C1F1PART 74ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

Annotations:
Amendments (Textual)
F14

Words in Pt. 74 Table of Contents substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(a) (with rule 41)

F28

Words in Pt. 74 Table of Contents inserted (11.1.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(b), 13(a)

Modifications etc. (not altering text)
Contents of this part

Scope of this Part and interpretation

Rule 74. 1

IENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS

Interpretation

Rule 74.2

Applications for registration

Rule 74.3

F36. . .

F36. . .

Evidence in support

Rule 74.4

F36. . .

F36. . .

Security for costs

Rule 74.5

Registration orders

Rule 74.6

Applications to set aside registration

Rule 74.7

F36. . .

F36. . .

F36. . .

F36. . .

F36. . .

F36. . .

Appeals

Rule 74.8

Enforcement

Rule 74.9

Recognition

Rule 74.10

Authentic instruments and court settlements

Rule 74.11

F36. . .

F36. . .

IIENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND F14THE COUNTY COURT

Application for a certified copy of a judgment

Rule 74.12

Evidence in support

Rule 74.13

IIIENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM

Interpretation

Rule 74.14

Registration of money judgments in the High Court

Rule 74.15

Registration of non-money judgments in the High Court

Rule 74.16

Certificates of High Court and F15County Court money judgments

Rule 74.17

Certified copies of High Court and F15County Court non-money judgments

Rule 74.18

F37...

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F37. . .

F28Section VI Recognition and enforcement of protection measures

Interpretation

74.34

Procedure for applications in this Section

74.35

F38. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

F39. . .

INCOMING PROTECTION MEASURES

Application for adjustment under Article 11

74.46

Notification of the adjustment under Article 11

74.47

Enforcement of incoming protection measures

74.48

Application for refusal of recognition or enforcement under Article 13

74.49

Application under Article 14(2)

74.50

Scope of this Part and interpretation74.1

1

Section I of this Part applies to the enforcement in England and Wales of judgments of foreign courts.

2

Section II applies to the enforcement in foreign countries of judgments of the High Court and of F17the County Court.

3

Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom.

F424

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F434A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274B

Section VI applies to—

F44a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the enforcement in England and Wales of certified protection measures from Member States of the European Union other than F45... Denmark.

5

In this Part—

a

“the 1920 Act” means the Administration of Justice Act 192016;

b

“the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 193317;

c

“the 1982 Act” means the Civil Jurisdiction and Judgments Act 198218;

F46d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29g

“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.

F18 ...

I: ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS

Interpretation74.2

1

In this Section—

a

“Contracting State” has the meaning given in section 1(3) of the 1982 Act;

F47b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

“judgment” means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—

i

a decree;

ii

an order;

iii

a decision;

iv

a writ of execution F11or a writ of control; and

v

the determination of costs by an officer of the court;

d

“State of origin”, in relation to any judgment, means the State in which that judgment was givenF12;

F10e

“writ of control” is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007;

f

“writ of execution” includes—

i

a writ of possession;

ii

a writ of delivery;

iii

a writ of sequestration;

iv

a writ of fieri facias de bonis ecclesiasticis,

and any further writ in favour of any such writs, but does not include a writ of control.

F482

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for registration74.3

1

This Section provides rules about applications under—

a

section 9 of the 1920 Act, in respect of judgments to which Part II of that Act applies;

b

section 2 of the 1933 Act, in respect of judgments to which Part I of that Act applies;

F30c

F49section 4B of the 1982 Act; F50...

F79d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the registration of foreign judgments for enforcement in England and Wales.

2

Applications—

a

must be made to the High Court; and

b

may be made without notice.

Enforcement under the Judgments RegulationF5174.3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support74.4

1

An application for registration of a judgment under the 1920, 1933 or 1982 Act must be supported by written evidence exhibiting—

a

the judgment or a verified or certified or otherwise authenticated copy of it; and

b

where the judgment is not in English, a translation of it into English—

i

certified by a notary public or other qualified person; or

ii

accompanied by written evidence confirming that the translation is accurate.

2

The written evidence in support of the application must state—

a

the name of the judgment creditor and his address for service within the jurisdiction;

b

the name of the judgment debtor and his address or place of business, if known;

c

the grounds on which the judgment creditor is entitled to enforce the judgment;

d

in the case of a money judgment, the amount in respect of which it remains unsatisfied; and

e

where interest is recoverable on the judgment under the law of the State of origin—

i

the amount of interest which has accrued up to the date of the application, or

ii

the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

3

Written evidence in support of an application under the 1920 Act must also state that the judgment is not a judgment—

a

which under section 9 of that Act may not be ordered to be registered; or

b

to which section 5 of the Protection of Trading Interests Act 198020 applies.

