The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

PART 4 U.K. Recognition and enforcement of maintenance decisions - general

Interest on judgments U.K.

8.—(1) Subject to sub-paragraphs (2) and (3) and rules of court as to the payment of interest under this paragraph, where a person applying for registration or enforcement of a maintenance decision shows that—

(a) the decision provides for the payment of a sum of money, and

(b) in accordance with the law of the Maintenance Regulation State in which the maintenance decision was given and the terms of the decision, interest on that sum is recoverable at a particular rate and from a particular date or time,

the debt resulting from registration or enforcement of the decision is to carry interest at that rate and from that date or time.

(2) In the case of an application for registration of a maintenance decision, interest is not recoverable unless the rate of interest and the date or time referred to in sub-paragraph (1)(b) are registered with the decision.

(3) (a) Interest on arrears of sums payable under a maintenance decision which falls to be enforced in a magistrates' court in England and Wales or Northern Ireland by virtue of the Maintenance Regulation and these Regulations shall not be recoverable in that court.

(b) But this sub-paragraph does not affect the operation in relation to any such maintenance decision of section 2A of the Maintenance Orders Act 1958 M1 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M2 (which enables interest to be recovered if the decision is registered for enforcement in the High Court).

(4) Except as mentioned in sub-paragraph (3), debts under maintenance decisions enforceable in the United Kingdom by virtue of the Maintenance Regulation shall carry interest only as provided by this paragraph.

Marginal Citations

M1 1958 c.39. Section 2A was inserted by section 37 of and Part II of Schedule 11 to the Civil Jurisdiction and Judgments Act 1982 (c.27).

M2 1966 c.35 (N.I.). Section 11A was inserted by section 37 of and Part II of Schedule 11 to the Civil Jurisdiction and Judgmnets Act 1982 (c.27).

Currency of payments under maintenance decisions U.K.

9.—(1) Sums payable under a maintenance decision enforceable in the United Kingdom by virtue of the Maintenance Regulation, including any arrears so payable, shall be paid in sterling where an order is made on an application for enforcement in England and Wales, Scotland or Northern Ireland.

(2) Where the maintenance decision is expressed in any other currency, the amount shall be converted on the basis of the exchange rate prevailing on the date on which the application for enforcement or registration of the decision was received by a Central Authority in the United Kingdom for transmission to a court.

(3) For the purposes of this paragraph, a written certificate purporting to be signed by an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be evidence of the facts stated (and in Scotland, sufficient evidence of those facts).

Proof and admissibility of certain maintenance decisions and related documents U.K.

10.—(1) For the purposes of proceedings relating to the Maintenance Regulation—

(a) a document, duly authenticated, which purports to be a copy of a maintenance decision given by a court in a Maintenance Regulation State shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b) an extract from a maintenance decision issued by a court in a Maintenance Regulation State in accordance with Article 20 or Article 28 (as the case may be) shall be evidence that that decision is enforceable there.

(2) A document purporting to be a copy of a maintenance decision given by a court mentioned in sub-paragraph (1)(a) is duly authenticated for the purposes of this paragraph if it purports—

(a) to bear the seal of that court; or

(b) to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a maintenance decision given by that court.

(3) Nothing in this paragraph shall prejudice the admission in evidence of any document which is admissible apart from this paragraph.