62.1. The following rules shall not apply to a petition or application under this Chapter:–
14.5 (first order in petitions),
14.6 (period of notice for lodging answers),
14.7 (intimation and service of petitions),
14.9 (unopposed petitions).
62.2.—(1) Where the sum payable under a judgment, award, recommendation or determination to be registered in accordance with a provision of this Chapter is expressed in a currency other than sterling, the petitioner or applicant, as the case may be, before applying to the Keeper of the Registers for registration of such a document, shall lodge in the Petition Department–
(a)a certified statement of the rate of exchange prevailing at–
(i)the date of the judgment, award, recommendation or determination,
(ii)the date on which the certified statement is lodged, or
(iii)a date within three days before the date on which the certified statement is lodged,
and of the sterling equivalent, at that rate, of the principal sum, interest and expenses contained in the judgment, award, recommendation or determination, as the case may be; and
(b)a certificate of currency conversion in Form 62.2.
(2) The certified statement required under paragraph (1) shall be by an official in the Bank of England or an institution authorised under the Banking Act 1987(1).
(3) On receipt of the documents specified in paragraph (1), the clerk of session shall, if satisfied with the terms of those documents, sign and date the certificate of currency conversion.
62.3. Where a judgment, award, or other document lodged with a petition or application to which this Chapter applies is in a language other than English, there shall be produced with the petition a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualification.
62.4.—(1) This Part applies to an application to the court under the Administration of Justice Act 1920(2) or the Foreign Judgments (Reciprocal Enforcement) Act 1933(3).
(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.
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(4) (application for registration of a foreign judgment) shall be made by petition.
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(5) (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(6) (power to extend the Act of 1933 to the country of the original court).
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).
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.
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.
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.
62.11.—(1) An application under section 10 of the Act of 1920(7) or the Act of 1933(8), 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).
62.12.—(1) This Part applies to the registration of awards under the Arbitration (International Investment Disputes) Act 1966(9).
(2) In this Part–
“the Act of 1966” means the Arbitration (International Investment Disputes) Act 1966;
“award” has the meaning assigned to it in section 1(7) of the Act of 1966;
“the Convention” means the convention mentioned in section 1(1) of the Act of 1966.
62.13.—(1) An application for recognition or enforcement of an award under Article 54 of the Convention shall be made by petition.
(2) There shall be produced with such a petition an affidavit–
(a)exhibiting a copy of the award certified under the Convention; and
(b)stating–
(i)the full name, title, trade or business and the usual or the last known place of residence or, where appropriate, of the business of the petitioner and of the party against whom the award was made;
(ii)that the petitioner is entitled to have the award registered under the Act of 1966;
(iii)the amount of the award which is unsatisfied;
(iv)whether the enforcement of the award has been sisted (provisionally or otherwise) under the Convention and whether any, and if so what, application has been made under the Convention which, if granted, might result in a sist of enforcement of the award.
62.14. The court shall, subject to rule 62.17 (sist of enforcement), on being satisfied that the petition complies with the requirements of the Act of 1966, pronounce an interlocutor granting warrant for the registration of the award.
62.15.—(1) Where the court pronounces an interlocutor under rule 62.14 granting warrant for registration, the Deputy Principal Clerk shall enter details of the interlocutor and the award in a register of awards under the Act of 1966.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a)a certified copy of the interlocutor under rule 62.14,
(b)a certified copy of the award 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 the registered award with warrant for execution shall not be issued by the Keeper of the Registers until a certificate of service under rule 62.16 is produced to him.
62.16. On registration under rule 62.15, the petitioner shall forthwith serve a notice of the registration on the party against whom the award was made in Form 62.16.
62.17.—(1) Where it appears to the court that–
(a)the enforcement of the award has been sisted (whether provisionally or otherwise) under the Convention, or
(b)any application has been made under the Convention which, if granted, might result in a sist of the enforcement of the award,
the court shall, or in the case referred to in sub-paragraph (b) may, sist the petition for such time as it thinks fit.
