C1F1PART 74ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

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

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;

F2b

“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 F5or 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 givenF6;

F4e

“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 ActF3or 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 200119.