The Civil Procedure Rules 1998

[F1 Scope of this Part and interpretation E+W

74.1— (1) Section I of this Part applies to the enforcement in England and Wales of judgments of foreign courts.

(2) Section II applies to the enforcement in foreign countries of judgments of the High Court and of county courts.

(3) Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom.

(4) Section IV applies to the enforcement in England and Wales of European Community judgments and Euratom inspection orders.

[F2 (4A) Section V applies to—

(a) the certification of judgments and court settlements in England and Wales as European Enforcement Orders; and

(b) the enforcement in England and Wales of judgments, court settlements and authentic instruments certified as European Enforcement Orders by other Member States.]

(5) In this Part—

(a) “the 1920 Act” means the Administration of Justice Act 1920(1);

(b) “the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 1933(2);

(c) “the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(3);

(d) “the Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F3 , as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters].

[F4 (e) “the EEO Regulation” means Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims.]

[F5 (f) “the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30^th October 2007.]

[F6 (A copy of the EEO Regulation is annexed to Practice Direction 74B F7 ... and can be found at http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_143/l_14320040430en00150039.pdf)]]

Textual Amendments

F1 Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8

F2 Rule 74.1(4A) inserted (21.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(b), 50(a)

F3 Words in rule 74.1(5)(d) inserted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 1, Sch. para. 31(a)

F4 Rule 74.1(5)(e) inserted (21.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(b), 50(b)

F5 Rule 74.1(5)(f) inserted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), regs. 1(1), 35 (with reg. 48)

F6 Words after rule 74.1 inserted (21.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(b), 51

F7 Words in rule 74.1 omitted (6.4.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 48

(1)

1978 c. 33.

(2)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(3)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.