The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 74 E+W ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

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

Modifications etc. (not altering text)

C1 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 E+W

Security for costs E+W

74.5— (1) Subject to paragraphs (2) and (3), section II of Part 25 applies to an application for security for the costs of—

(a) the application for registration;

(b) any proceedings brought to set aside the registration; [F2 and]

(c) any appeal against the granting of the registration [F3 ; F4 ...]

F5 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as if the judgment creditor were a claimant.

(2) A judgment creditor making an application under the 1982 Act F6 ... may not be required to give security solely on the ground that he is resident out of the jurisdiction.

(3) Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.]

Textual Amendments

F2 Word in rule 74.5(1)(b) inserted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(9)(a)(i) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in rule 74.5(1)(c) substituted (10.1.2015) by virtue of The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(8)(b) (with rule 6)

F4 Word in rule 74.5(1)(c) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(9)(a)(ii) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

F5 Rule 74.5(1)(d) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(9)(a)(iii) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in rule 74.5(2) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(9)(b) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)