(2) Where the court has granted a warrant for registration under rule 62.14, the party against whom the award was made may apply to the court for suspension or interdict of execution of the award.
(3) An application under paragraph (2) shall–
(a)be made on ground (a) or (b) of paragraph (1);
(b)notwithstanding rule 60.2 (form of applications for suspension), be made by note in the process of the petition under rule 62.13; and
(c)be accompanied by an affidavit stating the relevant facts.
62.18.—(1) In this Part–
“Community judgment” means any decision, judgment or order which is enforceable under or in accordance with–
Article 187 or 192 of the E.E.C. Treaty,
Article 18, 159 or 164 of the Euratom Treaty, or
Article 44 or 92 of the E.C.S.C. Treaty;
“Euratom inspection order” means an order made by or in the exercise of the functions of the President of the European Court or by the Commission of the European Communities under Article 81 of the Eurotom Treaty;
“European Court” means the Court of Justice of the European Communities;
“order for enforcement” means an order by or under the authority of the Secretary of State that the Community judgment to which it is appended is to be registered for enforcement in the United Kingdom.
(2) In paragraph (1), the expressions “E.E.C. Treaty”, “Euratom Treaty” and “E.C.S.C. Treaty” have the meanings assigned respectively in Schedule 1 to the European Communities Act 1972(10).
62.19. A register shall be kept by the Deputy Principal Clerk for the purpose of registering–
(a)any Community judgment to which the Secretary of State has attached an order for enforcement
(b)any Euratom inspection order; or
(c)any order of the European Court that enforcement of a registered Community judgment shall be suspended.
62.20.—(1) An application for registration of a Community judgment or Euratom inspection order shall be made by petition.
(2) Where the application is for registration of a Community judgment under which a sum of money is payable, the petition shall set out–
(a)the name, trade or business and the usual or last known place of residence or business of the judgment debtor, so far as known to the petitioner; and
(b)the amount of the judgment which remains unsatisfied.
(3) There shall be produced with a petition referred to in paragraph (1) the Community judgment and the order for its enforcement or the Euratom inspection order, as the case may be, or a copy of it.
62.21.—(1) On an application being made under rule 62.20, the court shall direct that any Euratom inspection order or any Community judgment which has appended to it an order for enforcement shall be entered in the register kept under rule 62.19 and–
(a)in respect of a Community judgment, subject to paragraph (2), pronounce an interlocutor granting warrant for registration of the judgment in the Books of Council and Session; or
(b)in respect of a Euratom inspection order, pronounce such interlocutor as is necessary for the purpose of ensuring that effect is given to that order.
(2) Where it appears that a Community judgment under which a sum of money is payable has been partly satisfied at the date of the application under rule 62.20, warrant for registration in the Books of Council and Session shall be granted only in respect of the balance remaining payable at that date.
62.22.—(1) On presentation by the petitioner to the Keeper of the Registers of–
(a)a certified copy of an interlocutor pronounced under rule 62.21(1)(a),
(b)the Community judgment or a certified copy of it and any translation of it, and
(c)any certificate of currency conversion under rule 62.2(2),
they shall immediately be registered in the register of judgments of the Books of Council and Session.
(2) On registration under paragraph (1), the Keeper of the Registers shall issue an extract of the registered Community judgment with a warrant for execution.
62.23. On an interlocutor being pronounced under rule 62.21(1)(a), the petitioner shall forthwith serve a copy of it on the person against whom the Community judgment was given or the Euratom inspection order was made, as the case may be.
62.24.—(1) An application for the variation or cancellation of any registration shall be made by note in the process of the petition under rule 62.20(1).
(2) Where the court grants an application under paragraph (1), it may direct that the entry in the register kept under rule 62.19, and, in the case of variation of a Community judgment, the entry in the Books of Council and Session, shall be varied as sought by the noter.
62.25.—(1) An order of the European Court that enforcement of a registered Community judgment be suspended–
(a)shall–
(i)on production of the order to the Court of Session, and
(ii)on application made by note,
be registered forthwith, and
(b)shall be of the same effect as if the order had been an order made by the Court of Session on the date of its registration suspending the execution of the judgment for the same period and on the same conditions as are stated in the order of the European Court.