4

Written evidence in support of an application under the 1933 Act must also—

a

state that the judgment is a money judgment;

b

confirm that it can be enforced by execution in the State of origin;

c

confirm that the registration could not be set aside under section 4 of that Act;

d

confirm that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980 applies;

e

where the judgment contains different provisions, some but not all of which can be registered for enforcement, set out those provisions in respect of which it is sought to register the judgment; and

f

be accompanied by any further evidence as to—

i

the enforceability of the judgment in the State of origin, and

ii

the law of that State under which any interest has become due under the judgment,

which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State.

5

Written evidence in support of an application under the 1982 Act must also exhibit—

a

documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served;

b

in the case of a judgment in default, a document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document; and

c

where appropriate, a document showing that the judgment creditor is in receipt of legal aid in the State of origin.

F315A

Written evidence in support of an application under section 4B of the 1982 Act (registration and enforcement of judgments under the 2005 Hague Convention) must also include any other evidence required by Article 13 of the 2005 Hague Convention.

F526

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for enforcing judgments under the Judgments RegulationF5374.4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security for costs74.5

1

Subject to paragraphs (2) and (3), section II of Part 25 applies to an application for security for the costs of—

a

the application for registration;

b

any proceedings brought to set aside the registration; F54and

c

any appeal against the granting of the registration F25; F55...

F56d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as if the judgment creditor were a claimant.

2

A judgment creditor making an application under the 1982 ActF57... may not be required to give security solely on the ground that he is resident out of the jurisdiction.

3

Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.

Registration orders74.6

1

An order granting permission to register a judgment (“registration order”) must be drawn up by the judgment creditor and served on the judgment debtor—

a

by delivering it to F2the judgment debtor personally;

F5b

by any of the methods of service permitted under the Companies Act 2006; or

c

in such other manner as the court may direct.

2

Permission is not required to serve a registration order out of the jurisdiction, and rules F36.40, 6.42, 6.43 and 6.46 apply to such an order as they apply to a claim form.

3

A registration order must state—

a

full particulars of the judgment registered;

b

the name of the judgment creditor and his address for service within the jurisdiction;

c

the right of the judgment debtor—

i

in the case of registration following an application under the 1920 or the 1933 Act, to apply to have the registration set aside;

ii

in the case of registration following an application under the 1982 ActF58... F19... to appeal against the registration order;

d

the period within which such an application or appeal may be made; and

e

that no measures of enforcement will be taken before the end of that period, other than measures ordered by the court to preserve the property of the judgment debtor.

Applications to set aside registration74.7

1

An application to set aside registration under the 1920 or the 1933 Act must be made within the period set out in the registration order.

2

The court may extend that period; but an application for such an extension must be made before the end of the period as originally fixed or as subsequently extended.

3

The court hearing the application may order any issue between the judgment creditor and the judgment debtor to be tried.

Refusal of recognition or enforcement under the Judgments RegulationF5974.7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relief against enforcement under the Judgments RegulationF6074.7B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of proceedings in which a judgment is invoked under the Judgments RegulationF6174.7C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals74.8

1

An appeal against the granting or the refusal of registration under the 1982 ActF62... F20... must be made in accordance with Part 52, subject to the following provisions of this rule.

2

Permission is not required—

a

to appeal; or

b

to put in evidence.

3

If—

a

the judgment debtor is not domiciled within a Contracting State F21..., and

b

an application to extend the time for appealing is made within two months of service of the registration order,

the court may extend the period for filing an appellant’s notice against the order granting registration, but not on grounds of distance.

4

The appellant’s notice must be served—

a

where the appeal is against the granting of registration, within—

i

one month; or

ii

where service is to be effected on a party not domiciled within the jurisdiction, two months, of service of the registration order;

b

where the appeal is against the refusal of registration, within one month of the decision on the application for registration.

F22Enforcement74.9

F631

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F64No steps may be taken to enforce the judgment—

a

before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or

b

where there is an application under rule 74.7 or an appeal under rule 74.3, until the application or appeal has been determined.

3

Any party wishing to enforce a judgment F65... must file evidence of the service on the judgment debtor of—

a

the registration order; and

b

any other relevant order of the court.

4

Nothing in this rule prevents the court from making orders to preserve the property of the judgment debtor pending final determination of any issue relating to the enforcement of the judgment.

