enforce internationally) was agreed or would be preferable.
Key takeaways
- An exclusive jurisdiction clause for England and Wales is the strongest basis to sue here.
- Suing a foreign defendant usually needs permission to serve out (CPR 6.36–6.37) through a recognised gateway.
- Post-Brexit, the Hague Convention 2005 supports exclusive choice-of-court agreements; otherwise common-law rules apply. Governing law follows Rome I/II.
- Mind the six-year limitation period and check enforceability abroad first.
Sources
- Civil Procedure Rules, Part 6 (service out of the jurisdiction)
- Hague Convention on Choice of Court Agreements 2005; retained Rome I and Rome II rules on applicable law
- Limitation Act 1980 (limitation periods for contract claims)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.