A Polish customer has not paid your UK business. The contract refers to English law, but the invoice concerns work completed in Poland. Does that mean you must sue in England? The governing-law clause alone does not answer that question. Before taking action, assess the court, the rules governing the obligation and the possible enforcement of a judgment separately.
Three questions before choosing a route
Governing law concerns the rules used to assess the contract and claim. Jurisdiction concerns the court's authority to hear the dispute. Enforcement concerns the stage after judgment, potentially in another country. Choosing governing law does not automatically choose the court. Cross-border guidance treats these as separate issues. GOV.UK.
An exclusive choice-of-court agreement may require assessment under the 2005 Hague Convention. Its wording, scope and timing need review; a reference to “UK law” alone is insufficient. Arbitration requires a separate assessment. HCCH.
Five steps to prepare
- Identify the parties. Compare the legal names on the contract, order and invoice. Note whether the customer is a company, sole trader or another entity. Do not confuse a trading name with the party to the agreement.
- Collect the complete agreement. Include accepted terms, amendments and order documents. Extract provisions about governing law, courts, arbitration and service separately. Do not assess one sentence without the surrounding agreement.
- Describe performance. Where and when were goods delivered or services provided? Who accepted the work? Is quality disputed? A chronology helps identify questions requiring legal assessment rather than relying solely on the customer's registered address.
- Identify the current stage. If proceedings have started, preserve court papers and dates of receipt. If you have a judgment, prepare the judgment records. Those situations require a different plan from an initial payment request.
- Compare the litigation plan with enforcement. Ask for a review of the court, governing law, service and potential enforcement country together. Translation and later-stage costs should be described in the proposed scope and quotation.
Do not choose a court simply because its online form looks convenient. Nor should you assume that every part of the UK uses the same procedure. Identify whether the matter concerns England and Wales, Scotland or Northern Ireland when preparing for a review.
Questions to ask
There is no court clause. Does that prevent a claim? The absence of a clause does not settle the outcome. The applicable jurisdiction rules and transaction facts need assessment.
Can I add a court clause to the invoice? Do not assume that a unilateral statement after performance changes the earlier agreement. A lawyer should assess the documents and whether the other party accepted them.
What if the English and Polish versions differ? Identify discrepancies and any agreement about the prevailing language. Translation should not expand contractual obligations or the promised scope of assistance.
Prepare a local review
INVOICE UK–PL: start with whether you already have a judgment. Record the customer's country, transaction type and missing documents in your initial summary. Contact us first with a brief, non-confidential summary to discuss the possible scope of assistance. The scope of Polish legal assistance and any need for UK advice must be confirmed. TwojaSprawa is an information and coordination platform, not a law firm. Requires individual legal assessment..
Related guides
- UK–Poland debt recovery: where to start
- UK judgment or CCJ: can you pursue payment in Poland?
- Polish company has not paid your invoice? First steps for UK businesses
About this information
Educational material, not legal advice. TwojaSprawa is an information and coordination platform, not a law firm or debt collection agency. We do not advise on UK law or conduct UK proceedings. Legal assistance in Poland requires a regulated Polish lawyer and confirmation of scope. Recovery and completion dates are not guaranteed. Legal details require individual verification; AI checks are not a lawyer’s approval. A provider and service scope for this category have not yet been confirmed.