C1F1PART 74ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

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 county courts.

3

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

4

Section IV applies to the enforcement in England and Wales of European Community judgments and Euratom inspection orders.

F24A

Section V applies to—

a

the certification of judgments and court settlements in England and Wales as European Enforcement Orders; and

b

the enforcement in England and Wales of judgments, court settlements and authentic instruments certified as European Enforcement Orders by other Member States.

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;

d

“the Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters F5, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

F3e

“the EEO Regulation” means Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims.

F6f

“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007.

F4(A copy of the EEO Regulation is annexed to Practice Direction 74B F7... and can be found at http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_143/l_14320040430en00150039.pdf)