The Civil Procedure Rules 1998

[F1InterpretationE+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 [F3or 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 [F6or 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

F4Rule 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)