http://www.legislation.gov.uk/id/uksi/2002/2058/schedule/8

http://www.legislation.gov.uk/uksi/2002/2058/schedule/8/paragraph/74.18/made

The Civil Procedure (Amendment) Rules 2002

Trusts

King's Printer of Acts of Parliament

2018-02-20

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

These Rules make amendments to the Civil Procedure Rules 1998. In particular the following new provisions are inserted:A new rule 5.5 which provides for a practice direction to make provision for documents to be filed or sent to the court by facsimile or other electronic means (Rule 4).Section IV of Part 6, to provide for the service, in England and Wales, of foreign process (Rule 5 and Schedule 1). These matters have until now been governed by Order 69 of the Rules of the Supreme Court in Schedule 1 to the Civil Procedure Rules (“RSC”), which is now revoked.A new rule 19.7A which deals with the representation of beneficiaries by trustees (Rule 6). This rule replaces RSC Order 15, rule 14, which is revoked.Section II of Part 34, to provide for the obtaining, in England and Wales, of evidence for foreign courts (Rule 12 and Schedule 2). These matters have until now been governed by RSC Order 70, which is revoked.Section III of Part 55, in relation to applications for Interim Possession Orders (Rule 22 and Schedule 3). Such applications have until now been governed by Order 24, rules 8 to 15 of the County Court Rules in Schedule 2 to the Civil Procedure Rules (“CCR”), which are now revoked.Section IV of Part 57, dealing with claims under the Inheritance (Provision for Family and Dependants) Act 1975 (Rule 23 and Schedule 4). These proceedings have until now been governed by RSC Order 99, which is now revoked.Part 64, dealing with claims relating to the administration of estates and trusts, and charity proceedings (Rule 26 and Schedule 5). These proceedings have until now been governed by RSC Orders 85 and 108, which are now revoked.Part 68, setting out the procedure for courts to seek preliminary rulings from the Court of Justice of the European Communities (Rule 26 and Schedule 6). The procedure has until now been governed by RSC Order 114 which is now revoked.Part 69, dealing with the court’s power to appoint a receiver (Rule 26 and Schedule 7). These proceedings have until now been governed by RSC Orders 30 and 51, which are now revoked.Part 74, dealing with the enforcement in England and Wales of judgments from abroad, the enforcement abroad of judgments of courts in England and Wales, the enforcement in England and Wales, Scotland and Northern Ireland of judgments made in other jurisdictions, and the enforcement of European Community judgments (Rule 29 and Schedule 8). These matters have until now been governed by RSC Order 71, which is now revoked.Part 75, dealing with Traffic Enforcement (where traffic penalties are recoverable through the civil courts) (Rule 29 and Schedule 9). These matters have until now been governed by CCR Order 48B, which is now revoked.

SCHEDULE 8

IIIENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM

Certified copies of High Court and county court non-money judgments74.18

1

This rule applies to applications under paragraph 2 of Schedule 7 to the 1982 Act for a certified copy of a judgment of the High Court or of a county court to which section 18 of the Act applies and which contains non-money provisions for enforcement in another part of the United Kingdom.

2

An application under paragraph (1) may be made without notice.

3

The applicant may apply for a certified copy of a judgment by filing at the court where the judgment was given or has been entered written evidence stating—

a

full particulars of the judgment;

b

the name and address of the judgment creditor and, if known, of the judgment debtor;

c

that the judgment is not stayed;

d

the date on which the time for appealing expired or will expire;

e

whether an appeal notice has been filed;

f

the status of any application for permission to appeal; and

g

whether an appeal is pending.