The Civil Procedure Rules 1998

[F1 II: ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND COUNTY COURTS E+W

Textual Amendments

F1 Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8

Application for a certified copy of a judgment E+W

74.12— (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 a county court under section 10 of the 1933 Act;

(c) to the High Court or to a county court under section 12 of the 1982 Act; or

(d) to the High Court or to a county court under article 54 of the Judgments Regulation.

(2) A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in a county court must apply for a certified copy of the judgment.

(3) The application may be made without notice.

Evidence in support E+W

74.13— (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 an assisted person or an LSC funded client, as defined in rule 43.2(1)(h) and (i).

(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.]