C1F1PART 74ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
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.
Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8