Search Legislation

Advanced Search

Civil Jurisdiction and Judgments Act 1982

Help about what version

What Version

Help about advanced features

Advanced Features

Status:

Point in time view as at 06/11/2012.

Changes to legislation:

Civil Jurisdiction and Judgments Act 1982, Cross Heading: Supplementary provisions as to recognition and enforcement of judgments is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Supplementary provisions as to recognition and enforcement of judgmentsU.K.

4 Enforcement of judgments other than maintenance orders.U.K.

(1)A judgment, other than a maintenance order, which is the subject of an application under Article 31 [F1of the 1968 Convention F2. . . ] for its enforcement in any part of the United Kingdom shall, to the extent that its enforcement is authorised by the appropriate court, be registered in the prescribed manner in that court.

In this subsection “the appropriate court” means the court to which the application is made in pursuance of Article 32 (that is to say, the High Court or the Court of Session).

(2)Where a judgment is registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(3)A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(4)Subsection (3) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under this section may be enforced.

Textual Amendments

Modifications etc. (not altering text)

C1S. 4 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2.

[F34AEnforcement of judgments, other than maintenance orders, under the Lugano ConventionU.K.

(1)Where a judgment, other than a maintenance order, is registered under the Lugano Convention, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(2)A judgment other than a maintenance order registered under the Lugano Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(3)Subsection (2) is subject to Article 47(3) of the Lugano Convention (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the Lugano Convention may be enforced.]

Textual Amendments

Modifications etc. (not altering text)

5 Recognition and enforcement of maintenance orders.U.K.

(1)The function of transmitting to the appropriate court an application under Article 31 [F4of the 1968 Convention F5. . . ] for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged—

[F6(a)as respects England and Wales F7. . . , by the Lord Chancellor; and

(b)as respects Scotland, by the Secretary of State][F8; and

(c)as respects Northern Ireland, by the Department of Justice in Northern Ireland.]

In this subsection “the appropriate court” means the magistrates’ court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32.

(2)Such an application shall be determined in the first instance by the prescribed officer of that court.

(3)Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.

(4)A maintenance order registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been originally made by the registering court.

(5)Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.

[F9(5A)A maintenance order which by virtue of this section is enforceable by a magistrates’ court in England and Wales [F10shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (5B) and (5C) below, be enforceable] in the same manner as a magistrates’ court maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the M1Magistrates’ Courts Act 1980.]

[F11(5B)Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

“(4)Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5)The powers of the court are—

(a)the power to order that payments under the order be made directly to [F12the designated officer for the court or for any other magistrates' court];

(b)the power to order that payments under the order be made to [F12the designated officer for the court or for any other magistrates' court] by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under the M2Attachment of Earnings Act 1971 to secure payments under the order.

(6)In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

(7)Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under paragraph (b) of section 76(5) below, and””

(5C)In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

“(b)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (b) of section 76(5) above.”]

(6)A maintenance order which by virtue of this section is enforceable by a magistrates’ court in [F13England and Wales or] Northern Ireland [F14shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (6A) below, be enforceable][F15as an order made by that court to which that article applies].

[F16(6A)Article 98 (enforcement of sums adjudged to be paid) shall have effect—

(a)as if for paragraph (7)(a) there were substituted the following paragraph—

“(a) “if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (8C)(b);”

(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

“(8B)Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

(8C)The powers mentioned in paragraph (8B) are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(8D)In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

(8E)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and””]

(7)The payer under a maintenance order registered under this section in a magistrates’ court in England and Wales or Northern Ireland shall give notice of any change of address to the [F17proper officer] of that court.

A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F18level 2 on the standard scale].

[F19(8)In subsection (7) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the [F20designated officer] for the court; and

(b)in relation to a magistrates’ court in Northern Ireland, the clerk of the court.]

Textual Amendments

F6S. 5(1)(a)(b) substituted (1.4.1992) by S.I. 1992/709, art. 4(7) (with art. 5(2))

Modifications etc. (not altering text)

C3S. 5 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 3.

C4S. 5(1): functions of the Secretary of State as respects England and Wales transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 4(6)(a)(b) (with art. 5(2))

Marginal Citations

[F215ARecognition and enforcement of maintenance orders under the Lugano ConventionU.K.

(1)The Secretary of State's function (under Article 39 and Annex II of the Lugano Convention) of transmitting to the appropriate court an application for the recognition or enforcement in the United Kingdom of a maintenance order (made under Article 38 of the Lugano Convention) shall be discharged—

(a)as respects England and WalesF22. . . , by the Lord Chancellor; and

(b)as respects Scotland, by the Scottish Ministers [F23; and

(c)as respects Northern Ireland, by the Department of Justice in Northern Ireland].

In this subsection “the appropriate court” means the magistrates' court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 39.

