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

Application of provisions of the Civil Jurisdiction and Judgments Act 1982 to judicial settlements under the 2019 Hague Convention

19.—(1) In this regulation, “ judicial settlements” means judicial settlements referred to in Article 11 of the 2019 Hague Convention.

(2) Subject to the modification specified in paragraph (3), sections 4C(1), 6C(2), 7 and 11C(3) of the 1982 Act apply to judicial settlements as if they were judgments.

(3) In the application of section 4C(6) of the 1982 Act to judicial settlements, for “as if the judgment had been originally given” substitute “as if it were a judgment which had been originally given”.

(4) The disapplication of section 18 of the 1982 Act (enforcement of United Kingdom judgments in other parts of the United Kingdom) by section 18(7) extends to judicial settlements enforceable in a 2019 Hague Convention State outside the United Kingdom which fall to be treated for the purposes of their enforcement as judgments of a court of law in the United Kingdom by virtue of registration under the 1982 Act.

(5) Section 48 of the 1982 Act (matters for which rules of court may provide) applies to judicial settlements as if they were judgments to which the 2019 Hague Convention applies.

(1)

Section 4C is inserted by regulation 6.

(2)

Section 6C is inserted by regulation 8.

(3)

Section 11C is inserted by regulation 11.