- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
8. For section 6B (appeals in relation to registration of judgments under the 2005 Hague Convention)(1) substitute—
(1) Either party may apply to set aside the decision on an application under section 4B(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 8(3) of the 2005 Hague Convention is not met, or
(ii)the judgment otherwise does not meet the requirements of the 2005 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 2005 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 8(3) of the 2005 Hague Convention is met,
(ii)the judgment otherwise meets the requirements of the 2005 Hague Convention, and
(iii)none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 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 paragraph (a)(ii) are met, and
(iii)one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,
or otherwise considers that it is appropriate to do so.
(5) Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.”.
Section 6B was inserted by S.I. 2015/1644.
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: