The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024

Applications to set aside registration of judgments under the 2019 Hague Convention

9.  After section 6B insert—

“6C.    Applications to set aside decisions on registration of judgments under the 2019 Hague Convention

(1) Either party may apply to set aside a decision on an application under section 4C(1).

(2) An application under subsection (1) must be made—

(a) in England and Wales or Northern Ireland, to the High Court;

(b) in Scotland, to the Court of Session.

(3) Where an application under subsection (1) is brought against a decision to register a judgment, the court—

(a) must set aside the decision and refuse to register the judgment if it is satisfied that—

(i) the condition in Article 4(3) of the 2019 Hague Convention is not met,

(ii) none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or

(iii) the judgment otherwise does not meet the requirements of the 2019 Hague Convention;

(b) may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies.

(4) Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

(a) must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in Article 4(3) of the 2019 Hague Convention is met,

(ii) at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,

(iii) the judgment otherwise meets the requirements of the 2019 Hague Convention, and

(iv) none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies;

(b) may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in paragraph (a)(i) is met,

(ii) the requirements referred to in sub-paragraphs (ii) and (iii) of paragraph (a) are met, and

(iii) one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

(5) Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C.”.