Rule 2(5)
8.33. Rules 8.33 to 8.63 apply to proceedings for the recognition, non-recognition and registration of—
(a)judgments to which the Council Regulation applies;
(b)measures to which the 1996 Hague Convention applies; and
(c)judgments to which the Jurisdiction and Recognition of Judgments Regulations apply, and which relate to dissolution, annulment or legal separation of overseas relationships entitled to be treated as a civil partnership.
8.34.—(1) In rules 8.33 to 8.63—
(a)“Central Authority” means, in relation to Northern Ireland, the Department of Justice;
(b)“Contracting State” means a State, other than a Member State, in relation to which the 1996 Hague Convention is in force as between that State and the United Kingdom;
(c)“judgment” is to be construed—
(i)in accordance with the definition in Article 2(4) of the Council Regulation where it applies;
(ii)in accordance with regulation 6 of the Jurisdiction and Recognition of Judgments Regulations where they apply; or
(iii)as meaning any measure taken by an authority with jurisdiction under Chapter II of the 1996 Hague Convention where that Convention applies;
(d)“the Jurisdiction and Recognition of Judgments Regulations” means the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005(1);
(e)“Member State” includes, where recognition is sought of a judgment to which the Jurisdiction and Recognition of Judgments Regulations apply, a Member State of the European Union to which Part II of those Regulations applies;
(f)“parental responsibility”—
(i)where the Council Regulation applies, has the meaning given in Article 2(7) of that Regulation; and
(ii)where the 1996 Hague Convention applies, has the meaning given in Article 1(2) of that Convention; and
(g)“the Service Regulation” means Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters (service of documents) and repealing Council Regulation (EC) No.1348/2000.
(2) References in rules 8.33 to 8.63 to registration are to the registration of a judgment in accordance with the provisions of those rules.
8.35.—(1) Every application under rules 8.33 to 8.63, except for an application under rule 8.56, for a certified copy of a judgment or certificate, or under rule 8.61, for rectification of a certificate issued under Articles 41 or 42 of the Council Regulation, must be filed with the Office of Care and Protection.
(2) Notwithstanding paragraph (1), where recognition of a judgment is raised as an incidental question in proceedings under the Council Regulation, 1996 Hague Convention or the Jurisdiction and Recognition of Judgments Regulations the court hearing those proceedings may determine the question of recognition.
8.36.—(1) Any interested person may apply to the court for an order that the judgment be registered, recognised or not recognised.
(2) Except for an application under rule 8.46, an application for registration, recognition or non-recognition must be made to the Master.
(3) In the case of an application under the Jurisdiction and Recognition of Judgments Regulations or the 1996 Hague Convention, a translation of the judgment must be supplied.
(4) Where any document required by rules 8.33 to 8.63 or by the direction of the court under rule 8.44 is not in the English language, the applicant must supply a translation of each such document into English by a notary public or a person qualified for the purpose, authenticated by witness statement or affidavit.
8.37. An application for registration or recognition under the Council Regulation must be accompanied by supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting—
(i)the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;
(ii)the certificate, in the form set out in Annex I or Annex II of the Council Regulation, issued by the Member State in which judgment was given;
(iii)in the case of a judgment given in default, the documents referred to in Article 37(2) of the Council Regulation;
(iv)where it is appropriate under Article 56 of the Council Regulation, evidence of the consent of the relevant authority or authorities;
(b)stating—
(i)whether the judgment provides for the payment of a sum or sums of money;
(ii)whether interest is recoverable on the judgment or part of it in accordance with the law of the Member State in which the judgment was given, and if so, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue;
(c)giving an address within the jurisdiction of the court for service of process on the party making the application and stating, so far as is known to the witness, the name and the usual or last known address or place of business of the person against whom judgment was given;
(d)stating, where appropriate, whether Article 56 has been complied with and giving the identity and address of the authority or authorities from whom consent has been obtained.
8.38. An application for an order that a judgment should not be recognised under the Council Regulation must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting—
(i)the documents referred to in rule 8.37(a)(i) and (ii);
(ii)in the case of a judgment given in default, the documents referred to in Article 37(2) of the Council Regulation or a statement that no service or acceptance of service has occurred if that is the case;
(iii)the documents to support the statement referred to in paragraph (c);
(b)giving an address within the jurisdiction of the court for service of process on the party making the application and stating, so far as is known to the witness, the name and the usual or last known address or place of business of the person in whose favour judgment was given;
(c)stating, to the best of the information or belief of the witness, the ground or grounds under Articles 22 or 23 of the Council Regulation (as the case may be) on which it is requested that the judgment should not be recognised and the reasons why the witness asserts that such ground or grounds is or are made out.
