Act of Sederunt (Rules of the Court of Session 1994) 1994

Enforcement of judgements, authentic instruments or court settlements from another Contracting State

62.28.—(1) An application under section 4 of, and Article 31 (enforcement of judgment from another Contracting State) or Article 50 (enforcement of authentic instrument or court settlement from another Contracting State) of the Convention in Schedule 1 or 3C to, the Act of 1982(1) shall be made by petition in Form 62.28.

(2) There shall be produced with the petition–

(a) an authentic copy of the judgment to be registered;

(b) a document which establishes that, according to the law of the country in which the judgment has been given, the judgment is enforceable and has been served;

(c) where judgment has been given in absence (that is to say, in default of appearance), the original or a certified copy of the document which establishes that the party against whom judgment was given in absence was served with the document initiating the proceedings or with an equivalent document;

(d) where applicable, a document showing that the applicant is in receipt of legal aid in the country in which the judgment was given;

(e) an affidavit stating–

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

(ii) whether interest is recoverable on the judgment under the law of the country in which judgment was given, and if so, the rate of interest, the date from which interest is due and the date on which interest ceases to accrue;

(iii) an address within the jurisdiction of the court for service on or intimation to the petitioner;

(iv) the usual or last known place of residence or business of the person against whom the judgment was given;

(v) the grounds on which the petitioner is entitled to enforce the judgment; and

(vi) the part of the judgment which is unsatisfied.

(3) Where the petitioner does not produce a document required under paragraph (2)(a) to (d), the court may–

(a) fix a period within which that document is to be lodged;

(b) accept an equivalent document; or

(c) dispense with the requirement to produce the document.

(1)

Section 4 was amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraph 2 and was extended to authentic instruments and court settlements by S.I. 1993/604. Schedule 1 was substituted by S.I. 1990/2591. Schedule 3C was inserted by the Civil Jurisdiction and Judgments Act 1991, section 1(3) and Schedule 1.