Foreign Judgments (Reciprocal Enforcement) Act 1933

3 Rules of court.U.K.

(1)The power to make [F1Civil Procedure Rules], shall, subject to the provisions of this section, include power to make rules for the following purposes—

(a)For making provision with respect to the giving of security for costs by persons applying for the registration of judgments;

(b)For prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters;

(c)For providing for the service on the judgment debtor of notice of the registration of a judgment;

(d)For making provision with respect to the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed;

(e)For prescribing the method by which any question arising under this Act whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, is to be determined;

(f)For prescribing any matter which under this Part of this Act is to be prescribed.

(2)Rules made for the purposes of this Part of this Act shall be expressed to have, and shall have, effect subject to any such provisions contained in Orders in Council made under section one of this Act as are declared by the said Orders to be necessary for giving effect to agreements made between His Majesty and foreign countries in relation to matters with respect to which there is power to make rules of court for the purposes of this Part of this Act.

Textual Amendments

F1Words in s. 3(1) substituted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 78; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)