TRW & Co’s UK branch is based at Holborn Gate, 330 High Holborn, London, WC1V 7QH, England.

When a bank brings proceedings in another jurisdiction it raises both local procedural issues and wider cross‑border enforcement and jurisdictional questions. The advice below is intended to help a UK‑based individual or corporate respondent understand immediate priorities, cross‑border defences and practical steps to protect assets and legal rights in England & Wales. It does not substitute for local advice in Bangladesh or formal legal representation.

Immediate practical steps on receipt of foreign proceedings

Act promptly. Foreign proceedings may carry short response times and the threat of default or enforcement against assets outside the issuing jurisdiction. Consider the following immediate actions:

• Carefully review the claim form and any accompanying documents to identify the claimant, the relief sought, the court where issued and the claimed service date.
• Confirm whether the documents have been validly served under the relevant local rules and any applicable international convention.
• Do not ignore the documents. Even if you dispute jurisdiction, failure to respond can lead to default decisions in the foreign court that may be relied on for enforcement.
• Instruct qualified local counsel in Bangladesh to advise on procedural deadlines, grounds for defence, and the local court’s practice.
• Preserve evidence and records (loan agreements, correspondence, payment records, account mandates) and collect contemporary documentation that may support defences.

Key substantive and procedural defences to consider

Defences will depend on the contract and facts. Common issues to explore include:

• Validity of service: whether service complied with local rules or any relevant treaty.
• Jurisdictional challenge: whether the Bangladeshi court is the appropriate forum (forum non conveniens) or whether exclusive jurisdiction clauses apply.
• Substantive defences: contractual defences, payment, set‑off, fraud, or procedures required before enforcement.
• Limitation and rescission arguments where appropriate.
• Applications to set aside default judgments where a defendant did not have fair notice or an opportunity to be heard.

Cross‑border enforcement and English remedies

If the bank obtains a judgment abroad, consider how it could be enforced against assets in England & Wales. Options may include recognition and enforcement by treaty or statutory arrangements where they exist, or enforcement as a foreign judgment at common law. Separate English proceedings can sometimes be brought to obtain the same relief if the claimant has assets here.

Where enforcement in England is a risk, consider protective steps such as an application for a freezing injunction or disclosure orders (including Norwich Pharmacal relief) to trace or restrain assets. Seek advice on the likely enforceability of a Bangladeshi judgment in England & Wales before agreeing settlements or ignoring foreign process.

Practical checklist

1. Read all issued papers and note deadlines.
2. Instruct local counsel in Bangladesh and notify your English advisers.
3. Preserve all relevant documents and communications.
4. Assess service and jurisdictional defences and the risk of default judgment.
5. Consider interim English relief if assets or enforcement are at risk (freezing orders, disclosure).
6. Plan parallel strategy for contesting the claim where appropriate (local defence, stay/strike out applications, settlement negotiations).

Jurisdiction and sources

Relevant official sources and texts you may consult include:

• Senior Courts Act 1981 (jurisdiction of English courts).
• Civil Procedure Rules (England & Wales).
• Foreign Judgments (Reciprocal Enforcement) Act 1933 and Ministry of Justice guidance on enforcement of foreign judgments.
• Official website of the Supreme Court of Bangladesh for local procedural rules and practice (for reference only).

General information only; not legal advice and not a substitute for advice on a particular matter.