8.39.—(1) An application for registration under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting—
(i)the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;
(ii)those documents necessary to show that the judgment is enforceable according to the law of the Contracting State in which it was given;
(ii)any documents to support the statements referred to paragraph (d);
(b)giving a description of the opportunities provided by the authority which gave the judgment in question for the child to be heard, except where that judgment was given in a case of urgency;
(c)giving details of any measures taken in a non-Contracting State of the habitual residence of the child, if applicable, specifying the nature and effect of the measure, and the date on which it was taken;
(d)in so far as not apparent from the copy of the judgment provided, stating the grounds on which the authority which gave the judgment has based its jurisdiction;
(e)where appropriate, stating whether Article 33 of the 1996 Hague Convention has been complied with, and the identity and address of the authority or authorities from which consent has been obtained;
(f)giving the information referred to in rule 8.37(b) and (c).
8.40. An application for an order that a judgment should not be recognised under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting —
(i)the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;
(ii)any documents to support the statements referred to in paragraph (b);
(b)stating the ground or grounds under Articles 23 of the 1996 Hague Convention on which it is requested that the judgment should not be recognised and the reasons why the applicant asserts that such ground or grounds is or are made out; and
(c)giving an address within the jurisdiction of the court for service of process on the applicant and stating, so far as is known to the applicant, the name and usual or last known address or place of business of the person in whose favour the judgment was given.
8.41. Where it is sought to apply for recognition only of a judgment under the 1996 Hague Convention, the provisions of rule 8.39 apply with the exception that the applicant is not required to produce the document referred to in rule 8.39(a)(ii).
8.42. An application for recognition of a judgment under regulation 7 of the Jurisdiction and Recognition of Judgments Regulations must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;
(b)exhibiting, where the judgment was obtained otherwise than by means of proceedings—
(i)an official document certifying that the judgment is effective under the law of the country in which it was obtained;
(ii)where either civil partner was domiciled in another country from that in which the judgment was obtained at the relevant date, an official document certifying that the judgment is recognised as valid under the law of that country.
(c)exhibiting, where the judgment was obtained by means of proceedings and given in default, the document which establishes that the party who did not respond was served with the document instituting the proceedings or with an equivalent document, or any document indicating that the respondent has accepted the judgment unequivocally;
(d)giving—
(i)the information referred to in rule 8.37(b) and (c); and
(ii)where applicable, details of any decision determining the question of the substance or validity of the civil partnership previously given by a court of civil jurisdiction in Northern Ireland, or by a court elsewhere.
8.43. An application for an order that a judgment should not be recognised under regulation 8 of the Jurisdiction and Recognition of Judgments Regulations must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting—
(i)the judgment, or a verified, certified or otherwise duly authenticated copy of the judgment;
(ii)any documents to support the statements referred to in paragraphs (b) and (c);
(iii)where the judgment was obtained by means of proceedings and given in default, the document referred to in rule 8.42(c) or a statement that no such service or acceptance occurred if that is the case.
(b)giving an address within the jurisdiction of the court for service of process on the applicant and stating, so far as is known to the applicant, the name and usual or last known address or place of business of the person in whose favour judgment was given;
(c)stating the ground or grounds under regulation 8 on which it is requested that the judgment should not be recognised and the reasons why the applicant asserts that such ground or grounds is or are made out.
8.44.—(1) Except as regards a copy of a judgment required by Article 37(1)(a) of the Council Regulation, where the person making an application under rules 8.33 to 8.63 does not produce the documents required by those rules, the court may—
(a)fix a time within which the documents are to be produced;
(b)accept equivalent documents; or
(c)dispense with production of the documents if the court considers it has sufficient information.
(2) This rule does not apply to applications under rule 8.46.
8.45.—(1) As soon as practicable after an application under rules 8.33 to 8.63 has been made, the court may (subject to the requirements of the Council Regulation) give such directions as it considers appropriate, including as regards the following matters—
(a)whether service of the application may be dispensed with;
(b)expedition of the proceedings or any part of the proceedings (and any direction for expedition may specify a date by which the court must give its decision);
(c)the steps to be taken in the proceedings and the time by which each step is to be taken;
(d)the service of documents; and
(e)the filing of evidence.
