The Civil Procedure Rules 1998

[F1 Interpretation E+W

74.2— (1) In this Section—

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

[F2 (b) “Regulation State” means a Member State;]

(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 [F3 or 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 given[F4 ;]

[F5 (e) “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.]

(2) For the purposes of this Section, “domicile” is to be determined—

(a) in an application under the 1982 Act [F6 or the Lugano Convention], in accordance with sections 41 to 46 that Act;

(b) in an application under the Judgments Regulation, in accordance with paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001(1).]

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

F2 Words in rule 74.2(1)(b) substituted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 1, Sch. para. 31(b)

F3 Words in rule 74.2(1)(c)(iv) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(i) (with rule 41)

F4 Rule 74.2(1)(d): semicolon substituted for full stop (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(ii) (with rule 41)

F5 Rule 74.2(1)(e)(f) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(iii) (with rule 41)

F6 Words in rule 74.2(2)(a) inserted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), regs. 1(1), 36 (with reg. 48)

(1)

1997 c. 27.