RecognitionF774.10

1

Registration of a judgment serves as a decision that the judgment is recognised for the purposes of F66...F32 the 2005 Hague ConventionF23....

2

An application for recognition of a judgment is governed by the same rules as an application for registration of a judgment under F67...F33 the 2005 Hague ConventionF23..., except that rule 74.4(5)(a) and (c) does not apply.

Authentic instruments and court settlementsF874.11

The rules governing the registration of judgments under the 1982 Act F68... apply as appropriate and with any necessary modifications for the enforcement F69of court settlements which are subject to article 12 of the 2005 Hague Convention.

Adaptation of certain orders in foreign judgments subject to the Judgments RegulationF7074.11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

II: ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND F13THE COUNTY COURT

Annotations:
Amendments (Textual)

Application for a certified copy of a judgment74.12

1

This Section applies to applications—

a

to the High Court under section 10 of the 1920 Act;

b

to the High Court or to F16the County Court under section 10 of the 1933 Act; F73or

c

to the High Court or to F16the County Court under section 12 of the 1982 Act;F74...

F71d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F242

A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in the F72County Court must apply for a certified copy of the judgment.

3

The application may be made without notice.

Evidence in support74.13

1

The application must be supported by written evidence exhibiting copies of—

a

the claim form in the proceedings in which judgment was given;

b

evidence that it was served on the defendant;

c

the statements of case; and

d

where relevant, a document showing that for those proceedings the applicant was F9a person to whom legal aid, as defined in rule 44.1, was provided.

2

The written evidence must—

a

identify the grounds on which the judgment was obtained;

b

state whether the defendant objected to the jurisdiction and, if he did, the grounds of his objection;

c

show that the judgment—

i

has been served in accordance with Part 6 and rule 40.4, and

ii

is not subject to a stay of execution;

d

state—

i

the date on which the time for appealing expired or will expire;

ii

whether an appeal notice has been filed;

iii

the status of any application for permission to appeal; and

iv

whether an appeal is pending;

e

state whether the judgment provides for the payment of a sum of money, and if so, the amount in respect of which it remains unsatisfied;

f

state whether interest is recoverable on the judgment, and if so, either—

i

the amount of interest which has accrued up to the date of the application, or

ii

the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

III: ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM

Interpretation74.14

In this Section—

a

“money provision” means a provision for the payment of one or more sums of money in a judgment whose enforcement is governed by section 18 of, and Schedule 6 to, the 1982 Act; and

b

“non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money in a judgment whose enforcement is governed by section 18 of, and Schedule 7 to, the 1982 Act.

Registration of money judgments in the High Court74.15

1

This rule applies to applications to the High Court under paragraph 5 of Schedule 6 to the 1982 Act for the registration of a certificate for the enforcement of the money provisions of a judgment—

a

which has been given by a court in another part of the United Kingdom, and

b

to which section 18 of that Act applies.

2

The certificate must within six months of the date of its issue be filed in the Central Office of the F6Senior Courts, together with a copy certified by written evidence to be a true copy.

Registration of non-money judgments in the High Court74.16

1

This rule applies to applications to the High Court under paragraph 5 of Schedule 7 to the 1982 Act for the registration for enforcement of the non-money provisions of a judgment—

a

which has been given by a court in another part of the United Kingdom, and

b

to which section 18 of that Act applies.

2

An application under paragraph (1) may be made without notice.

3

An application under paragraph (1) must be accompanied—

a

by a certified copy of the judgment issued under Schedule 7 to the 1982 Act; and

b

by a certificate, issued not more than six months before the date of the application, stating that the conditions set out in paragraph 3 of Schedule 7 are satisfied in relation to the judgment.

4

Rule 74.6 applies to judgments registered under Schedule 7 to the 1982 Act as it applies to judgments registered under section 4 of that Act.

5

Rule 74.7 applies to applications to set aside the registration of a judgment under paragraph 9 of Schedule 7 to the 1982 Act as it applies to applications to set aside registrations under the 1920 and 1933 Acts.

Certificates of High Court and F15County Court money judgments74.17

1

This rule applies to applications under paragraph 2 of Schedule 6 to the 1982 Act for a certificate to enable the money provisions of a judgment of the High Court or of F16the County Court to be enforced in another part of the United Kingdom.