(2) The proper officer or chief clerk will—
(a)record the giving, variation or revocation of directions under this rule; and
(b)as soon as practicable serve a copy of the directions order on every party.
8.46.—(1) This rule applies where a judgment has been given in another Member State—
(a)relating to rights of access: or
(b)under Article 11(8) of the Council Regulation for the return of a child to that State,
which has been certified, in accordance with Article 41(2) or 42(2) as the case may be, by the judge in the court of origin.
(2) An application for recognition or enforcement of the judgment must be—
(a)made in writing to the Master; and
(b)accompanied by a copy of the certificate issued by the judge in the court of origin.
(3) The application may be made without notice.
(4) Rules 8.44 and 8.47 to 8.55 do not apply to an application made under this rule.
(5) Nothing in this rule prevents a holder of parental responsibility from seeking recognition and enforcement of a judgment in accordance with the provisions of rules 8.47 to 8.55.
8.47.—(1) This rule applies where an application is made for an order that a judgment given in another Member State, or a Contracting State, should be registered, or should not be recognised, except where rule 8.46 applies.
(2) Where the application is made for an order that the judgment should be registered—
(a)upon receipt of the application, and subject to any direction given by the court under rule 8.45, the proper officer will serve the application on the person against whom registration is sought;
(b)the court will not accept submissions from either the person against whom registration is sought or any child in relation to whom the judgment was given.
(3) Where the application is for an order that the judgment should not be recognised—
(a)upon receipt of the application, and subject to any direction given by the court under rule 8.45, the proper officer or the chief clerk will serve the application on the person in whose favour judgment was given;
(b)the person in whose favour the judgment was given must file an answer to the application and serve it on the applicant—
(i)within one month of service of the application; or
(ii)if the applicant is habitually resident in another Member State, within two months of service of the application.
(4) In cases to which the 1996 Hague Convention applies and the Council Regulation does not apply, the court may extend the time set out in paragraph (3)(b)(ii) on account of distance.
(5) The person in whose favour the judgment was given may request recognition or registration of the judgment in their answer, and in that event must comply with these rules, to the extent that such documents, information and evidence are not already contained in the application for non-recognition.
(6) If, in a case to which the Council Regulation applies, the person in whose favour the judgment was given fails to file an answer as required by paragraph (3), the court will act in accordance with the provisions of Article 18 of the Council Regulation.
(7) If, in a case to which the 1996 Hague Convention applies and the Service Regulation does not, the person in whose favour the judgment was given fails to file an answer as required by paragraph (3)—
(a)where the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court must apply Article 15 of that Convention; and
(b)in all other cases, the court will not consider the application unless—
(i)it is proved to the satisfaction of the court that the person in whose favour judgment was given was served with the application within a reasonable period of time to arrange his or her answer; or
(ii)the court is satisfied that the circumstances of the case justify proceeding with consideration of the application.
(8) In a case to which the Jurisdiction and Recognition of Judgments Regulations apply, if the person in whose favour judgment was given fails to file an answer as required by paragraph (3), the court will apply the Service Regulation where that Regulation applies, and if it does not—
(a)where the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court must apply Article 15 of that Convention; and
(b)in all other cases, the court will apply the provisions of paragraph (7)(b).
8.48. Where recognition or non-recognition of a judgment given in another Member State or Contracting State is sought, or is raised as an incidental question in other proceedings, the court may stay the proceedings—
(a)if an ordinary appeal against the judgment has been lodged; or
(b)if the judgment was given in the Republic of Ireland, if enforcement of the judgment is suspended there by reason of an appeal.
8.49.—(1) Where the court refuses an application for a decision that a judgment should not be recognised, the court may direct that the decision to refuse the application is to be treated as a decision that the judgment be recognised.
(2) Where the High court refuses an application for a decision that a judgment should not be recognised, that court may—
(a)treat the answer under rule 8.47(3)(b) as an application that the judgment be registered for enforcement if rule 8.47(5) is complied with; and
(b)order that the judgment be registered for enforcement in accordance with rule 8.50.
8.50.—(1) Where the court has—
(a)made an order on an application for an order that a judgment should be registered for enforcement; or
(b)refused an application that a judgment should not be recognised and ordered under rule 8.49(2) that the judgment be registered for enforcement,
the proper officer will as soon as practicable take the appropriate action under paragraph (2) or (3).
