C1F1PART 74ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
I: ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS
Interpretation74.2
1
In this Section—
a
“Contracting State” has the meaning given in section 1(3) of the 1982 Act;
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F7or 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 givenF8;
F6e
“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.
F122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applications for registration74.3
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;
F29d
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.
Enforcement under the Judgments RegulationF1574.3A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence in support74.4
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 198020 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.
F306
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.
F317
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.
Procedure for enforcing judgments under the Judgments RegulationF1674.4A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Security for costs74.5
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; F34and
b
any proceedings brought to set aside the registrationF32,
F33c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as if the judgment creditor were a claimant.
2
A judgment creditor making an application under the 1982 ActF18... 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.
Registration orders74.6
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 F2the judgment debtor personally;
F4b
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 F36.40, 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;
F35c
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 F36... 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.
Applications to set aside F43a registration order or decision74.7
F371
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.
Refusal of recognition or enforcement under the Judgments RegulationF1974.7A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relief against enforcement under the Judgments RegulationF2074.7B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension of proceedings in which a judgment is invoked under the Judgments RegulationF2174.7C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AppealsF3874.8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9Enforcement74.9
F221
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F23No 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
3
Any party wishing to enforce a judgment F24... 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.
F41Recognition74.10
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.
Authentic instruments and court settlementsF574.11
Adaptation of certain orders in foreign judgments subject to the Judgments RegulationF2774.11A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8