The Civil Procedure Rules 1998

Part II—Enforcement in other parts of the United Kingdom E+W

Interpretation of Part II E+W

Rule 4  In this Part of this Order—

“the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982(1),

“money provision” means a provision in any judgment to which section 18 of the Act of 1982 applies for the payment of one or more sums of money,

“non-money provision” means a provision in any judgment to which section 18 of the Act of 1982 applies for any relief or remedy not requiring payment of a sum of money.

Application for certificate of money provision E+W

Rule 5—(1) A certificate in respect of any money provision contained in a judgment of the county court may be obtained by filing a witness statement or affidavit made by the solicitor of the party entitled to enforce the judgment, or by the party himself if he is acting in person, together with a form of certificate.

(2) A witness statement or affidavit by which an application under paragraph (1) is made must—

(a) give particulars of the judgment, stating the rate of payment, if any, specified under the money provisions contained in the judgment, the sum or aggregate of sums (including any costs or expenses) remaining unsatisfied, the rate of interest, if any, applicable and the date or time from which any such interest began to accrue;

(b) verify that the time for appealing against the judgment or for applying for a re-hearing has expired, or that any appeal or re-hearing has been finally disposed of and that enforcement of the judgment is not stayed or suspended; and

(c) state to the best of the information or belief of the witness the usual or last known address of the party entitled to enforce the judgment and of the party liable to execution on it.

(3) The court officer shall enter on the certificate—

(a) the number of the proceedings;

(b) the amount remaining due under the judgment;

(c) the rate of interest payable on the judgment debt, and the date or time from which any such interest began to accrue;

(d) a note of the costs, if any, allowed for obtaining the certificate; and

(e) the date on which the certificate is issued.

Application for certified copy of judgment containing non-money provision E+W

Rule 6—(1) A certified copy of a judgment of a county court which contains any non-money provision may be obtained by filing a witness statement or affidavit made by the solicitor of the party entitled to enforce the judgment, or by the party himself, if he is acting in person.

(2) The requirements in paragraph (2) of rule 5 shall apply with the necessary modifications to a witness statement or affidavit made in an application under paragraph (1) of this rule.

(3) The certified copy of a judgment shall be a sealed copy to which shall be annexed a certificate signed by the court officer and stating that the conditions specified in paragraph (3)(a) and (b) of Schedule 7 to the Act of 1982 are satisfied in relation to the judgment.

(1)

1982 c. 27.