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[F1I: ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTSE+W

Textual Amendments

InterpretationE+W

74.2—(1) In this Section—

(a)“Contracting State” has the meaning given in section 1(3) of the 1982 Act;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)“judgment” means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—

(i)a decree;

(ii)an order;

(iii)a decision;

(iv)a writ of execution [F3or a writ of control]; and

(v)the determination of costs by an officer of the court;

(d)“State of origin”, in relation to any judgment, means the State in which that judgment was given[F4;]

[F5(e)“writ of control” is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007;

(f)“writ of execution” includes—

(i)a writ of possession;

(ii)a writ of delivery;

(iii)a writ of sequestration;

(iv)a writ of fieri facias de bonis ecclesiasticis,

and any further writ in favour of any such writs, but does not include a writ of control.]

F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Rule 74.2(1)(d): semicolon substituted for full stop (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(ii) (with rule 41)

Applications for registrationE+W

74.3—(1) This Section provides rules about applications under—

(a)section 9 of the 1920 Act, in respect of judgments to which Part II of that Act applies;

(b)section 2 of the 1933 Act, in respect of judgments to which Part I of that Act applies;

[F7(c)[F8section] 4B of the 1982 Act; F9...] [F10and]

[F11(d)section 4C of the 1982 Act,]

for the registration of foreign judgments for enforcement in England and Wales.

(2) Applications—

(a)must be made to the High Court; and

(b)may be made without notice.

Textual Amendments

F10Word in rule 74.3(1)(c) inserted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(3)(a) (with rule 2)

F11Rule 74.3(1)(d) inserted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(3)(b) (with rule 2)

Enforcement under the Judgments RegulationE+W

F1274.3A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Evidence in supportE+W

74.4—(1) An application for registration of a judgment under the 1920, 1933 or 1982 Act must be supported by written evidence exhibiting—

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

(b)where the judgment is not in English, a translation of it into English—

(i)certified by a notary public or other qualified person; or

(ii)accompanied by written evidence confirming that the translation is accurate.

(2) The written evidence in support of the application must state—

(a)the name of the judgment creditor and his address for service within the jurisdiction;

(b)the name of the judgment debtor and his address or place of business, if known;

(c)the grounds on which the judgment creditor is entitled to enforce the judgment;

(d)in the case of a money judgment, the amount in respect of which it remains unsatisfied; and

(e)where interest is recoverable on the judgment under the law of the State of origin—

(i)the amount of interest which has accrued up to the date of the application, or

(ii)the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

(3) Written evidence in support of an application under the 1920 Act must also state that the judgment is not a judgment—

(a)which under section 9 of that Act may not be ordered to be registered; or

(b)to which section 5 of the Protection of Trading Interests Act 1980(1) applies.

(4) Written evidence in support of an application under the 1933 Act must also—

(a)state that the judgment is a money judgment;

(b)confirm that it can be enforced by execution in the State of origin;

(c)confirm that the registration could not be set aside under section 4 of that Act;

(d)confirm that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980 applies;

(e)where the judgment contains different provisions, some but not all of which can be registered for enforcement, set out those provisions in respect of which it is sought to register the judgment; and

(f)be accompanied by any further evidence as to—

(i)the enforceability of the judgment in the State of origin, and

(ii)the law of that State under which any interest has become due under the judgment,

which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State.

(5) Written evidence in support of an application under the 1982 Act must also exhibit—

(a)documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served;

(b)in the case of a judgment in default, a document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document; and

(c)where appropriate, a document showing that the judgment creditor is in receipt of legal aid in the State of origin.

[F13(6) Written evidence in support of an application under section 4B of the 1982 Act (registration and enforcement of judgments under the 2005 Hague Convention) must also—

(a)confirm that the judgment—

(i)meets the condition in Article 8(3) of the 2005 Hague Convention;

(ii)otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention; and

(b)include any other evidence required by Article 13 of the 2005 Hague Convention.]

[F14(7) Written evidence in support of an application under section 4C of the 1982 Act (registration and enforcement of judgments under the 2019 Hague Convention) must also—

(a)confirm that the judgment—

(i)meets the condition in Article 4(3) of the 2019 Hague Convention;

(ii)meets at least one condition in Article 5 or 6 of the 2019 Hague Convention; and

(iii)otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention; and

(b)include any other evidence required by Article 12 of the 2019 Hague Convention.]

Textual Amendments

F13Rule 74.4(6) substituted for rule 74.4(5A) (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(4)(a) (with rule 2)

F14Rule 74.4(7) inserted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(4)(b) (with rule 2)

Procedure for enforcing judgments under the Judgments RegulationE+W

F1574.4A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Security for costsE+W

74.5—(1) Subject to paragraphs (2) and (3), section II of Part 25 applies to an application for security for the costs of—

(a)the application for registration; [F16and]

(b)any proceedings brought to set aside the registration[F17, ]

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as if the judgment creditor were a claimant.

