Civil Jurisdiction and Judgments Act 1982 (c. 27)

Part I U.K. Implementation of the Conventions

Supplementary provisions as to recognition and enforcement of judgments U.K.

F1 4 Enforcement of judgments other than maintenance orders. U.K.

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Textual Amendments

F1 S. 4 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 10 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F2 4A Enforcement of judgments, other than maintenance orders, under the Lugano Convention U.K.

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Textual Amendments

F2 S. 4A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 11 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

[F3 4B. Registration and enforcement of judgments under the 2005 Hague Convention U.K.

[F4 (1) Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.]

(2) In subsection (1) “the appropriate court” means—

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session.

[F5 (3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—

(a) the requirements of Article 13 of the 2005 Hague Convention have been met, and

(b) the judgment—

(i) meets the condition in Article 8(3) of the 2005 Hague Convention, and

(ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.]

(4) The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5) Where a judgment F6 ... has been registered [F7 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.

(6) A judgment [F8 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.

(7) Subsection (6) is subject 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 2005 Hague Convention may be enforced.]

Textual Amendments

F3 S. 4B inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 4

F4 S. 4B(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(2) (with reg. 20)

F5 S. 4B(3) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(3) (with reg. 20)

F6 Words in s. 4B(5) omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(a) (with reg. 20)

F7 Words in s. 4B(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(b) (with reg. 20)

F8 Words in s. 4B(6) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(5) (with reg. 20)

Modifications etc. (not altering text)

C1 S. 4B applied (with modifications) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 25(2)(3)

[F9 4C Registration and enforcement of judgments under the 2019 Hague Convention U.K.

(1) Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

(2) In subsection (1) “the appropriate court” means—

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session.

(3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that—

(a) the requirements of Article 12 of the 2019 Hague Convention have been met, and

(b) the judgment—

(i) meets the condition in Article 4(3) of the 2019 Hague Convention,

(ii) meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and

(iii) otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention.

(4) The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5) Where a judgment has been 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.

(6) 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.

(7) Subsection (6) is subject 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 2019 Hague Convention may be enforced.]

Textual Amendments

F9 S. 4C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 7

Modifications etc. (not altering text)

C2 S. 4C applied (with modifications) (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)-(3)

F10 5 Recognition and enforcement of maintenance orders. U.K.

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Textual Amendments

F10 S. 5 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 12 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F11 5A Recognition and enforcement of maintenance orders under the Lugano Convention U.K.

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Textual Amendments

F11 S. 5A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 13 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F12 6 Appeals under Article 37, second paragraph and Article 41. U.K.

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Textual Amendments

F12 S. 6 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 14 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F13 6A Appeals under Article 44 and Annex IV of the Lugano Convention U.K.

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Textual Amendments

F13 S. 6A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 15 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

[F14 6B. Applications to set aside decisions on registration of judgments under the 2005 Hague Convention U.K.

(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.]

Textual Amendments

F14 S. 6B substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 8 (with reg. 20)

[F15 6C Applications to set aside decisions on registration of judgments under the 2019 Hague Convention U.K.

(1) Either party may apply to set aside a decision on an application under section 4C(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 4(3) of the 2019 Hague Convention is not met,

(ii) none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or

(iii) the judgment otherwise does not meet the requirements of the 2019 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 2019 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 4(3) of the 2019 Hague Convention is met,

(ii) at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,

(iii) the judgment otherwise meets the requirements of the 2019 Hague Convention, and

(iv) none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 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 sub-paragraphs (ii) and (iii) of paragraph (a) are met, and

(iii) one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

(5) Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C.]

Textual Amendments

F15 S. 6C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 9

Modifications etc. (not altering text)

C3 S. 6C applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

7 Interest on registered judgments. U.K.

(1) F16 ... Where in connection with an application for registration of a judgment under section F17 ... [F18 4BF19 ...] [F20 , 4C, 6B or 6C] 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, F21 ... 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.

F22 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F24 ... Debts under judgments registered under section F25 ... [F26 4B]F27 ... [F28 , 4C, 6B or 6C] shall carry interest only as provided by this section.

Textual Amendments

F16 Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Word in s. 7(1) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 6

F19 Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in s. 7(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10

F21 Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(d) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F22 S. 7(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F23 S. 7(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(4) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in s. 7(5) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(5)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in s. 7(5) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(5)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Word in s. 7(5) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 6

F27 Words in s. 7(5) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(5)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in s. 7(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10

Modifications etc. (not altering text)

C4 S. 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).

C5 S. 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)

C6 S. 7 applied (with modifications) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 25(2)

C7 S. 7 applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

F29 8 Currency of payment under registered maintenance orders. U.K.

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Textual Amendments

F29 S. 8 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 17 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)