The Civil Procedure Rules 1998

[F1 [F2 Refusal of recognition or enforcement under the Judgments Regulation E+W

74.7A.— (1) An application under article 45 or 46 of the Judgments Regulation that the court should refuse to recognise or enforce a judgment must be made—

(a) in accordance with Part 23; and

(b) to the court in which the judgment is being enforced or, if the judgment debtor is not aware of any proceedings relating to enforcement, the High Court.

(2) An appeal against a decision granting or refusing an application for refusal of recognition or enforcement of a judgment under the Judgments Regulation must be made in accordance with Part 52, subject to the following provisions of this rule.

(3) Permission is not required to—

(a) appeal; or

(b) put in evidence.

(4) Unless the court orders otherwise, the judgment debtor must, as soon as practicable, serve copies of any order made under article 45 or 46 or in any appeal under article 49 on—

(a) all other parties to the proceedings and any other person affected by the order;

(b) any court in which proceedings relating to enforcement of the judgment are pending in England and Wales; and

(c) any enforcement agent or enforcement officer (as defined in rule 83.1(2)) instructed by the judgment creditor,

and any such order will not have effect on any person until it has been served.

(5) The court may require the judgment creditor to disclose to the judgment debtor the court or courts in which any proceedings relating to enforcement of the judgment are pending in England and Wales.]]

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 Rules 74.7A-74.7C inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(10) (with rule 6)