(2) No steps to enforce the judgment mentioned in paragraph (1) shall be taken while such an order of the European Court remains in force.
62.26.—(1) This Part applies to the recognition and enforcement of a judgment under the Civil Jurisdiction and Judgments Act 1982(11).
(2) Unless the context otherwise requires, in this Part–
“the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982;
“Contracting State” has the meaning assigned in section 1(3) of the Act of 1982(12);
“judgment” includes an authentic instrument or court settlement.
62.27. The following provisions shall not apply to an application under this Part in addition to those rules mentioned in rule 62.1:–
rule 4.1(1) (printed form for petition),
rule 14.4 (form of petitions).
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(13) 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.
62.29.—(1) On lodging a petition referred to in rule 62.28, the petitioner may, at any time until the expiry of the period for lodging an appeal referred to in rule 62.34 or its disposal, apply by motion for a warrant for the execution of protective measures.
(2) On lodging such a petition, the petitioner may, at any time until the expiry of the period for lodging an appeal mentioned in rule 62.34 or its disposal, apply by motion for an interim interdict.
62.30.—(1) The court shall, on being satisfied that the petition complies with the requirements of the Act of 1982, pronounce an interlocutor–
(a)granting warrant for the registration of the judgment;
(b)granting warrant for the execution of protective measures; and
(c)where necessary, granting decree in accordance with Scots law.
(2) The interlocutor pronounced under paragraph (1) shall specify–
(a)the period within which an appeal mentioned in rule 62.34 against the interlocutor may be made; and
(b)that the petitioner–
(i)may register the judgment under rule 62.32; and
(ii)may not proceed to execution until the expiry of the period for lodging such an appeal or its disposal.
62.31. Where the court pronounces an interlocutor under rule 62.30(1) granting warrant for registration, the Deputy Principal Clerk shall intimate such interlocutor to the petitioner by sending to his address for service in Scotland a certified copy of the interlocutor by registered post or the first class recorded delivery service.
62.32.—(1) Where the court pronounces an interlocutor under rule 62.30(1) granting warrant for registration, the Deputy Principal Clerk shall enter the judgment in a register of judgments, authentic instruments and court settlements under the Act of 1982 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 62.30(1) granting warrant for registration,
(b)an authentic 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) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered judgment with a warrant for execution.
62.33. The petitioner shall serve a copy of the interlocutor granting warrant for registration of a judgment and a notice in Form 62.33 on the person liable under the judgment.
62.34.—(1) An appeal under Article 37 of the convention in Schedule 1 or 3C to the Act of 1982 (appeal against granting of warrant for registration) shall be made by motion–
(a)to the Lord Ordinary; and
(b)within one month of service under rule 62.33 (service of warrant for registration under the Act of 1982) or within two months of such service where service was executed on a person domiciled in another Contracting State.
(2) An appeal under Article 40 of the convention in Schedule 1 or 3C to the Act of 1982 (appeal against refusal to grant warrant for registration) shall be made by motion–
(a)to the Lord Ordinary; and
(b)within one month of the interlocutor pronounced under rule 62.30(1) (warrant for registration under the Act of 1982).
(3) Where the respondent in any such appeal is domiciled furth of the United Kingdom–
(a)in relation to an appeal under paragraph (1), intimation of the motion shall be made to the address for service of the respondent in Scotland;
(b)in relation to an appeal under paragraph (2), intimation of the motion shall be made in accordance with rule 16.2 (service furth of United Kingdom) or rule 16.5 (service where address of person is not known), as the case may be.
(4) Where an appeal under paragraph (1) is successful, the court shall, on the motion of the appellant, pronounce an interlocutor recalling any protective measure or interim interdict.
62.35.—(1) Any party dissatisfied with the interlocutor of the Lord Ordinary in any appeal mentioned in rule 62.34 (appeals under the Act of 1982) may reclaim on a point of law against that interlocutor.
(2) Where a reclaiming motion under paragraph (1) against the registration of a judgment is successful, the court shall, on the motion of the appellant, pronounce an interlocutor recalling any protective measure or interim interdict.
62.36.—(1) For the purposes of Article 26 of the convention in Schedule 1 or 3C to the Act of 1982, an interlocutor pronounced under rule 62.30(1) (warrant for registration under the Act of 1982) shall imply recognition of the judgment so dealt with.
(2) In an application under Article 26(2) of the convention in Schedule 1 or 3C to the Act of 1982 (application for recognition of a judgment), rules 62.26 to 62.35 shall apply to such an application as they apply to an application under Article 31 of that convention, subject to the following provisions:–
(a)it shall not be necessary to produce any documents required by rule 62.28(2)(b) and (d); and
(b)rule 62.32 shall not apply.
62.37.—(1) An application under paragraph 5 of Schedule 6 to the Act of 1982 (application for registration in the Court of Session of a certificate in relation to a money provision in a judgment from another part of the United Kingdom) shall be made by presenting to the Keeper of the Registers–
(a)a certificate under paragraph 4(1) of Schedule 6 to the Act of 1982; and
(b)any certificate of currency conversion under rule 62.2(2).
(2) On presentation of the certificate mentioned in paragraph (1)(a), the Keeper of the Registers shall–
(a)register the certificate in the register of judgments of the Books of Council and Session; and
(b)issue an extract of the certificate with a warrant for execution.
(3) An application under–
(a)paragraph 9 of Schedule 6 to the Act of 1982 (application to sist proceedings for enforcement of a certificate registered under paragraph (2) of this rule), or
(b)paragraph 10 of Schedule 6 to the Act of 1982 (application to reduce the registration under paragraph (2) of this rule),
shall be made by petition.
62.38.—(1) An application under paragraph 5 of Schedule 7 to the Act of 1982 (application for registration in the Court of Session of a non-money provision in a judgment from another part of the United Kingdom) shall be made by petition in Form 62.38.
(2) There shall be produced with the petition under paragraph (1)–
(a)a certified copy of the judgment of the original court; and
(b)a certificate under paragraph 4(1)(b) of Schedule 7 to the Act of 1982.
(3) The petition under paragraph (1) shall be heard by the Lord Ordinary in chambers and shall not require any appearance for the applicant unless the court so requires.
(4) The court shall, on being satisfied that the petition complies with the requirements of section 18 of, and Schedule 7 to, the Act of 1982, pronounce an interlocutor–
(a)granting warrant for the registration of the judgment; and
(b)where necessary, granting decree in accordance with Scots law.
(5) Where the court pronounces an interlocutor under paragraph (4), rule 62.32 shall apply to the registration of a judgment under this rule as it applies to the registration of a judgment under that rule.
(6) An application under–
(a)paragraph 8 of Schedule 7 to the Act of 1982 (application to sist proceedings for enforcement of a judgment registered under paragraph (5) of this rule), or
(b)paragraph 9 of Schedule 7 to the Act of 1982 (application to reduce the registration under paragraph (5) of this rule),
shall be made by petition.
62.39. Where–
(a)an interlocutor under rule 62.30(1) (warrant for registration under the Act of 1982) is recalled and registration under rule 62.32 (registration under the Act of 1982) is ordered to be cancelled after an appeal under Article 37 of the convention in Schedule 1 or 3C to the Act of 1982, or
(b)registration under rule 62.37(2) (registration of judgments from another part of the United Kingdom in Scotland (money provisions)) or rule 62.38(5) (registration of judgments from another part of the United Kingdom in Scotland (non-money provisions)) is reduced, a certificate to that effect by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers to cancel the registration and return the judgment, certificate or other documents to the person who applied for registration.
62.40.—(1) Where a person seeks to apply under section 12 of the Act of 1982(14) for recognition or enforcement in another Contracting State of a judgment given by the court or a c ourt settlement in the court, he shall apply by letter to the Deputy Principal Clerk for–
(a)a certificate in Form 62.40–A;
(b)a certified copy of the judgment; and
(c)if required, a certified copy of the opinion of the court.
