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

PART II REGISTRATION AND ENFORCEMENT UNDER THE ADMINISTRATION OF JUSTICE ACT 1920 AND THE FOREIGN JUDGEMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

Application and interpretation of this Part

62.4.—(1) This Part applies to an application to the court under the Administration of Justice Act 1920(1) or the Foreign Judgments (Reciprocal Enforcement) Act 1933(2).

(2) In this Part–

“the Act of 1920” means the Administration of Justice Act 1920;

“the Act of 1933” means the Foreign Judgments (Recriprocal Enforcement) Act 1933.

Applications for registration under the Act of 1920 or 1933

62.5.—(1) An application under section 9 of the Act of 1920 (enforcement in United Kingdom of judgments obtained in superior courts in other British Dominions etc.) shall be made by petition.

(2) An application under section 2 of the Act of 1933(3) (application for registration of a foreign judgment) shall be made by petition.

Supporting documents

62.6.—(1) There shall be produced with the petition for registration referred to in rule 62.5 an affidavit–

(a) referring to the judgment or a certified copy of the judgment issued by the original court and authenticated by its seal; and

(b) stating–

(i) the full name, title, trade or business and the usual or last known place of residence or business of the judgment creditor and the judgment debtor respectively;

(ii) that the petitioner is entitled to have the judgment registered under the Act of 1920 or the Act of 1933, as the case may be;

(iii) where the judgment is in respect of several matters, only some of which may be registered, those in respect of which the petitioner seeks registration;

(iv) the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the date of the affidavit;

(v) the amount of the judgment which is unsatisfied;

(vi) that at the date of presentation of the petition the judgment may be enforced by execution in the country of the original court;

(vii) that if the judgment were registered, the registration would not be, or be liable to be, set aside under section 4 of the Act of 1933; and

(viii) that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980(4) (restriction on enforcement of certain overseas judgments) applies.

(2) There shall be produced with a petition referred to in rule 62.5 such other evidence with respect to the matters referred to in sub-paragraphs (b)(iv) and (b)(vi) of paragraph (1) as may be required having regard to the provisions of an order in Council made under section 1 of the Act of 1933(5) (power to extend the Act of 1933 to the country of the original court).

Warrant for registration under the Act of 1920 or 1933

62.7.—(1) The court shall, on being satisfied that the petition complies with the requirements of the Act of 1920 or the Act of 1933, as the case may be, pronounce an interlocutor granting warrant for the registration of the judgment.

(2) The interlocutor under paragraph (1) shall specify a date by which the judgment debtor may apply to the court to set aside the registration; and in fixing such date, regard shall be had to the place of residence of the judgment debtor.

(3) In fixing the date under paragraph (2), the court shall have regard, in the case of a judgment debtor furth of Scotland, to the periods for superseding extract of a decree in absence in rule 19.1(5).

Registration of judgments under the Act of 1920 or 1933

62.8.—(1) Where the court pronounces an interlocutor under rule 62.7(1) granting warrant for registration, the Deputy Principal Clerk shall enter details of the judgment in a register of judgments under the Act of 1920 or the Act of 1933, as the case may be, kept in the Petition Department.

(2) On presentation by the petitioner to the Keeper of the Registers of–

(a) a certified copy of the interlocutor under rule 62.7(1) granting warrant for registration,

(b) the judgment or a certified copy of the judgment and any translation of it, and

(c) any certificate of currency conversion under rule 62.2(2),

they shall be registered in the register of judgments of the Books of Council and Session.

(3) An extract of a registered judgment with a warrant for execution shall not be issued by the Keeper of the Registers until the certificate mentioned in rule 62.10(3) is produced to him.

Service on judgment debtor

62.9.  On registration of a judgment under rule 62.8(2), the petitioner shall serve a notice of the registration on the judgment debtor in Form 62.9.

Application to set aside registration under the Act of 1920 or 1933

62.10.—(1) An application by a judgment debtor to set aside the registration of a judgment shall be made by note and supported by affidavit and any documentary evidence.

(2) In relation to such an application, the court may order such inquiry as it thinks fit.

(3) Where no such application is made by the date specified in the interlocutor pronounced under rule 62.7(2) or where the application has been made and refused, the Deputy Principal Clerk shall, at the request of the petitioner, issue a certificate to that effect.

(4) Subject to paragraph (5), where such an application is granted, a certificate to that effect issued by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers to cancel the registration and return the judgment to the petitioner.

(5) Where the court makes an order under section 5(3) of the Act of 1933 (judgment ordered to be registered for balance payable), it shall pronounce an interlocutor–

(a) recalling the warrant for registration granted under rule 62.7; and

(b) granting warrant for registration of the judgment in respect of the balance remaining payable at the date of the original petition for registration.

Application for enforcement abroad under the Act of 1920 or 1933

62.11.—(1) An application under section 10 of the Act of 1920(6) or the Act of 1933(7), as the case may be, for a certified copy of a judgment pronounced by the court shall be made by letter to the Deputy Principal Clerk.

(2) On receipt of such an application, the Deputy Principal Clerk shall issue under the seal of the court a copy of the judgment certified by him in Form 62.11.

(3) Where such an application is made under section 10 of the Act of 1933, the Deputy Principal Clerk shall issue with the certified copy of the judgment a further certificate under the seal of the court signed by him containing the details, and having appended the documents, mentioned in paragraph (4).

(4) A certificate under paragraph (3) shall–

(a) state–

(i) the manner in which the principal writ or counterclaim was served on the judgment debtor;

(ii) whether or not the judgment debtor entered appearance or lodged answers in the process of the cause;

(iii) any objection made to the jurisdiction;

(iv) that the time limit for appeal has expired and that no appeal has been taken, or that an appeal was taken but was refused; and

(v) such other particulars as may be required by the foreign court which may enable execution of the judgment; and

(b) number, identify and have appended to it a copy of–

(i) the principal writ or counterclaim showing the manner in which such writ was served on the judgment debtor;

(ii) the pleadings, if any, in the cause resulting i n the judgment; and

(iii) a copy of the opinion, if any, of the judge or judges who issued the judgment.

(5) Where necessary, the applicant shall provide the copies of the documents mentioned in paragraph (4).

(1)

1920 c. 81.

(2)

1933 c. 13.

(3)

Section 2 was amended by the Administration of Justice Act 1977 (c. 38), section 4 and Schedule 3.

(4)

1980 c. 11.

(5)

Section 1 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 10.

(6)

Section 10 of the Act of 1920 was substituted by the Civil Jurisdiction and Judgments Act 1982 (c. 27) (“the 1982 Act”), section 35.

(7)

Section 10 of the Act of 1933 was substituted by the 1982 Act, Schedule 10, paragraph 3.