The Civil Procedure (Amendment) Rules 2002

I ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS

Interpretation

74.2—(1) In this Section—

(a) “Contracting State” has the meaning given in section 1(3) of the 1982 Act;

(b) “Regulation State” has the same meaning as “Member State” in the Judgments Regulation, that is all Member States except Denmark;

(c) “judgment” means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—

(i) a decree;

(ii) an order;

(iii) a decision;

(iv) a writ of execution; and

(v) the determination of costs by an officer of the court;

(d) “State of origin”, in relation to any judgment, means the State in which that judgment was given.

(2) For the purposes of this Section, “domicile” is to be determined—

(a) in an application under the 1982 Act, in accordance with sections 41 to 46 that Act;

(b) in an application under the Judgments Regulation, in accordance with paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001(1).

Applications for registration

74.3—(1) This Section provides rules about applications under—

(a) section 9 of the 1920 Act, in respect of judgments to which Part II of that Act applies;

(b) section 2 of the 1933 Act, in respect of judgments to which Part I of that Act applies;

(c) section 4 of the 1982 Act; and

(d) the Judgments Regulation,

for the registration of foreign judgments for enforcement in England and Wales.

(2) Applications—

(a) must be made to the High Court; and

(b) may be made without notice.

Evidence in support

74.4—(1) An application for registration of a judgment under the 1920, 1933 or 1982 Act must be supported by written evidence exhibiting—

(a) the judgment or a verified or certified or otherwise authenticated copy of it; and

(b) where the judgment is not in English, a translation of it into English—

(i) certified by a notary public or other qualified person; or

(ii) accompanied by written evidence confirming that the translation is accurate.

(2) The written evidence in support of the application must state—

(a) the name of the judgment creditor and his address for service within the jurisdiction;

(b) the name of the judgment debtor and his address or place of business, if known;

(c) the grounds on which the judgment creditor is entitled to enforce the judgment;

(d) in the case of a money judgment, the amount in respect of which it remains unsatisfied; and

(e) where interest is recoverable on the judgment under the law of the State of origin—

(i) the amount of interest which has accrued up to the date of the application, or

(ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

(3) Written evidence in support of an application under the 1920 Act must also state that the judgment is not a judgment—

(a) which under section 9 of that Act may not be ordered to be registered; or

(b) to which section 5 of the Protection of Trading Interests Act 1980(2) applies.

(4) Written evidence in support of an application under the 1933 Act must also—

(a) state that the judgment is a money judgment;

(b) confirm that it can be enforced by execution in the State of origin;

(c) confirm that the registration could not be set aside under section 4 of that Act;

(d) confirm that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980 applies;

(e) where the judgment contains different provisions, some but not all of which can be registered for enforcement, set out those provisions in respect of which it is sought to register the judgment; and

(f) be accompanied by any further evidence as to—

(i) the enforceability of the judgment in the State of origin, and

(ii) the law of that State under which any interest has become due under the judgment,

which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State.

(5) Written evidence in support of an application under the 1982 Act must also exhibit—

(a) documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served;

(b) in the case of a judgment in default, a document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document; and

(c) where appropriate, a document showing that the judgment creditor is in receipt of legal aid in the State of origin.

(6) An application for registration under the Judgments Regulation must, in addition to the evidence required by that Regulation, be supported by the evidence required by paragraphs (1)(b) and (2)(e) of this rule.

Security for costs

74.5—(1) Subject to paragraphs (2) and (3), section II of Part 25 applies to an application for security for the costs of—

(a) the application for registration;

(b) any proceedings brought to set aside the registration; and

(c) any appeal against the granting of the registration,

as if the judgment creditor were a claimant.

(2) A judgment creditor making an application under the 1982 Act or the Judgments Regulation may not be required to give security solely on the ground that he is resident out of the jurisdiction.

(3) Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.

Registration orders

74.6—(1) An order granting permission to register a judgment (“registration order”) must be drawn up by the judgment creditor and served on the judgment debtor—

(a) by delivering it to him personally;

(b) as provided by section 725 of the Companies Act 1985(3); or

(c) in such other manner as the court may direct.

(2) Permission is not required to serve a registration order out of the jurisdiction, and rules 6.24, 6.25, 6.26 and 6.29 apply to such an order as they apply to a claim form.

(3) A registration order must state—

(a) full particulars of the judgment registered;

(b) the name of the judgment creditor and his address for service within the jurisdiction;

(c) the right of the judgment debtor—

(i) in the case of registration following an application under the 1920 or the 1933 Act, to apply to have the registration set aside;

(ii) in the case of registration following an application under the 1982 Act or under the Judgments Regulation, to appeal against the registration order;

(d) the period within which such an application or appeal may be made; and

(e) that no measures of enforcement will be taken before the end of that period, other than measures ordered by the court to preserve the property of the judgment debtor.

Applications to set aside registration

74.7—(1) An application to set aside registration under the 1920 or the 1933 Act must be made within the period set out in the registration order.

(2) The court may extend that period; but an application for such an extension must be made before the end of the period as originally fixed or as subsequently extended.

(3) The court hearing the application may order any issue between the judgment creditor and the judgment debtor to be tried.

Appeals

74.8—(1) An appeal against the granting or the refusal of registration under the 1982 Act or the Judgments Regulation must be made in accordance with Part 52, subject to the following provisions of this rule.

(2) Permission is not required—

(a) to appeal; or

(b) to put in evidence.

(3) If—

(a) the judgment debtor is not domiciled within a Contracting State or a Regulation State, as the case may be, and

(b) an application to extend the time for appealing is made within two months of service of the registration order,

the court may extend the period for filing an appellant’s notice against the order granting registration, but not on grounds of distance.

(4) The appellant’s notice must be served—

(a) where the appeal is against the granting of registration, within—

(i) one month; or

(ii) where service is to be effected on a party not domiciled within the jurisdiction, two months, of service of the registration order;

(b) where the appeal is against the refusal of registration, within one month of the decision on the application for registration.

Enforcement

74.9—(1) No steps may be taken to enforce a judgment—

(a) before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or

(b) where there is an application under rule 74.7 or an appeal under rule 74.8, until the application or appeal has been determined.

(2) Any party wishing to enforce a judgment must file evidence of the service on the judgment debtor of—

(a) the registration order; and

(b) any other relevant order of the court.

(3) Nothing in this rule prevents the court from making orders to preserve the property of the judgment debtor pending final determination of any issue relating to the enforcement of the judgment.

Recognition

74.10—(1) Registration of a judgment serves as a decision that the judgment is recognised for the purposes of the 1982 Act and the Judgments Regulation.

(2) An application for recognition of a judgment is governed by the same rules as an application for registration of a judgment under the 1982 Act or under the Judgments Regulation, except that rule 74.4(5)(a) and (c) does not apply.

Authentic instruments and court settlements

74.11  The rules governing the registration of judgments under the 1982 Act or under the Judgments Regulation apply as appropriate and with any necessary modifications for the enforcement of—

(a) authentic instruments which are subject to—

(i) article 50 of Schedule 1 to the 1982 Act;

(ii) article 50 of Schedule 3C to the 1982 Act; and

(iii) article 57 of the Judgments Regulation; and

(b) court settlements which are subject to—

(i) article 51 of Schedule 1 to the 1982 Act;

(ii) article 51 of Schedule 3C to the 1982 Act; and

(iii) article 58 of the Judgments Regulation.

(1)

S.I. 2001/3929.

(2)

1980 c. 11.

(3)

1985 c. 6.