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SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

PROVISIONS AS TO FOREIGN PROCEEDINGS

ORDER 71RECIPROCAL ENFORCEMENT OF JUDGMENTS AND ENFORCEMENT OF EUROPEAN COMMUNITY JUDGMENTS

II. EUROPEAN COMMUNITY JUDGMENTS
Interpretation

13.  In this Part of this Order, “the Order in Council” means the European Communities (Enforcement of Community Judgments) Order 1972(1), and expressions used in the Order in Council shall, unless the context otherwise requires, have the same meanings as in that Order.

[E.r. 15]

Functions under Order in Council exercisable by judge or master

14.  The functions assigned to the High Court by the Order in Council may be exercised by a judge in chambers or a master.

[E.r. 16]

Application for registration of Community judgments, etc.

15.  An application for the registration in the High Court of a Community judgment or Euratom inspection order may be made ex parte.

[E.r. 17]

Evidence in support of application

16.—(1) An application for registration must be supported by affidavit exhibiting—

(a)the Community judgment and the order for its enforcement or, as the case may be, the Euratom inspection order or, in either case, a duly authenticated copy thereof, and

(b)where the Community judgment or Euratom inspection order is not in the English language, a translation into English certified by a notary public or authenticated by, affidavit.

(2) Where the application is for registration of a Community judgment under which a sum of money is payable, the affidavit shall also state—

(a)the name and occupation and the usual or last known place of abode or business of the judgment debtor, so far as known to the deponent; and

(b)to the best of the deponent's information and belief that at the date of the application the European Court has not suspended enforcement of the judgment and that the judgment is unsatisfied or, as the case may be, the amount in respect of which it remains unsatisfied.

[E.r. 18]

Register of judgments and orders

17.  There shall be kept in the Central Office a register of the, Community judgments and Euratom inspection orders registered under the Order in Council.

[E.r. 19]

Notice of registration

18.—(1) Upon registering a Community judgment or Euratom inspection order, the proper officer of the Court shall forthwith send notice of the registration to every person against whom the judgment was given or the order was made.

(2) The notice of registration shall have annexed to it a copy of the registered Community judgment and the order for its enforcement or, as the case may be, a copy of the Euratom inspection order, and shall state the name and address of the person on whose application the judgment or order was registered or of his solicitor or agent on whom process may be served.

(3) Where the notice relates to a Community judgment under which a sum of money is payable, it shall also state that the judgment debtor may apply within 28 days of the date of the notice, or thereafter with the leave of the Court, for the variation or cancellation of the registration on the grounds that the judgment has been partly or wholly satisfied at the date of registration.

[E.r. 20]

Application to vary or cancel registration

19.  An application for the variation or cancellation of the registration of a Community judgment on the ground that the judgment had been wholly or partly satisfied at the date of registration shall be made by summons supported by affidavit.

[E.r. 22]

Application for registration of suspension order

20.  An application for the registration in the High Court of an order of the European Court that enforcement of a registered Community judgment be suspended may be made ex parte by lodging a copy of the order in the Central Office.

[E.r. 23]

Application for enforcement of Euratom inspection order

21.  An application for an order under Article 6 of the Order in Council for the purpose of ensuring that effect is given to a Euratom inspection order may, in case of urgency, be made ex parte on affidavit but, except as aforesaid, shall be made by motion or summons.

[E.r. 24]

(1)

S.I. 1972/1590 (1972 III, p. 4643)