(2) A judgment creditor making an application under the 1982 Act F20... may not be required to give security solely on the ground that he is resident out of the jurisdiction.

(3) Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.

Textual Amendments

F16Word in rule 74.5(1)(a) inserted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(5)(a) (with rule 2)

F17Rule 74.5(1)(b): comma substituted for word (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(5)(b) (with rule 2)

F18Rule 74.5(1)(c) omitted (coming into force in accordance with rule 1(1) of the amending S.I.) by virtue of The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(5)(c) (with rule 2)

Registration ordersE+W

74.6—(1) An order granting permission to register a judgment (“registration order”) must be drawn up by the judgment creditor and served on the judgment debtor—

(a)by delivering it to [F21the judgment debtor] personally;

[F22(b)by any of the methods of service permitted under the Companies Act 2006; or]

(c)in such other manner as the court may direct.

(2) Permission is not required to serve a registration order out of the jurisdiction, and rules [F236.40, 6.42, 6.43 and 6.46] apply to such an order as they apply to a claim form.

(3) A registration order must state—

(a)full particulars of the judgment registered;

(b)the name of the judgment creditor and his address for service within the jurisdiction;

[F24(c)the right of the judgment debtor in the case of registration following an application under the 1920 Act, the 1933 Act or the 1982 Act, to apply to have the registration set aside;]

(d)the period within which such an application F25... may be made; and

(e)that no measures of enforcement will be taken before the end of that period, other than measures ordered by the court to preserve the property of the judgment debtor.

Textual Amendments

F24Rule 74.6(3)(c) substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(6)(a) (with rule 2)

F25Words in rule 74.6(3)(d) omitted (coming into force in accordance with rule 1(1) of the amending S.I.) by virtue of The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(6)(b) (with rule 2)

Applications to set aside [F26a registration order or decision] E+W

74.7—[F27(1) An application to set aside a decision on a registration application under the 1920 Act, the 1933 Act or the 1982 Act must be made within the period set out in the registration order or decision.]

(2) The court may extend that period; but an application for such an extension must be made before the end of the period as originally fixed or as subsequently extended.

(3) The court hearing the application may order any issue between the judgment creditor and the judgment debtor to be tried.

Textual Amendments

F26Words in rule 74.7 heading substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(7)(a) (with rule 2)

F27Rule 74.7(1) substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(7)(b) (with rule 2)

Refusal of recognition or enforcement under the Judgments RegulationE+W

F2874.7A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Relief against enforcement under the Judgments RegulationE+W

F2974.7B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension of proceedings in which a judgment is invoked under the Judgments RegulationE+W

F3074.7C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

AppealsE+W

F3174.8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Rule 74.8 omitted (coming into force in accordance with rule 1(1) of the amending S.I.) by virtue of The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(8) (with rule 2)

[F32EnforcementE+W

74.9—F33(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F34No] steps may be taken to enforce the judgment—

(a)before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or

(b)where there is an application under rule 74.7 F35..., until the application F36... has been determined.

(3) Any party wishing to enforce a judgment F37... must file evidence of the service on the judgment debtor of—

(a)the registration order; and

(b)any other relevant order of the court.

(4) Nothing in this rule prevents the court from making orders to preserve the property of the judgment debtor pending final determination of any issue relating to the enforcement of the judgment.]

Textual Amendments

F35Words in rule 74.9(2)(b) omitted (coming into force in accordance with rule 1(1) of the amending S.I.) by virtue of The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(9)(a) (with rule 2)

F36Words in rule 74.9(2)(b) omitted (coming into force in accordance with rule 1(1) of the amending S.I.) by virtue of The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(9)(b) (with rule 2)

[F38RecognitionE+W

74.10—(1) Registration of a judgment on an application made under section 4B or 4C of the 1982 Act serves as a decision that the judgment is recognised for the purposes of the 2005 Hague Convention or the 2019 Hague Convention, respectively.

(2) An application for registration of a judgment made under section 4B or 4C of the 1982 Act for the purposes of recognition is governed by the same rules as an application for registration of a judgment for the purposes of recognition and enforcement, except that rule 74.4(5)(a) and (c) do not apply.]

Textual Amendments

F38Rule 74.10 substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(10) (with rule 2)

Authentic instruments and court settlementsE+W

[F3974.11  The rules governing the registration of judgments under the 1982 Act F40... apply as appropriate and with any necessary modifications for the enforcement [F41of court settlements which are subject to article 12 of the 2005 Hague Convention] [F42or article 11 of the 2019 Hague Convention].]

Textual Amendments

F42Words in rule 74.11 inserted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(11) (with rule 2)

Adaptation of certain orders in foreign judgments subject to the Judgments RegulationE+W

F4374.11A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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