The Reciprocal Enforcement of Foreign Judgments (Norway) Amendment (Scotland) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Reciprocal Enforcement of Foreign Judgments (Norway) Order, 1962 (S.I. 1962/636) to give effect, in Scotland, to the Agreement on the continued application and amendment of the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway providing for the reciprocal recognition and enforcement of judgments in civil matters signed at London on 12 June 1961 (the Agreement), which was signed at Oslo on 13 October 2020. This reflects the fact that at 23:00 on 31 December 2020, the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (the Lugano Convention 2007), to which Norway is a party, will cease to apply to the United Kingdom; the Convention of 12 June 1961, as amended, will therefore continue to apply after this date and provide a system of rules on the mutual recognition and enforcement of judgments in civil matters.

Article 2(2)(b) and (c) of this Order amends the list of courts that are deemed recognised courts of the Kingdom of Norway for the purpose of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 c.13 (23 and 24 Geo. 5) (“the 1933 Act”), so that judgments of those courts can be enforced in the courts of Scotland. Article 2(4) amends the requirements for the written evidence that must be included when an application is made for the registration of a judgment of a court of the Kingdom of Norway.

Article 2(2)(a) and (3) also amends S.I. 1962/636 to update references to “superior courts” to “recognised courts”, in order to reflect the amendments made to section 1 of the 1933 Act by paragraph 1 of schedule 10 of the Civil Jurisdiction and Judgments Act 1982 (c.27).

The schedule of this Order sets out the text of the Agreement.

An equivalent Order making the same provision in respect of England and Wales and Northern Ireland is also made under section 1 of the 1933 Act.

A full impact assessment has not been provided for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.