(2)Such an application shall be determined in the first instance by the prescribed officer of the court having jurisdiction in the matter.

(3)A maintenance order registered under the Lugano Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been made by the registering court.

(4)Subsection (3) is subject to Article 47 of the Lugano Convention (restriction on enforcement where appeal pending or time for appeal unexpired), to subsection (6) and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under the Lugano Convention may be enforced.

(5)A maintenance order which by virtue of the Lugano Convention is enforceable by a magistrates' court in England and Wales shall, subject to the modifications of sections 76 and 93 of the Magistrates' Courts Act 1980 specified in sections 5(5B) and 5(5C) of the Act, be enforceable in the same manner as a magistrates' court maintenance order made by that court.

In this subsection “magistrates' court maintenance order” has the same meaning as in section 150(1) of the Magistrates' Courts Act 1980.

(6)A maintenance order which by virtue of the Lugano Convention is enforceable by a magistrates' court in Northern Ireland shall, subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 specified in section 5(6A) of this Act, be enforceable as an order made by that court to which that Article applies.

(7)The payer under a maintenance order registered under the Lugano Convention in a magistrates' court in England and Wales or Northern Ireland shall give notice of any change of address to the proper officer of that court.

(8)A person who without reasonable excuse fails to comply with subsection (7) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(9)In subsection (7) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the designated officer; and

(b)in relation to a magistrates' court in Northern Ireland, the clerk of the court.]

Textual Amendments

Modifications etc. (not altering text)

C5S. 5A applied (with modifications) (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 47(2)-(4) (with reg. 48)

6 Appeals under Article 37, second paragraph and Article 41.U.K.

(1)The single further appeal on a point of law referred to [F24in the 1968 Convention F25. . . ] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the [F26Supreme Court] in accordance with Part II of the M3Administration of Justice Act 1969 (appeals direct from the High Court to the [F26Supreme Court]);

(b)in Scotland, to the Inner House of the Court of Session.

(2)Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to [F27the Supreme Court] in cases where no appeal to [F27the Supreme Court] lies from a decision of the Court of Appeal).

(3)The single further appeal on a point of law referred to [F28in [F29the 1968 Convention]] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a maintenance order lies—

(a)in England and Wales, [F30to a county court in accordance with section 111A] of the M4Magistrates’ Courts Act 1980;

(b)in Scotland, to the Inner House of the Court of Session;

(c)in Northern Ireland, to the Court of Appeal.

Textual Amendments

Modifications etc. (not altering text)

C6S. 6(1)(2) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

C7S. 6(3) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Marginal Citations

[F316AAppeals under Article 44 and Annex IV of the Lugano ConventionU.K.

(1)The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);

(b)in Scotland, to the Inner House of the Court of Session.

(2)Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that House lies from a decision of the Court of Appeal).

(3)The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a maintenance order lies—

(a)in England and Wales, to a county court in accordance with section 111A of the Magistrates' Courts Act 1980;

(b)in Scotland, to the Inner House of the Court of Session;

(c)in Northern Ireland, to the Court of Appeal.]

Textual Amendments

Modifications etc. (not altering text)

7 Interest on registered judgments.U.K.

(1)Subject to subsection (4), where in connection with an application for registration of a judgment under section [F324, 4A, 5 or 5A] the applicant shows—

(a)that the judgment provides for the payment of a sum of money; and

(b)that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, apart from section 4(2), from the registration of the judgment shall carry interest in accordance with the registered particulars.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(3)Costs or expenses recoverable by virtue of section 4(2) shall carry interest as if they were the subject of an order for the payment of costs or expenses made by the registering court on the date of registration.

(4)Interest on arrears of sums payable under a maintenance order registered under section 5 in a magistrates’ court in England and Wales or Northern Ireland shall not be recoverable in that court, but without prejudice to the operation in relation to any such order of section 2A of the M5Maintenance Orders Act 1958 or section 11A of the M6Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (which enable interest to be recovered if the order is re-registered for enforcement in the High Court).

(5)Except as mentioned in subsection (4), debts under judgments registered under section [F334, 4A, 5 or 5A] shall carry interest only as provided by this section.

Textual Amendments

Modifications etc. (not altering text)

C9S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

C10S. 7 applied (with modifications) (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 47(2)-(4) (with reg. 48)

Marginal Citations

8 Currency of payment under registered maintenance orders.U.K.

(1)Sums payable in the United Kingdom under a maintenance order by virtue of its registration under section 5 [F34or 5A], including any arrears so payable, shall be paid in the currency of the United Kingdom.

(2)Where the order is expressed in any other currency, the amounts shall be converted on the basis of the exchange rate prevailing on the date of registration of the order.

(3)For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be evidence, and in Scotland sufficient evidence, of the facts stated.

Textual Amendments

Modifications etc. (not altering text)

C11S. 8 applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: