2024 No. 595 (L. 10)
The Civil Procedure (Amendment No. 2) Rules 2024
Made
Laid before Parliament
Coming into force in accordance with rule 1(1)
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971 to make rules under section 1 of and Schedule 1 to that Act, and after fulfilling the requirements of section 2(6) of that Act, makes the following Rules.
Citation, commencement and interpretation1
1
These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2024 and come into force on the date on which the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague enters into force in respect of the United Kingdom2.
2
In these Rules a reference to a Part or rule alone means the Part or rule so numbered in the Civil Procedure Rules 19983.
Saving provision2
1
Where an application for registration of—
a
a judgment given by a court of a Contracting State; or
b
a court settlement approved by or concluded before a court of a Contracting State,
was made under section 4B of the Civil Jurisdiction and Judgments Act 19824 before the date on which these Rules come into force, Part 74 applies to proceedings relating to that application as if the changes made by these Rules had not been made.
2
In paragraph (1), “Contracting State” means a State bound by the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague.
Amendments to the Civil Procedure Rules 19983
The Civil Procedure Rules 1998 are amended in accordance with rule 4 of these Rules.
Amendment of Part 744
1
In the entry for rule 74.7 in the list of contents at the beginning of Part 74, for “registration” substitute “a registration order or decision”
.
2
In rule 74.1(5)—
a
in sub-paragraph (g)—
i
for “at the Hague”, substitute “at The Hague”
;
ii
substitute the full stop for a semi-colon; and
b
after sub-paragraph (g), insert—
h
“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague.
3
In rule 74.3(1)—
a
at the end of sub-paragraph (c), insert “and”
; and
b
after sub-paragraph (c), insert—
d
section 4C of the 1982 Act5,
4
In rule 74.4—
a
for paragraph (5A), substitute—
6
Written evidence in support of an application under section 4B of the 1982 Act (registration and enforcement of judgments under the 2005 Hague Convention) must also—
a
confirm that the judgment—
i
meets the condition in Article 8(3) of the 2005 Hague Convention;
ii
otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention; and
b
include any other evidence required by Article 13 of the 2005 Hague Convention.
b
after paragraph (6), insert—
7
Written evidence in support of an application under section 4C of the 1982 Act (registration and enforcement of judgments under the 2019 Hague Convention) must also—
a
confirm that the judgment—
i
meets the condition in Article 4(3) of the 2019 Hague Convention;
ii
meets at least one condition in Article 5 or 6 of the 2019 Hague Convention; and
iii
otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention; and
b
include any other evidence required by Article 12 of the 2019 Hague Convention.
5
In rule 74.5(1)—
a
at the end of sub-paragraph (a), insert “and”
;
b
at the end of sub-paragraph (b), substitute “; and”
for a comma; and
c
omit sub-paragraph (c).
6
In rule 74.6(3)—
a
b
in sub-paragraph (d), omit “or appeal”.
7
In rule 74.7—
a
in the title heading to this rule, for “registration” substitute “a registration order or decision”
; and
b
for paragraph (1), substitute—
1
An application to set aside a decision on a registration application under the 1920 Act, the 1933 Act or the 1982 Act must be made within the period set out in the registration order or decision.
8
Omit rule 74.8.
9
In rule 74.9(2)(b)—
a
omit “or an appeal under rule 74.3”; and
b
after “until the application”, omit “or appeal”.
10
For rule 74.10, substitute—
Recognition74.10
1
Registration of a judgment on an application made under section 4B or 4C of the 1982 Act serves as a decision that the judgment is recognised for the purposes of the 2005 Hague Convention or the 2019 Hague Convention, respectively.
2
An application for registration of a judgment made under section 4B or 4C of the 1982 Act for the purposes of recognition is governed by the same rules as an application for registration of a judgment for the purposes of recognition and enforcement, except that rule 74.4(5)(a) and (c) do not apply.
11
In rule 74.11, after “the 2005 Hague Convention”, insert “or article 11 of the 2019 Hague Convention”
.
I allow these Rules
(This note is not part of the Rules)