(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1)(a) unless there is produced to him an execution of service of the judgment on the person on whom it is sought to be enforced.
(3) Where a person seeks to apply under Article 50 of the convention in Schedule 1 or 3C of the Act of 1982 for enforcement of an authentic instrument or court settlement registered for execution in the Books of Council and Session, he shall apply by letter to the Keeper of the Registers for–
(a)a certificate in Form 62.40–B; and
(b)an extract of the authentic instrument or court settlement.
62.41.—(1) Where a person seeks to apply under Schedule 6 to the Act of 1982 for enforcement in another part of the United Kingdom of a money provision in a judgment given by the court, he shall apply by letter to the Deputy Principal Clerk for a certificate in Form 62.41–A.
(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1) unless there is produced to him an affidavit stating–
(a)the sum or aggregate of sums including interest and expenses payable and unsatisfied;
(b)that the time for making an appeal against such judgment has expired or such appeal has been finally determined;
(c)that enforcement of the judgment has not been suspended and the time available for its enforcement has not expired; and
(d)the address of the party entitled to enforce, and the usual or last known address of the party liable to execution on, the judgment.
(3) Where a person seeks to apply under Schedule 6 to the Act of 1982 for enforcement in another part of the United Kingdom of a document registered for execution in the Books of Council and Session, he shall apply by letter to the Keeper of the Registers for–
(a)a certificate in Form 61.41–B; and
(b)an extract of the document.
(4) The Keeper of the Registers shall not issue a certificate under paragraph (3) unless there is produced to him an affidavit which includes the statements required under paragraph (2)(a), (c) and (d).
62.42.—(1) Where a person seeks to apply under Schedule 7 to the Act of 1982 for enforcement in another part of the United Kingdom of a non-money provision in a judgment of the court, he shall apply by letter to the Deputy Principal Clerk for–
(a)a certificate in Form 62.42–A; and
(b)a certified copy of such judgment.
(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1) unless there is produced to him an affidavit stating–
(a)that the time for making an appeal against such judgment has expired or such appeal has been finally determined; and
(b)the address of the party entitled to enforce, and the usual or last known address of the party liable to execution on, the judgment or registered document.
(3) Where the Deputy Principal Clerk issues a certificate in Form 62.42–A, he shall attach it to the certified copy judgment.
(4) Where a person seeks to apply under Schedule 7 to the Act of 1982 for enforcement in another part of the United Kingdom of a non-money provision in a document registered for execution in the Books of Council and Session, he shall apply by letter to the Keeper of the Registers for–
(a)a certificate in Form 62.42–B; and
(b)an extract of the document.
(5) The Keeper of the Registers shall not issue a certificate under paragraph (4) unless there is produced to him an affidavit referred to in paragraph (2).
(6) Where the Keeper of the Registers issues a certificate in Form 62.42–B, he shall attach it to the extract of the document.
62.43.—(1) This part applies to an application under section 9 of the Merchant Shipping (Liner Conferences) Act 1982(15) (recognition and enforcement of recommendations, etc., of conciliators).
(2) In this Part, “the Liner Conferences Act” means the Merchant Shipping (Liner Conferences) Act 1982.
62.44.—(1) An application under–
(a)section 9(1)(b) of the Liner Conferences Act (application for registration for enforcement of a recommendation, determination or award), or
(b)section 9(3) of that Act (application for registration for enforcement of a determination of costs),
shall be made by petition.
(2) A petition under section 9(1)(b) of the Liner Conferences Act shall include averments in relation to–
(a)the reasons for the petition; and
(b)where appropriate, the limited extent to which the recommendation is enforceable under section 9(2) of that Act.
(3) There shall be produced with the petition–
(a)a certified copy of the recommendation, the reasons for the recommendation and the record of settlement;
(b)a copy of the acceptance of the recommendation by the parties on whom it is binding.
(4) There shall be produced with a petition under section 9(3) of the Liner Conferences Act a certified copy of the determination of costs.
62.45. The court, on being satisfied that the recommendation, determination or award may be registered, shall pronounce an interlocutor granting warrant for registration of the recommendation, determination or award, as the case may be.
62.46.—(1) Where the court pronounces an interlocutor under rule 62.45 granting warrant for registration–
(a)the Deputy Principal Clerk shall enter the warrant in the register of recommendations, deter-minations and awards to be registered under section 9 of the Liner Conferences Act; and
(b)the petitioner shall serve a copy of the interlocutor containing such warrant on the party against whom the recommendation, determination or award may be enforced.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a)a certified copy of the interlocutor under rule 62.45 granting warrant for registration,
(b)a certified copy of the recommendation, determination or award to be registered and any translation of it, and
(c)where necessary, a 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) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered recommendation, determination or award, as the case may be, with a warrant for execution.
62.47. In this Part–
“the Act of 1987” means the Criminal Justice (Scotland) Act 1987(16);
“the Act of 1988” means the Criminal Justice Act 1988(17);
“the Act of 1989” means the Prevention of Terrorism (Temporary Provisions) Act 1989(18);
“money order” means an order for the payment of money;
“non-money order” means an order which is not a money order.
62.48.—(1) An application to which this rule applies shall be made by petition.
(2) This rule applies to an application under any of the following provisions:–
(a)section 28(1) of the Act of 1987 (application for registration of an order to which section 27 of the Act applies);
(b)section 30A(1) of the Act of 1987(19) (application for registration of an external confiscation order);
(c)section 91(1) of the Act of 1988 (application for registration of an order to which section 90 of that Act applies);
(d)paragraph 19(2) of Schedule 4 to the Act of 1989 (application for registration of an England and Wales order, Northern Ireland order or Islands order).
(3) There shall be produced with a petition under paragraph (1) a certified copy of the order which is sought to be registered.
62.49. The court shall, on being satisfied that the application complies with the requirements of the Act of 1987, the Act of 1988 or the Act of 1989, as the case may be–
(a)pronounce an interlocutor granting warrant for execution of a non-money order; or
(b)pronounce an interlocutor granting warrant for the registration of a money order.
62.50.—(1) Where the court pronounces an interlocutor under rule 62.49, the Deputy Principal Clerk shall enter the order in the register for the registration of orders under the Act of 1987, the Act of 1988 or the Act of 1989.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a)a certified copy of the interlocutor pronounced under rule 62.49(b), and
(b)a certified copy of the order to be registered,
they shall be registered in the register of judgments of the Books of Council and Session.
(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered order with a warrant for execution.
62.51. The petitioner shall serve a copy of the interlocutor, pronounced under rule 62.49 granting warrant for registration, and a notice in Form 62.51 on the person against whom the order may be enforced.
62.52.—(1) Where an order has been registered under rule 62.50, the court may, on the application of the person against whom the order may be enforced, if satisfied that an application has been made to the court which made the order to have it set aside or quashed–
(a)suspend enforcement of the order; and
(b)sist any proceedings for enforcement of the order.
(2) Notwithstanding rule 60.2 (form of applications for suspension), an application under paragraph (1) shall be made by note in the process in the petition under rule 62.48(1).
62.53.—(1) An application to modify or cancel the registration of an order registered under rule 62.50 shall be made–
(a)by the petitioner, by motion; or
(b)by any other interested party, by note.
(2) There shall be produced with the application under paragraph (1) a certified copy of any order which modifies or revokes the registered order or which causes the order to cease to have effect.
(3) The court shall, on being satisfied–
(a)that the registered order has been modified, revoked or has ceased to have effect, or
(b)that the registration of an external confiscation order should be cancelled in terms of section 30A(3) of the Act of 1987,
pronounce an interlocutor so modifying or cancelling the registration, as the case may be, and grant warrant for the registration of a certified copy of the interlocutor in the Books of Council and Session.
(4) Where the court pronounces an interlocutor under paragraph (3), the Deputy Principal Clerk shall modify or cancel the registration in the register kept under rule 62.50(1) in accordance with that interlocutor.
62.54. An application under section 11(1) of the Act of 1987 as applied by subsection (6) of that section, section 92(1) of the Act of 1988 or paragraph 16(1) of Schedule 4 to the Act of 1989 for warrant for inhibition or arrestment shall be made–
(a)where the prayer of the petition has previously been granted, by motion in the process of the petition under rule 62.48(1); or
(b)in the prayer of that petition.
62.55. Part III shall, with the necessary modifications, apply to an award under Article 4 of Annex II to the convention referred to in section 1(1) of the Multilateral Investment Guarantee Agency Act 1988(20) as it applies to an award under the convention mentioned in section 1(1) of the Arbitration (International Investment Disputes) Act 1966(21).
62.56.—(1) This Part applies to an application under article 35 of the Model Law in Schedule 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(22) (applications for enforcement of arbitral award).
(2) In this Part–
“the Act of 1990” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
“arbitral award” means an award to which the Model Law, as applied by section 86 of the Act of 1990, applies;
“the Model Law” means the Model Law on International Commercial Arbitration as set out in Schedule 7 to the Act of 1990.
62.57.—(1) An application for enforcement of an arbitral award under article 35 of the Model Law shall be made by petition.
(2) There shall be produced with such a petition–
(a)the authenticated original arbitral award or a certified copy of it;
(b)the original arbitration agreement referred to in article 7 of the Model Law or a certified copy of it;
(c)an affidavit stating–
(i)the full name, title, trade or business and the usual or last known place of residence or, where appropriate, of the business of the petitioner and the party against whom the arbitral award was made;
(ii)the amount of the arbitral award which is unsatisfied;
(iii)that the arbitral award has become binding on the parties and has not been set aside or suspended by a court of the country in which, or under the law of which, that awa rd was made; and
(iv)whether any application has been made under the Model Law which, if granted, might result in the setting aside of the award.
62.58.—(1) The court, on being satisfied that the arbitral award may be registered, shall grant warrant for registration.
(2) Where the court pronounces an interlocutor under paragraph (1), the Deputy Principal Clerk shall enter the arbitral award in a register of arbitral awards under article 35 of the Model Law.
(3) On presentation by the petitioner to the Keeper of the Registers of–
(a)a certified copy of the interlocutor of the warrant for registration,
(b)a certified copy of the arbitral award to be registered 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.
(4) An extract of a registered arbitral award with warrant for execution shall not be issued by the Keeper of the Registers until a certificate of service under rule 62.59 (service on party against whom arbitral award made) is produced to him.
62.59. On registration under rule 62.58, the petitioner shall forthwith serve a notice of the registration on the party against whom the arbitral award was made in Form 62.16.
62.60.—(1) An application under article 36(1)(a) of the Model Law (request by party against whom arbitral award made for refusal of recognition or enforcement) shall be made by note.
(2) A note referred to in paragraph (1)–
(a)may crave–
(i)suspension or interdict of any past or future steps in the execution of the arbitral award, including registration or enforcement of the award; and
(ii)recall of any interlocutor pronounced under rule 62.58(1) (registration under the Act of 1990); and
(b)shall be supported by affidavit and any documentary evidence.
(3) Where any interlocutor pronounced under rule 62.58(1) is recalled, 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 documents registered to the petitioner on whose application the interlocutor under the rule was pronounced.
Section 2 was amended by the Administration of Justice Act 1977 (c. 38), section 4 and Schedule 3.
Section 1 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 10.
Section 10 of the Act of 1920 was substituted by the Civil Jurisdiction and Judgments Act 1982 (c. 27) (“the 1982 Act”), section 35.
Section 10 of the Act of 1933 was substituted by the 1982 Act, Schedule 10, paragraph 3.
Section 1(3) of the Act of 1982 was amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 2(5).
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.
Section 12 was extended to court settlements by S.I. 1993/604.
Section 30A of the Act of 1987 was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 63.