The Civil Procedure Rules 1998

Certificate of judgment E+W

Rule 8—(1) Any person who wishes to have a certificate of any judgment or order given or made in a claim shall make a request in writing to the court stating—

(a) if he is a party to the claim whether the certificate—

(i) is required for the purpose of taking proceedings on the judgment or order in another court;

(ii) is required for the purpose of enforcing the judgment or order in the High Court; or

(iii) is for the purpose of evidence only;

(b) if he is not a party to the claim, the purpose for which the certificate is required, the capacity in which he asks for it and any other facts showing that the certificate may properly be granted.

(1A) Where the certificate is required for the purpose of enforcing the judgment or order in the High Court, the applicant shall also either—

[F1 (a) state that—

(i) it is intended to enforce the judgment or order by execution against goods; or

(ii) the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or]

(b) confirm that an application has been made for an order under section 42 of the Act (transfer to High Court by order of a county court) and attach a copy of the application to the request for a certificate.

(2) Where the request is made by a person who is not a party to the claim, the request shall be referred to the district judge, who may, if he thinks fit, refer it to the judge.

(3) Without prejudice to paragraph (2), for the purposes of section 12 (2) of the Act a certificate under this rule may be signed by the court manager or any other officer of the court acting on his behalf.

Textual Amendments

F1 Sch. 2 CCR Order 22 rule 8(1A)(a) substituted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 13 (with rule 24)