2

The judgment creditor may apply for a certificate by filing at the court where the judgment was given or has been entered written evidence stating—

a

the name and address of the judgment creditor and, if known, of the judgment debtor;

b

the sums payable and unsatisfied under the money provisions of the judgment;

c

where interest is recoverable on the judgment, either—

i

the amount of interest which has accrued up to the date of the application, or

ii

the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;

d

that the judgment is not stayed;

e

the date on which the time for appealing expired or will expire;

f

whether an appeal notice has been filed;

g

the status of any application for permission to appeal; and

h

whether an appeal is pending.

Certified copies of High Court and F15County Court non-money judgments74.18

1

This rule applies to applications under paragraph 2 of Schedule 7 to the 1982 Act for a certified copy of a judgment of the High Court or of F16the County Court to which section 18 of the Act applies and which contains non-money provisions for enforcement in another part of the United Kingdom.

2

An application under paragraph (1) may be made without notice.

3

The applicant may apply for a certified copy of a judgment by filing at the court where the judgment was given or has been entered written evidence stating—

a

full particulars of the judgment;

b

the name and address of the judgment creditor and, if known, of the judgment debtor;

c

that the judgment is not stayed;

d

the date on which the time for appealing expired or will expire;

e

whether an appeal notice has been filed;

f

the status of any application for permission to appeal; and

g

whether an appeal is pending.

F34IV: ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS

Annotations:
Amendments (Textual)

InterpretationF3474.19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of a Community judgmentF3474.20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in supportF3474.21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration ordersF3474.22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to vary or cancel registrationF3474.23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EnforcementF3474.24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of suspension orderF3474.25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration and enforcement of a Euratom inspection orderF3474.26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35V EUROPEAN ENFORCEMENT ORDERS

Annotations:
Amendments (Textual)

InterpretationF3574.27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification of Judgments of the Courts of England and WalesF3574.28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for a certificate of lack or limitation of enforceabilityF3574.29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for rectification or withdrawalF3574.30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of European Enforcement Orders in England and WalesF3574.31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of EnforcementF3574.32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4Stay of or limitation on enforcementF3574.33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26VI Recognition and enforcement of protection measures

Annotations:
Amendments (Textual)

Interpretation74.34

In this Section—

F75a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

“Article 11 notice” means the notification required by Article 11 of the Protection Measures Regulation;

F77d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;

F78f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

“person causing the risk” has the meaning given to it in the Protection Measures Regulation;

h

“protected person” has the meaning given to it in the Protection Measures Regulation;

i

“protection measure” has the meaning given to it in the Protection Measures Regulation;

j

“Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters.

Procedure for applications in this Section74.35

Subject to the rules in this Section, applications under the Protection Measures Regulation to the County Court or to the High Court must be made in accordance with Part 23.

F40...

Application for an Article 5 certificateF4174.36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The court to which an application for an Article 5 certificate must be madeF4174.37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

When a request for a translation of an Article 5 certificate may be madeF4174.38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The court to which a request for a translation of an Article 5 certificate must be madeF4174.39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service requirements under Article 6F4174.40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of the certificate under Article 8F4174.41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rectification of an Article 5 certificateF4174.42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal of an Article 5 certificateF4174.43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

When an application for an Article 14 certificate may be madeF4174.44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The court to which an application for an Article 14 certificate must be madeF4174.45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INCOMING PROTECTION MEASURES

Application for adjustment under Article 1174.46

A protected person may apply to the court under Article 11 of the Protection Measures Regulation to adjust the factual elements of an incoming protection measure.

Notification of the adjustment under Article 1174.47

1

Subject to paragraph (2), Article 11 notice must be given to the person causing the risk by serving it in accordance with Section III of Part 6 and the rules in that Section apply to service of the notice as they apply to any other document to be served.

2

If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 11 notice must be given by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person.

Enforcement of an incoming protection measure74.48

F80... Part 81 applies to applications in relation to a breach of an incoming protection measure as if the incoming protection measure had been ordered by the County Court.

Application for refusal of recognition or enforcement under Article 1374.49

A person causing the risk may apply to the court under Article 13 of the Protection Measures Regulation for refusal of recognition or enforcement of an incoming protection measure.

Application under Article 14(2)74.50

1

This rule applies where an Article 14 certificate has been issued in a Member State of the European Union other than the United Kingdom or Denmark.

2

A protected person or person causing the risk may apply to the court to stay, suspend or withdraw the effects of recognition or, where applicable, the enforcement of the protection measure.

3

An application under this rule must include a copy of the Article 14 certificate issued in the other Member State.

4

On an application under this rule, the court must make such orders or give such directions as may be necessary to give effect to the Article 14 certificate.