- Latest available (Revised)
- Original (As made)
The Civil Procedure Rules 1998, Section 74.1 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
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 [F2the County Court].
(3) Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom.
F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(4B) Section VI applies to—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the enforcement in England and Wales of certified protection measures from Member States of the European Union other than F7... Denmark.]
(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);
F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(g)“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 [F10at The Hague][F11;]]
[F12(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.]
F13 ...]
Textual Amendments
F1Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8
F2Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
F3Rule 74.1(4) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(3)(a) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F4Rule 74.1(4A) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(3)(a) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F5Rule 74.1(4B) inserted (11.1.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(b), 13(b)
F6Rule 74.1(4B)(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(3)(b)(i) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in rule 74.1(4B)(b) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(3)(b)(ii) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F8Rules 74.1(5)(d)-(f) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(3)(c) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F9Rule 74.1(5)(g) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), reg. 1(1), Sch. para. 6
F10Words in rule 74.1(5)(g) substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(2)(a)(i) (with rule 2)
F11Rule 74.1(5)(g): semicolon substituted for full stop (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(2)(a)(ii) (with rule 2)
F12Rule 74.1(5)(h) inserted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(2)(b) (with rule 2)
1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.
1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.