The Civil Procedure Rules 1998

Application under s.10 of the Act of 1933 for certified copy of county court judgment

Rule 2—(1) An application under section 10 of the Act of 1933 for a certified copy of a judgment of a county court may be made by filing a witness statement or affidavit, made by a solicitor of the party entitled to enforce the judgment, or by the party himself, if he is acting in person.

(2) A witness statement or affidavit by which an application under section 10 of the Act of 1933 is made must—

(a) give particulars of the proceedings in which the judgment was obtained;

(b) have annexed to it evidence of service on the defendant of the claim form or other process by which the proceedings were begun (where service was effected otherwise than through the court), copies of the statements of case, if any, and a statement of the grounds on which the judgment was based;

(c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;

(d) show that the judgment is not subject to any stay of execution;

(e) state that the time for appealing or applying for a re-hearing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been given or an application for a re-hearing has been made; and

(f) state whether interest is recoverable on the judgment or part thereof and, if so, the rate and period in respect of which it is recoverable.

(3) The certified copy of the judgment shall be a sealed copy indorsed with a certificate signed by the district judge certifying that the copy is a true copy of a judgment obtained in the county court and that it is issued in accordance with section 10 of the Act of 1933.

(4) There shall also be issued a sealed certificate signed by the district judge and having annexed to it a copy of the claim form or other process by which the proceedings were begun and stating—

(a) the manner in which the claim form or other process was served on the defendant or that the defendant has delivered to the court an admission, defence or counterclaim;

(b) what objections, if any, were made to the jurisdiction;

(c) what statements of case, if any, were filed;

(d) the grounds on which the judgment was based;

(e) that the time for appealing or applying for a re-hearing has expired or, as the case may be, the date on which it will expire;

(f) whether notice of appeal against the judgment has been given or an application for a re-hearing has been made;

(g) whether interest is recoverable on the judgment or part thereof and, if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue; and

(h) such other particulars as it may be necessary to give the court in the foreign country in which it is sought to obtain execution of the judgment.