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Judgments Enforcement (Northern Ireland) Order 1981

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False applications: criminal and civil liabilityN.I.

119.—(1) Any person who himself or by his servant or agent wilfully or recklessly applies for the enforcement of—

(a)a money judgment for recovery of a sum of money greater than that due thereunder at the date of his application; or

(b)any judgment which he is not entitled to enforce, whether wholly or in part,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F1 level 5 on the standard scale].

(2) Where upon an application for enforcement pursuant to Article 22 an applicant, himself or by his servant or agent, makes any statement in evidence or in writing which he knows or ought to know to be false in any material particular he shall—

(a)be guilty of an offence and liable on summary conviction to a fine not exceeding[F1 level 5 on the standard scale]; and

(b)be liable in damages at the suit of the debtor.

(3) Where a warrant of arrest is issued and it is shown that documents containing representations made by or on behalf of the creditor which led to the making of an order under Article 27(2)(B) in pursuance of which the warrant was issued, or, as the case may be, documents grounding the creditor's application for the warrant, contain statements which are false in any material particular or that the creditor has failed to inform the Office—

(a)of any reason given to him or to his agent by the person in respect of whom the warrant was issued for his non-attendance pursuant to a summons under Article 27(1) or Article 28(1) or (2) or an order under Article 27(2)(A) or Article 28(3) (as the case may be) following which the warrant was issued; or

(b)of any payment on account of or in full settlement of the amount recoverable on foot of the judgment,

the creditor shall be liable in damages at the suit of the person in respect of whom the warrant was issued and the creditor's application for enforcement shall stand dismissed.

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