TRW & Co · Disputes and enforcement
Enforcing an English Judgment in Bangladesh
To enforce UK judgment in Bangladesh, a creditor either files a certified copy of a superior court money decree for execution under section 44A of the Code of Civil Procedure, if the UK court is covered by Bangladesh’s reciprocating-territory notification, or sues on the judgment afresh. Either way, the court checks six statutory exceptions, not the merits, before execution against Bangladeshi assets.
Key pointA default judgment is the most vulnerable kind of English judgment in Bangladesh, because the debtor can argue it was not given on the merits; a judgment on the evidence costs little more in London and is far easier to enforce in Dhaka.
At a glance
Two routes
Section 44A execution for money decrees of superior courts of notified reciprocating territories, or a fresh suit in Bangladesh relying on the foreign judgment.
No merits review
Bangladeshi courts check only the section 13 exceptions, such as lack of jurisdiction, fraud, natural justice and judgments not given on the merits.
Check the notification
The UK is commonly reported to be a reciprocating territory, but the gazette wording decides which UK courts count as superior courts.
Money decrees only
Section 44A covers sums of money, not taxes, fines, penalties or arbitration awards; injunctions and declarations need the slower suit route.
Assets and remittance
Success depends on tracing Bangladeshi assets early and remitting recovered Taka abroad through an authorised dealer bank under Bangladesh Bank rules.
Swipe or scroll →
How to enforce UK judgment in Bangladesh: the short answer
A creditor who wants to enforce UK judgment in Bangladesh has two routes under the Bangladesh Code of Civil Procedure, 1908. If the judgment is a money decree of a superior court in a country the Government of Bangladesh has declared a "reciprocating territory", a certified copy can be filed in a District Court and executed as if that court had made it. If not, the creditor must bring a fresh suit in Bangladesh on the foreign judgment.
In both routes the Bangladeshi court does not re-try the merits. It checks the judgment against six statutory exceptions in section 13 of the Code, such as lack of jurisdiction, fraud and breach of natural justice. Once that hurdle is cleared, enforcement uses the ordinary Bangladeshi execution machinery: attachment and sale of property, attachment of debts and bank balances, and other measures.
The practical difficulty is rarely the law. It is finding assets, proving service and jurisdiction from the English record, and keeping the case moving through busy district courts. Planning for Bangladesh before you issue in London makes a material difference.
The legal framework in Bangladesh
Enforcement depends on Bangladeshi domestic law rather than on an international judgments convention. The rules come from Bangladesh's own Code of Civil Procedure, 1908, which shares its origins with the Indian and Pakistani codes. The English text is also available through WIPO Lex.
Sections 13 and 14: when a foreign judgment is conclusive
Section 13 makes a foreign judgment conclusive on any matter it directly decides between the same parties, except where it:
- was not pronounced by a court of competent jurisdiction;
- was not given on the merits of the case;
- appears on its face to rest on an incorrect view of international law, or a refusal to recognise Bangladeshi law where it applies;
- was obtained in proceedings opposed to natural justice;
- was obtained by fraud; or
- sustains a claim founded on a breach of any law in force in Bangladesh.
Section 14 adds a helpful presumption. When a certified copy of a foreign judgment is produced, the court presumes it was given by a court of competent jurisdiction unless the contrary appears on the record or is proved.
Section 44A: direct execution of reciprocating-territory decrees
Section 44A allows a certified copy of a decree of a superior court of a reciprocating territory to be filed in a District Court, after which the decree may be executed in Bangladesh as if that District Court had passed it. The filing must be accompanied by a certificate from the superior court stating how far the decree has been satisfied, which is conclusive proof of the extent of satisfaction.
The section has important limits. "Reciprocating territory" means a country declared as such by the Government by notification in the Official Gazette. "Decree" means a decree or judgment for a sum of money, not taxes, fines or penalties, and never an arbitration award. The District Court must refuse execution if the decree falls within any of the section 13 exceptions, and objections are dealt with under section 47 of the Code.
Is the UK a reciprocating territory?
