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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Application for certificate of money provision

Rule 5—(1) A certificate in respect of any money provision contained in a judgment of the county court may be obtained by filing a witness statement or affidavit made by the solicitor of the party entitled to enforce the judgment, or by the party himself if he is acting in person, together with a form of certificate.

(2) A witness statement or affidavit by which an application under paragraph (1) is made must—

(a)give particulars of the judgment, stating the rate of payment, if any, specified under the money provisions contained in the judgment, the sum or aggregate of sums (including any costs or expenses) remaining unsatisfied, the rate of interest, if any, applicable and the date or time from which any such interest began to accrue;

(b)verify that the time for appealing against the judgment or for applying for a re-hearing has expired, or that any appeal or re-hearing has been finally disposed of and that enforcement of the judgment is not stayed or suspended; and

(c)state to the best of the information or belief of the witness the usual or last known address of the party entitled to enforce the judgment and of the party liable to execution on it.

(3) The court officer shall enter on the certificate—

(a)the number of the proceedings;

(b)the amount remaining due under the judgment;

(c)the rate of interest payable on the judgment debt, and the date or time from which any such interest began to accrue;

(d)a note of the costs, if any, allowed for obtaining the certificate; and

(e)the date on which the certificate is issued.

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