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The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2015

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Rule 2(6)

SCHEDULE

This schedule has no associated Explanatory Memorandum

IIIA RECIPROCAL ENFORCEMENT OF JUDGMENTS: THE JUDGMENTS REGULATION

Application and interpretation

35A.(1) In this Part of this Order, unless the context otherwise requires, —

(a)“the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)(1), as amended from time to time and as applied pursuant to the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(2);

(b)an article referred to by number means an article of the Judgments Regulation;

(c)“application under the Judgments Regulation” includes:

(i)an application under article 36(2) for a decision that there are no grounds for refusal of recognition;

(ii)an application under article 45(1) for refusal of recognition;

(iii)an application under article 46 for refusal of enforcement;

(iv)an application for the adaptation of a judgment or a challenge to the adaptation of a judgment pursuant to article 54;

(d)“article 53 certificate” means a certificate issued pursuant to article 53 in the form annexed to the Judgments Regulation in Annex I;

(e)“Enforcement of Judgments Office” means the office maintained by the Department of Justice under Article 7 of the Judgments Enforcement (Northern Ireland) Order 1981(3); and

(f)“judgment” has the meaning given by article 2 of the Judgments Regulation.

(2) For the purposes of this Part of this Order, domicile shall be determined in accordance with paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001(4).

Assignment of business and exercise of powers

35B.  The jurisdiction of the High Court under the Judgments Regulation shall be assigned to the Queen’s Bench Division and the powers conferred on the Court by the Regulation may be dealt with by a judge in chambers or by a master.

Applications under the Judgments Regulation

35C.(1) An application under the Judgments Regulation shall be brought by originating summons in Form 7 unless made in pending proceedings, in which case it shall be made by summons in the proceedings.

(2) A summons under this rule shall be supported by an affidavit—

(a)exhibiting—

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

(ii)any other documents relied upon;

(iii)where the judgment or document is not in English, a translation thereof into English certified by a notary public or a person qualified for the purpose in one of the Member States or authenticated by witness statement or affidavit;

(b)stating to the best of the information or belief of the deponent—

(i)the grounds on which the right to make the application is vested in the applicant;

(ii)as the case may require, either that, at the date of the application, the judgment has not been satisfied or the part or amount in respect of which it remains unsatisfied.

(3) Unless the Court orders otherwise, the applicant must, as soon as is practicable, serve a copy of any order made in an application under the Judgments Regulation, or in any appeal from a decision made in an application under the Judgments Regulation, on—

(a)all other parties to the proceedings and any other person affected by the proceedings; and

(b)where enforcement of the judgment is pending—

(i)by the Enforcement of Judgments Office, that Office; or

(ii)in any other court in Northern Ireland, that court.

Appeals

35D.(1) Subject to paragraphs (2) to (4), Part II of Order 55 shall apply with necessary modifications to an appeal from a decision made in an application under the Judgments Regulation.

(2) An appeal must be made by summons to a judge.

(3) A summons in an appeal must be served within one month of service of the order under rule 35C(3) or two months of service of such order where that order was served on a party not domiciled in the jurisdiction.

(4) If the party against whom judgment was given is not domiciled in a Member State and an application is made within two months of service of the order under rule 35C(3), the Court may extend the period within which an appeal may be made.

Enforcement of High Court judgments in other Member States

35E.(1) A person entitled to enforce a judgment entered in the High Court who wishes to enforce the judgment in another Member State shall apply ex parte to the Court for—

(a)a certified copy of the judgment; and

(b)an article 53 certificate in respect of the judgment.

(2) An application under paragraph (1) shall be supported by an affidavit which shall—

(a)give particulars of the proceedings in which the judgment was obtained;

(b)have annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun, the evidence of service thereof on the defendant, a copy of the pleadings, if any, and a statement of the grounds on which the judgment was based together, where appropriate, with any document under which the applicant is entitled to legal aid or assistance by way of representation for the purposes of the proceedings;

(c)state whether the defendant did or did not object to the jurisdiction, and if so, on what grounds;

(d)show that the judgment has been served in accordance with Order 65, rule 5 and is not subject to any stay of enforcement;

(e)state that the time for appealing has expired, or, as the case may be, the date on which it will expire and, in either case, whether notice of appeal against the judgment has been given; and

(f)state—

(i)whether the judgment provides for the payment of a sum of money;

(ii)whether interest is recoverable on the judgment or part thereof and if so, the rate of interest, the date from which interest is recoverable and the date on which interest ceases to accrue;

and shall be accompanied by a draft of the article 53 certificate being sought.

(3) The certified copy of the judgment shall be an office copy sealed with the seal of the Court and signed by the master and there shall be issued with the copy of the judgment a certified copy of any order which has varied any of the terms of the original order.

Authentic instruments and court settlements

35F.  This Part of this Order shall apply to an authentic instrument to which article 58 applies and a court settlement to which article 59 applies as it applies to a judgment, subject to any necessary modifications.

References under the Civil Jurisdiction and Judgments Order 2001

35G.  This Part of this Order shall apply, with necessary modifications, to references to the Court under paragraph 2A(5) of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001.

(1)

OJ No. L 351, 20.12.2012, p.1

(2)

OJ No. L 299, 16.11.2005, p.62. For application of the recast Judgments Regulation to Denmark, see also OJ No. L 79, 21.3.2013, p.4

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