(2) If the court refuses the application for the judgment to be registered for enforcement, the proper officer will serve the order on the applicant and the person against whom judgment was given in the state of origin.
(3) If the court orders that the judgment should be registered for enforcement, the proper officer will—
(a)register the judgment in the register of judgments kept by the Office of Care and Protection;
(b)confirm on the order that the judgment has been registered; and
(c)serve on the parties the court’s order endorsed with the proper officer’s confirmation that the judgment has been registered.
(4) A sealed order of the court endorsed in accordance with paragraph (3)(b) will constitute notification that the judgment has been registered under Article 28(2) of the Council Regulation or under Article 26 of the 1996 Hague Convention, as the case may be, and in this rule and rules 8.53 and 8.54 “notice of registration” means a sealed order so endorsed.
(5) The notice of registration must state—
(a)full particulars of the judgment registered and the order for registration;
(b)the name of the party making the application and that party’s address for service within the jurisdiction;
(c)the right of the person against whom judgment was given to appeal against the order for registration; and
(d)the period within which an appeal against the order for registration may be made.
8.51. Registration of a judgment under rule 8.50 will serve for the purpose of Article 21(3) of the Council Regulation, Article 24 of the 1996 Hague Convention, or regulation 7 of the Jurisdiction and Recognition of Judgments Regulations (as the case may be) as a decision that the judgment is recognised.
8.52.—(1) Where an application is made seeking recognition of a judgment only, the provisions of rules 8.47 and 8.48 apply to that application as they do to an application for registration for enforcement.
(2) Where the court orders that the judgment should be recognised, the proper officer or chief clerk will serve a copy of the order on each party as soon as practicable.
(3) A sealed order of the court will constitute notification that the judgment has been recognised under Article 21(3) of the Council Regulation, Article 24 of the 1996 Hague Convention or regulation 7 of the Jurisdiction and Recognition of Judgments Regulations, as the case may be.
(4) The sealed order must indicate—
(a)full particulars of the judgment recognised;
(b)the name of the party making the application and that party’s address for service within the jurisdiction;
(c)the right of the person against whom judgment was given to appeal against the order for recognition; and
(d)the period within which an appeal against the order for recognition may be made.
8.53.—(1) An appeal against the court’s decision under rules 8.49, 8.50 or 8.52 must be made to a judge of the High Court—
(a)within one month of the date of service of the notice of registration; or
(b)if the party bringing the appeal is habitually resident in another Member State, or a Contracting State, within two months of the date of service.
(2) The court may not extend time for an appeal on account of distance unless the matter is one to which the 1996 Hague Convention applies and the Council Regulation does not apply.
(3) If, in a case to which the 1996 Hague Convention applies and the Service Regulation does not, the appeal is brought by the applicant for a declaration of enforceability or registration and the respondent fails to appear—
(a)where the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court must apply Article 15 of that Convention; and
(b)in all other cases, the court will not consider the appeal unless—
(i)it is proved to the satisfaction of the court that the respondent was served with notice of the appeal within a reasonable period of time to arrange his or her response; or
(ii)the court is satisfied that the circumstances of the case justify proceeding with consideration of the appeal.
(4) This rule is subject to rule 8.54.
8.54.—(1) A party against whom enforcement is sought of a judgment which has been registered under rule 8.50 may apply to the court with which an appeal is lodged under rule 8.53 for the proceedings to be stayed where—
(a)that party has lodged an ordinary appeal in the Member State or Contracting State of origin; or
(b)the time for such an appeal has not yet expired.
(2) Where an application for a stay is filed in the circumstances described in paragraph (1)(b), the court may specify the time within which an appeal must be lodged.
8.55.—(1) The court will not enforce a judgment registered under rule 8.50 until after—
(a)the expiration of any applicable period under rules 8.53 or 8.54; or
(b)if that period has been extended by the court, the expiration of the period so extended.
(2) A party applying to the court for the enforcement of a registered judgment must produce to the court a certificate of service of—
(a)the notice of registration of the judgment; and
(b)any order made by the court in relation to the judgment.
8.56.—(1) An application for a certified copy of a judgment, or for a certificate under Articles 39, 41 or 42 of the Council Regulation, must be made to the court which made the order and without giving notice to any other party.
(2) The certified copy of the judgment will be an office copy sealed with the seal of the court and signed by the Master or by the chief clerk where the application is made to the county court. It will be issued with a certified copy of any order which has varied any of the terms of the original order.
