Civil Jurisdiction and Judgments Act 1982

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Civil Jurisdiction and Judgments Act 1982, Section 18 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Sch. 8 rule 2(g) words substituted by 2024 asp 2 Sch. 1 para. 15

18 Enforcement of U.K. judgments in other parts of U.K.U.K.

(1)In relation to any judgment to which this section applies—

(a)Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

(b)Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

(2)In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

(a)any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

(b)any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or [F1the county court];

(c)any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

(d)any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

(e)an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

[F2(f)an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation F3... within the [F4meaning] given by section 341 of that Act [F5or an unexplained wealth order made under that Part (see sections 362A and 396A of that Act)];]

[F6(g)an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation [F7, a detained property investigation [F8or a frozen funds investigation] [F8, a frozen funds investigation or a cryptoasset investigation]] within the [F9meanings] given by section 341 of that Act;]

and, subject to the following provisions of this section, this section applies to all such judgments.

(3)Subject to [F10subsections (4) [F11, (4ZA) and (4ZB)]], this section does not apply to—

(a)a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;

(b)a judgment given in proceedings other than civil proceedings;

[F12(ba)a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section [F13426 of the Insolvency Act 1986];]

(c)a judgment given in proceedings relating to—

F14(i)(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the obtaining of title to administer the estate of a deceased person;

[F15(d)an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).]

(4)This section applies, whatever the nature of the proceedings in which it is made, to—

(a)a decree issued under section 13 of the M1Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);

(b)an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the M2Contempt of Court Act 1981 or section 140 of the M3[F16Senior Courts Act 1981] (which relate to fines for contempt of court and forfeiture of recognisances).

[F17(4ZA)This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.]

[F18(4ZB)This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland—

(a)an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002;

(b)an order for the forfeiture of money made under section 303Z14 of that Act;

[F19(ba)a crypto wallet freezing order made under section 303Z37 of that Act;

(bb)an order for the forfeiture of cryptoassets made under section 303Z41 or 303Z45 of that Act;]

(c)an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

(d)an order for the forfeiture of money made under paragraph 10Z2 of that Schedule.

[F20(da)a crypto wallet freezing order made under paragraph 10Z7BB of that Schedule;

(db)an order for the forfeiture of cryptoassets made under paragraph 10Z7CA or 10Z7CE of that Schedule.]]

[F21(4A)This section does not apply as respects—

(a)the enforcement in Scotland of orders made by the High Court or [F22the county court] in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or

(b)the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of [F23the Proceeds of Crime (Scotland) Act 1995]]

(5)This section does not apply to so much of any judgment as—

(a)is an order to which section 16 of the M4Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);

(b)concerns the status or legal capacity of an individual;

(c)relates to the management of the affairs of a person not capable of managing his own affairs;

(d)is a provisional (including protective) measure [F24other than an order of any of the following kinds—

(i)a freezing order of the kind mentioned in paragraph (a) [F25, (ba)] [F26or (c)] [F26, (c) or (da)] of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland);

(ii)an order for the making of an interim payment;

(iii)an interim order made in connection with the civil recovery of proceeds of unlawful conduct;

(iv)an interim freezing order under section 362J of the Proceeds of Crime Act 2002;

(v)an interim freezing order under section 396J of that Act.]

and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.

(6)The following are within subsection (5)(b), but without prejudice to the generality of that provision—

(a)[F27a judicial separation order or] a decree of judicial separation or of separation;

[F28(b)any order which is a Part I order for the purposes of The Family Law Act 1986.]

[F29(6A)In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful conduct” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002—

(a)a property freezing order or prohibitory property order;

(b)an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order);

(c)an interim receiving order or interim administration order.

[F30(d)an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order).]]

(7)This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the M5Administration of Justice Act 1920, Part I of the M6Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the M7Maintenance Orders (Reciprocal Enforcement) Act 1972 [F31, the International Recovery of Maintenance (Hague Convention 2007) Regulations 2012] F32... F33....

(8)A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.

Textual Amendments

F1Words in s. 18(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 66; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2S. 18(2)(f) inserted (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), art. 34

F3Words in s. 18(2)(f) repealed (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 114(a)(i), Sch. 8 Pt. 5; S.I. 2015/983, arts. 2(2)(e)(g), 3(hh) (with art. 6(1))

F4Word in s. 18(2)(f) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 114(a)(ii); S.I. 2015/983, arts. 2(2)(e), 3(hh) (with art. 6(1))

F5Words in s. 18(2)(f) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(2); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F6S. 18(2)(g) inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 114(b); S.I. 2015/983, arts. 2(2)(e), 3(hh)

F7Words in s. 18(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(a); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F8Words in s. 18(2)(g) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(2)

F9Word in s. 18(2)(g) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(b); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F10Words in s. 18(3) substituted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 7(2); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F11Words in s. 18(3) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(4); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F12S. 18(3)(ba) added by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 36

F13Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

F14S. 18(c)(i)(ii) repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. IV

F15S. 18(3)(d) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1), Sch. 11 para. 11; S.I. 2003/333, art. 2, Sch. (with arts. 10-13 (as amended by S.I. 2003/531, arts. 3, 4)); S.S.I. 2003/210, art. 2, Sch. (with art. 7)

F16Words in s. 18(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F17S. 18(4ZA) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 7(3); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F18S. 18(4ZB) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(5); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F19S. 18(4ZB)(ba)(bb) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(3)(a)

F20S. 18(4ZB)(da)(db) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(3)(b)

F21S. 18(4A) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 6

F22Words in s. 18(4A)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F23Words in s. 18(4A) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 42

F24Words in s. 18(5)(d) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(6); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F25Word in s. 18(5)(d)(i) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(4)(a)

F26Words in s. 18(5)(d)(i) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(4)(b)

F27Words in s. 18(6)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 47; S.I. 2022/283, reg. 2

F28S. 18(6)(b) beginning “any order" substituted (14.10.1991) for s. 18(6)(b) beginning “any provision" by Courts and Legal Services Act 1990 (c. 41, SIF 76), ss. 116, 123(4), Sch. 16 para. 41; S.I. 1991/1883, art. 3 Sch.

F29S. 18(6A) inserted (E.W.S.) (1.6.2015) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 18 para. 3; S.I. 2015/964, art. 2(b); and insertion extended to N.I. (20.3.2015) by S.I. 2015/798, arts. 1(2), 7(a)

F30S. 18(6A)(d) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 6(1); S.I. 2015/820, reg. 3(q)(ii)

F31Words in s. 18(7) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 5(2)

F32Words in s. 18(7) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 30 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)