The short answer: yes, a debt established in Spain can be enforced in the UK. The practical answer: it depends on when the debt arose, what documentation you hold, and whether you're enforcing a Spanish court judgment or pursuing the debt directly through UK courts.
Brexit changed the mechanism but not the principle. Cross-border debt enforcement between Spain and the UK remains legally possible — it's just procedurally different depending on the timeline.
Pre-Brexit Debts (Before 31 December 2020)
For debts that arose before the end of the Brexit transition period, the EU enforcement framework still applies. If you hold a Spanish court judgment from this period, the European Enforcement Order (EEO) and Brussels Regulation provide relatively straightforward routes to enforcement in the UK.
The EEO allows an uncontested Spanish judgment to be certified as enforceable across EU member states (and the UK for pre-transition debts) without a separate court process in the enforcing country. Brussels I (Recast) Regulation provides for recognition and enforcement of contested judgments through a registration process.
Post-Brexit Debts (After 31 December 2020)
For debts arising after Brexit, the EU enforcement framework no longer applies. Cross-border enforcement between Spain and the UK now operates through the Hague Convention on Choice of Court Agreements (2005) and common law enforcement procedures.
If your contract includes a jurisdiction clause. The Hague Convention applies where the parties agreed to a specific court's jurisdiction. A Spanish judgment from an agreed-upon Spanish court can be recognised in the UK through registration. This route is relatively efficient but requires the jurisdiction clause to have been properly drafted.
If your contract lacks a jurisdiction clause. Common law enforcement applies. You'll need to bring fresh proceedings in England & Wales (or Scotland, as applicable), presenting the Spanish judgment as evidence of the debt. The UK court doesn't retry the case but must be satisfied that the Spanish judgment meets certain requirements: the Spanish court had jurisdiction, the judgment is final, and it was obtained fairly.
The practical reality. Enforcing in the UK is more complex post-Brexit than pre-Brexit. It requires UK-qualified legal counsel in addition to the Spanish legal process, adds cost (£5,000–£15,000 for UK enforcement proceedings), and extends the timeline. For many cases, it's simpler and more effective to enforce in Spain directly — where the debtor's assets, bank accounts, and business operations are located.
When UK Enforcement Makes Sense
The debtor has UK assets. If the Spanish company has bank accounts, property, receivables, or a subsidiary in the UK, enforcement in the UK gives you access to those assets. This is particularly relevant for Spanish companies with UK trading operations.
The debtor has moved to the UK. If the debtor (individual or company) has relocated operations to the UK, Spanish enforcement mechanisms may have limited effect. UK enforcement reaches the debtor where they now operate.
You already hold a Spanish judgment. If you've completed Spanish legal proceedings and the debtor's Spanish assets are insufficient, extending enforcement to the UK is a logical next step if UK assets exist.
When Spanish Enforcement Is Better
For most commercial debts owed by Spanish companies, enforcement in Spain is more practical. The debtor's registered office, bank accounts, equipment, receivables, and property are in Spain. Spanish enforcement mechanisms (embargo de cuentas, embargo de bienes) are well-established and can be executed by your Spanish collection agency's legal team without involving UK courts or UK lawyers.
The question isn't whether the debt can be collected in the UK — it's whether it should be. If the debtor's meaningful assets are in Spain, that's where enforcement is most effective and least expensive.
FAQ
Do I need both a Spanish and UK lawyer?
For UK enforcement: yes. The Spanish lawyer handles the Spanish judgment; the UK lawyer handles the enforcement application. For Spanish enforcement only: no UK lawyer is needed. Your Spanish legal team manages the entire process.
How long does cross-border enforcement take?
Spanish judgment: 2–18 months depending on whether contested. UK recognition and enforcement: additional 3–8 months for Hague Convention route, 6–12 months for common law proceedings. Total timeline: potentially 12–30 months from initial collection efforts to UK enforcement. This lengthy process reinforces why early amicable collection in Spain is the preferred first step.
Carlos Vega
💥 Barcelona-based Collections Strategist / B2B Credit Management & Amicable Recovery Expert