(3) Where the application is made for the purposes of applying for recognition or recognition and enforcement of the order in another Contracting State, the court must indicate on the certified copy of the judgment the grounds on which it based its jurisdiction to make the order, for the purposes of Article 23(2)(a) of the 1996 Hague Convention.
8.57. An application for a certified copy of the judgment and a certificate under Article 41 or 42 of the Council Regulation must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting—
(i)a copy of the application by which the proceedings were begun;
(ii)a copy of all pleadings filed in the proceedings;
(iii)a document showing that the applicant has benefited from legal aid in the proceedings to which the judgment relates;
(iv)evidence of service of the application on all respondents, and if no such service occurred, evidence of all opportunities provided to each respondent to put their case before the court;
(b)giving details of the proceedings in which the judgment was obtained;
(c)stating—
(i)whether the certificate is sought under Article 41 or Article 42;
(ii)the full names, addresses and dates and places of birth (where available) of all persons holding parental responsibility in relation to the child or children to whom the judgment relates;
(iii)the full names and dates of birth of each child to whom the judgment relates;
(iv)the age of the child at the time of the judgment and the opportunities given during the proceedings, if any, for the child’s wishes and feelings to be ascertained;
(v)whether the judgment provides for the payment of a sum or sums of money; and
(vi)whether interest is recoverable on the judgment or part of it in accordance with the law of the Member State in which the judgment was given, and if so, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue.
8.58. An application for a certified copy of the judgment and a certificate under Article 39 of the Council Regulation must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting—
(i)the documents referred to in rule 8.57(a)(i) to (iii);
(ii)in relation to a parental responsibility matter, evidence that the judgment has been served on the respondent;
(iii)in the case of a judgment given in default, a document which establishes that the respondent was served with the application by which the proceedings were commenced, or any document indicating that the respondent accepted the judgment unequivocally;
(b)stating whether—
(i)the certificate sought relates to a parental responsibility matter or a matrimonial matter;
(ii)the judgment provides for the payment of a sum or sums of money; and
(iii)interest is recoverable on the judgment or part of it in accordance with the law of the Member State in which the judgment was given, and if so, the rate of interest, the date from which the interest is recoverable, and the date on which interest ceases to accrue.
(c)stating that the time for service has expired, or the date on which it will expire, as appropriate, and whether a notice of appeal against the judgment has been given;
(d)in relation to a matrimonial matter, stating the full name, address, country and place of birth, and date of birth of each party and the country, place and date of the marriage;
(e)in relation to a parental responsibility matter, stating the full name, address, place and date of birth of each person who holds parental responsibility; and
(f)as appropriate, the name, address, and date of birth of the person with access rights or to whom the child is to be returned.
8.59. An application for a certified copy of the judgment for the purposes of recognition and enforcement of the judgment under the 1996 Hague Convention must be supported by a statement that is sworn to be true or an affidavit—
(a)exhibiting—
(i)the documents referred to in rule 8.57(a)(i) and (ii);
(ii)evidence of service of the proceedings, if any;
(b)stating the grounds on which the court based its jurisdiction to make the orders in question;
(c)stating the age of the child at the time of the judgment and the measures taken, if any, for the child’s wishes and feelings to be ascertained; and
(d)stating which persons were provided with notice of the proceedings.
8.60. The proper officer or chief clerk, as the case may be, will serve—
(a)a certificate issued under Articles 41 or 42;
(b)a certificate rectified under rule 8.61,
on all parties and will transmit a copy to the Central Authority for Northern Ireland which will keep a register of those certificates.
8.61.—(1) Where there is an error in a certificate issued under Articles 41 or 42, an application to rectify that error must be made to the court which issued the certificate.
(2) A rectification under paragraph (1) may be made—
(a)by the court of its own motion; or
(b)on application by—
(i)any party to the proceedings;
(ii)the Central Authority for Northern Ireland; or
(ii)the court or Central Authority of another Member State.
(3) An application under paragraph (2)(b) may be made without notice being served on any other party.
8.62. Rules 8.33 to 8.63 apply to an authentic instrument and an agreement to which Article 46 of the Council Regulation applies as they apply to a judgment.
8.63. An application for provisional, including protective measures, under Article 20 of the Council Regulation or Articles 11 or 12 of the 1996 Hague Convention may be made notwithstanding that the time for appealing against an order for registration of a judgment has not expired or that a final determination of any issue relating to enforcement of the judgment is pending.”