Bangladeshi practitioners commonly report that the United Kingdom is treated as a reciprocating territory for section 44A purposes. The gazette notification is not readily available online, and its exact wording decides which UK courts count as "superior courts". Before relying on the direct route, obtain a copy of the current notification through Bangladeshi counsel and check that your court is covered.
If the notification covers your court, the direct route is the most efficient way to enforce UK judgment in Bangladesh. In practice, money judgments of the High Court in London are the strongest candidates for section 44A. Judgments of lower courts, non-money orders such as injunctions and declarations, and costs orders that are not money decrees may need the suit route. Scottish and Northern Irish judgments raise separate questions about the notification and should be checked individually.
If you are suing a Bangladeshi counterparty in England, ask early whether a High Court money judgment will qualify under section 44A. Where the answer is uncertain, consider seeking a judgment that clearly records the defendant's submission to the jurisdiction, proper service and a reasoned decision on the evidence. Those features answer the most common section 13 objections whichever route you use.
Routes to enforce UK judgment in Bangladesh compared
| Feature | Section 44A execution | Suit on the foreign judgment |
|---|---|---|
| Which judgments | Money decrees of superior courts of a notified reciprocating territory | Any foreign judgment, including those outside section 44A |
| Starting point | File a certified copy and certificate of satisfaction in the District Court | Issue a new plaint relying on the judgment as evidence of the debt |
| Merits reopened? | No, but section 13 exceptions apply | No, but section 13 exceptions apply and the defendant files a full defence |
| Defendant's objections | Raised in execution under section 47 | Raised in the written statement and at trial |
| Speed | Usually faster, as no new decree is needed | Slower: a Bangladeshi decree must be obtained, then executed |
| Limitation | Governed by Bangladeshi rules on execution of decrees | Governed by the Bangladeshi limitation period for a suit on a foreign judgment |
Step-by-step process
- Obtain the right documents in England. Get a sealed, certified copy of the judgment or order and, for section 44A, a certificate from the court stating the amount unsatisfied. Keep evidence of service, the claim form, particulars and any defence.
- Legalise and translate. Have the documents authenticated for use in Bangladesh, typically through the Foreign, Commonwealth and Development Office and the Bangladesh High Commission in London. Our guide to legalising UK documents for Bangladesh explains the steps.
- Trace assets. Identify land, shareholdings, bank accounts and receivables in Bangladesh before filing, so the application can target specific property.
- Choose the court. File in the District Court with territorial jurisdiction over the debtor or the assets. Many commercial matters are in Dhaka.
- File the execution case or plaint. Under section 44A, file the execution application with the certified decree and certificate. Otherwise, file a suit on the judgment.
- Deal with objections. Expect the debtor to argue a section 13 exception, often lack of jurisdiction, defective service or a default judgment not on the merits.
- Execute against property. Seek attachment and sale of property, attachment of debts and bank balances, and other execution measures available under the Code.
- Remit the proceeds. Recovered Taka must be converted and remitted abroad through an authorised dealer bank in line with Bangladesh Bank's foreign exchange rules, so keep the court's orders and receipts ready.
Documents, evidence and timing
Creditors who enforce UK judgment in Bangladesh succeed or fail largely on the quality of the paper record. The Bangladeshi judge sees only what is filed, and the debtor will exploit any gap in it.
The evidence pack
- A sealed, certified copy of the judgment or order, and any later orders varying it.
- For section 44A, the English court's certificate of the amount satisfied and outstanding.
- The claim form, particulars of claim and the contract containing any jurisdiction clause.
- Proof of service, any acknowledgement of service and any defence or correspondence showing the debtor's participation.
- Evidence of the debtor's identity and connection with the Bangladeshi assets, such as company registration records and land documents.
Limitation, interest and currency
Limitation applies in Bangladesh both to executing decrees and to suits on foreign judgments, and the periods differ from those in England. Do not assume that a judgment which is still enforceable in London can be acted on in Dhaka at any time. Take local advice on the applicable period as soon as judgment is given. The amount claimed is usually converted into Taka, so record the judgment rate, any contractual interest and the conversion date the court will apply. Anyone planning to enforce UK judgment in Bangladesh several years after it was given should treat limitation as the first question, not the last.
Common defences and how to answer them
Most resistance comes from the section 13 exceptions. They are narrow on paper but can delay a case if the English record is thin.
"The English court had no jurisdiction"
A Bangladeshi court asks whether the English court was competent in the international sense, not merely under English procedural rules. The clearest answers are that the defendant agreed to an English jurisdiction clause, appeared and defended on the merits, or was present or resident in England when proceedings began. Where jurisdiction depended only on permission to serve out under CPR Part 6, expect more argument. A well-drafted jurisdiction clause in the original contract is the best protection, which our guide to English law in Bangladesh contracts discusses.
"The judgment was not given on the merits"
Default judgments are the main target. A Bangladeshi court may be reluctant to treat a judgment entered purely because the defendant failed to respond, without any consideration of evidence, as a decision on the merits. Where you can, ask the English court for a judgment on evidence, such as summary judgment or a judgment after a hearing at which documents and witness statements are considered. That costs a little more in London and can save a great deal in Dhaka.
"I was never properly served" or "natural justice was breached"
The debtor may argue that it never received the claim, was given too little time, or could not participate. Keep complete proof of service by a permitted method, the dates and the steps taken to notify the defendant. Courier receipts, email trails and any acknowledgement of service are useful. If service was effected through Bangladeshi channels, keep the official return. Gaps in the service record are much harder to fill years later.
"The judgment was obtained by fraud" or offends Bangladeshi law
Allegations of fraud are sometimes raised tactically, for example by suggesting that the underlying contract was forged or that evidence was suppressed. The court will expect particulars and proof. The exception for claims founded on a breach of Bangladeshi law can arise where, for example, a loan or guarantee breached local foreign exchange rules. Check regulatory compliance of the underlying transaction before relying on the judgment.
Illustrative scenario
This scenario is illustrative only and does not describe any real client or matter.
A UK supplier obtains a High Court money judgment against a Bangladeshi importer under a contract with an English jurisdiction clause. The importer's director acknowledged service but filed no defence, and judgment was entered in default.
Before applying in Dhaka, the supplier's advisers check the gazette position and confirm that High Court money judgments fall within section 44A. Because the judgment was by default, they anticipate an argument that it was not on the merits and assemble the contract, invoices, delivery records and the acknowledgement of service to show that the importer submitted to English jurisdiction and had every opportunity to defend.
They identify the importer's bank accounts and a commercial property, file the execution case, and seek attachment of both. They also prepare for the remittance stage early, so that the authorised dealer bank has the court orders and tax evidence it will need once funds are realised, rather than discovering gaps after the sale. The case shows why it is worth deciding how to enforce UK judgment in Bangladesh before the London claim is even issued.
Cross-border tools: freezing orders, disclosure and arbitration
English courts can support enforcement abroad. A worldwide freezing injunction can restrain a defendant from dissipating assets anywhere, and is usually coupled with an order to disclose assets worldwide. Breach is contempt of the English court, which can bite on a defendant with a UK presence. Our civil fraud and asset recovery team also uses disclosure orders against third parties, including banks, to trace funds.
Bangladeshi courts do not automatically give effect to English freezing orders, but the asset disclosure they produce makes the Bangladeshi enforcement application far more targeted. See our guide to Bangladesh-linked asset recovery in the UK.
If you are still negotiating the contract, consider whether London-seated arbitration would be better. Section 44A expressly excludes arbitration awards, which are enforced under Bangladesh's Arbitration Act 2001 and the New York Convention instead. Our article on how to enforce a London arbitration award in Bangladesh compares the two. For judgments coming the other way, CPR Part 74 and the common law govern enforcement in England.
Checklist and next steps
- Check whether your English court and judgment fall within the current section 44A gazette notification.
- Obtain certified copies, a certificate of the amount unsatisfied and complete proof of service.
