The Civil Procedure (Amendment No. 2) Rules 2024

Amendment of Part 74

4.—(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 Act(1),”.

(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.”; and

(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) for sub-paragraph (c), substitute—

“(c) the right of the judgment debtor in the case of registration following an application under the 1920 Act(2), the 1933 Act(3) or the 1982 Act, to apply to have the registration set aside;”; and

(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—

“Recognition

74.10— (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”.

(1)

1982 c. 27. Section 4C inserted by S.I. 2024/[xxx] (regulation 7).

(2)

1920 c. 81.

(3)

1933 c. 13. Section 2 was amended by section 4 of the Administration of Justice Act 1977 (c. 38).