- Prefer a judgment on the evidence to a bare default judgment where Bangladesh enforcement is likely.
- Legalise and, where needed, translate the documents for use in Bangladesh.
- Trace assets before filing, and consider a worldwide freezing order in England.
- Watch limitation in Bangladesh for both execution and suits on foreign judgments.
- Plan how recovered Taka will be remitted under Bangladesh Bank's foreign exchange rules.
TRW & Co's London office runs English proceedings and coordinates with our Dhaka team when clients need to enforce UK judgment in Bangladesh. We work across enforcement of judgments and UK–Bangladesh disputes. Where advocacy in the higher courts is required, we instruct specialist counsel. To discuss a judgment or a claim you are planning, contact us.
Frequently asked questions
01Can an English court judgment be enforced in Bangladesh?
Yes. Bangladesh’s Code of Civil Procedure, 1908 allows foreign judgments to be enforced, either directly under section 44A if the judgment is a money decree of a superior court of a notified reciprocating territory, or by a fresh suit on the judgment. In both cases the Bangladeshi court does not re-examine the merits, but it will refuse enforcement if one of the section 13 exceptions applies, such as lack of jurisdiction, fraud or breach of natural justice.
02Is the UK a reciprocating territory under section 44A in Bangladesh?
Bangladeshi practitioners commonly report that the United Kingdom is treated as a reciprocating territory. The status depends on a Government notification in the Official Gazette, which is not easy to find online, and its wording determines which UK courts count as superior courts. Obtain and check the current notification through Bangladeshi counsel before filing. If your judgment is not covered, you can still sue on it in Bangladesh, although that takes longer.
03Will Bangladesh enforce a default judgment from England?
Possibly, but it is the most vulnerable type. Section 13 of the Code says a foreign judgment is not conclusive if it was not given on the merits. Debtors often argue that a judgment entered purely because they did not respond falls within that exception. Showing that the defendant submitted to English jurisdiction, was properly served and had an opportunity to defend helps. Where Bangladesh enforcement is likely, a judgment on evidence is a safer choice.
04How long does it take to enforce UK judgment in Bangladesh?
There is no fixed timetable. Section 44A execution is usually faster than a suit on the judgment, because no new Bangladeshi decree is needed, but contested objections, appeals and asset sales can take a long time in busy district courts. A recent High Court Division decision on a London arbitration award, for example, came several years after execution was first sought. Tracing assets early and preparing a complete documentary record are the best ways to shorten the process.
05Can I enforce an English injunction or costs order in Bangladesh?
Section 44A applies only to decrees for a sum of money, so non-money orders such as injunctions, declarations and orders for specific performance cannot be executed directly. They can, in principle, support a fresh suit in Bangladesh, where the court will treat the English judgment as conclusive on the matters it decided, subject to section 13. A costs order for a fixed sum is a money judgment, but check that it comes from a court covered by the notification.
06Can I get the money out of Bangladesh after enforcement?
Recovered funds are usually paid in Taka, and converting and remitting them abroad is a foreign exchange transaction. It goes through an authorised dealer bank under Bangladesh Bank’s regulations, and the bank will want the court’s orders, evidence of the debt and evidence of any tax deducted. Plan the remittance before execution finishes and keep the court record complete. Where the underlying transaction itself breached Bangladeshi exchange control, expect closer scrutiny.
Sources and official materials
- Code of Civil Procedure, 1908 (Bangladesh), Laws of Bangladesh — Official text including sections 13, 14, 44A and 47
- Code of Civil Procedure, 1908 (Bangladesh), WIPO Lex — English text of the Code, including section 44A and its explanations
- Civil Procedure Rules, Part 6: service of documents — Service in and out of the jurisdiction in England and Wales
- Civil Procedure Rules, Part 74: enforcement of judgments in different jurisdictions — Certified copies and cross-border enforcement procedure in England
- Bangladesh Bank FEPD-1 Circular No. 40 (30 September 2026) — Foreign exchange rules on outward remittances through authorised dealers
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.