1. The powers conferred on the High Court by Part II of the Administration of Justice Act 1920(1) (in this part of this Order referred to as the “Act of 1920”) or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933(2) (in this part of this Order referred to as the “Act of 1933”) may be exercised by a judge in chambers and a master.
[E.r. 1]
2.—(1) An application—
(a)under section 9 of the Act of 1920, in respect of a judgment obtained in a superior court in any part of Her Majesty's dominions or other territory to which Part II of that Act applies, or
(b)under section 2 of the Act of 1933, in respect of a judgment to which Part I of that Act applies,
to have the judgment registered in the High Court may be made ex parte, but the Court hearing the application may direct a summons to be issued:
(2) If the Court directs a summons to be issued, the summons shall be an originating summons.
(3) No appearance need be entered to an originating summons under this rule.
[E.r. 2]
3.—(1) An application for registration must be supported by an affidavit—
(a)exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof and, where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;
(b)stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;
(c)stating to the best of the information or belief of the deponent—
(i)that the judgment creditor is entitled to enforce the judgment;
(ii)as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;
(iii)where the application is made under the Act of 1920, that the judgment does not fall within any of the cases in which a judgment may not be ordered to be registered under section 9 of that Act;
(iv)where the application is made under the Act of 1933; that at the date of the application the judgment can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 4 of that Act;
(d)specifying, where the application is made under the Act of 1933, the amount of interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration;
(e)verifying that the judgment to which section 5 of the Protection of Trading Interests Act 1980(3) applies.
(2) Where a judgment sought to be registered under the Act of 1933 is in respect of different matters, and some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit must state the provisions in respect of which it is sought to register the judgment.
(3) In the case of an application under the Act of 1933, the affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending that Act to that country.
[E.r. 3]
4. Save as otherwise provided by any relevant Order in Council, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration.
[E.r. 4]
5.—(1) Except where the order giving leave to register a judgment is made on summons, no such order need be served on the judgment debtor.
(2) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that the judgment will not be enforced until after the expiration of that period.
(3) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.
[E.r. 5]
6. There shall be kept in the Central Office under the direction of the Master (Queen's Bench and Appeals) a register of the judgments ordered to be registered under the Act of 1920 and a register of the judgments ordered to be registered under the Act of 1933.
[E.r. 6]
7.—(1) Notice of the registration of a judgment must be served on the judgment debtor by delivering it to him personally or by sending it to him at his usual or last known place of abode or business or in such other manner as the Court may direct.
(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11; rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to notice of a writ.
(3) The notice of registration must state—
(a)full particulars of the judgment registered and the order for registration,
(b)the name and address of the judgment creditor or of his solicitor or agent on whom, and at which, any summons issued by the judgment debtor may be served,
(c)the right of the judgment debtor to apply to have the registration set aside, and
(d)the period within which an, application to set aside the registration may be made.
[E.r. 7]
8.—(1) An application to set aside the registration of a judgment must be made by summons supported by affidavit.
(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.
(3) Where the Court hearing an application to set aside the registration of a judgment registered under the Act of 1920 is satisfied that the judgment falls within any of the cases in which a judgment may not be ordered to be registered under section 9 of that Act or that it is not just or convenient that the judgment should be enforced in Northern Ireland or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit.
[E.r. 9]
9. If, in any case under the Act of 1933, any question arises, whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order in Council extending Part I of that Act to that country.
[E.r. 11]
10. The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Act of 1933, have effect subject to any such provisions contained in the Order in Council extending Part 1 of that Act to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Her Majesty and that country in relation to matters with respect to which there is power to make those rules.
[E.r. 12]
11.—(1) An application under section 10 of the Act of 1920 or section 10 of the Act of 1933 for a certified copy of a judgment entered in the High Court must be made ex parte on affidavit to a master.
(2) An affidavit by which an application under section 10 of the Act of 1920 is made must give particulars of the judgment, show that the judgment debtor is resident in some (stating which) part of Her Majesty's dominions or other territory to which Part II of that Act extends and state the name, trade or business and the usual or last known place of abode of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.
(3) An affidavit by which an application under section 10 of the Act of 1933 is made must—
(a)give particulars of the proceedings in which the judgment was obtained;
(b)have annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;
(c)state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d)show that the judgment is not subject to any stay of enforcement;
(e)state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been entered; and
(f)state the rate at which the judgment carries interest.
(4) The certified copy of the judgment shall be an office copy sealed with the seal of the Supreme Court and indorsed, with a certificate signed by a master certifying that the copy is a true copy of a judgment obtained in the High Court in Northern Ireland and that it is issued in accordance with section 10 of the Act of 1920 or section 10 of the Act of 1933, as the case maybe.
(5) Where the application is made under section 10 of the Act of 1933 there shall also be issued a certificate (signed by a master and sealed with the seal of the Supreme Court) having annexed to it a copy of the writ originating summons or other process by which the proceedings were begun, and stating—
(a)the manner in which the writ or such summons or other process was served on the defendant or that the defendant appeared thereto;
(b)what objections, if any, were made to the jurisdiction,
(c)what pleadings, if any, were served,
(d)the grounds on which the judgment was based,
(e)that the time for appealing has expired or, as the case may be, the date on which it will expire,
(f)whether notice of appeal against the judgment has been entered, and
(g)such other particulars as it may be necessary to give to the court in the foreign country in which it is sought to obtain enforcement of the judgment,
and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest.
[E.r. 13]
12.—(1) An application for registration in the High Court under section 1 of the Judgments Extension Act 1868(4) of a certificate of a judgment of the High Court of Justice in England, or under section 3 of that Act of a certificate of an extracted decreet of the Court of Session, may be made by producing at the Central Office a certificate in the appropriate form prescribed by that Act together with a copy thereof certified by the applicant's solicitor to be a true copy.
(2) Such certificate must be filed in the Central Office and the certified copy thereof, sealed with the seal of the Supreme Court, shall be returned to the applicant's solicitor.
(3) Where by virtue of the said section 1 or the said section 3 the leave of the High Court is required for the registration of a certificate of such a judgment or discreet by reason of the fact that more than 12 months have elapsed since the date of the judgment or decreet, the application for such leave may be made to a master ex parte by affidavit stating the reason for the delay and showing that enforcement of the judgment in Northern Ireland is likely to be effective.
(4) A certificate of a judgment of the High Court which is to be registered under the Judgments Extension Act 1868 may be obtained by producing a certificate in the appropriate form at the office in which the judgment is entered, together with an affidavit made by the solicitor of the party entitled to enforce the judgment giving particulars of the judgment and stating to the best of the information or belief of the deponent the occupation or description and the usual or last known place of abode of the party entitled to enforce the judgment and of the party liable to execution on it.
[E.r. 14]
13. In this Part of this Order, “the Order in Council” means the European Communities (Enforcement of Community Judgments) Order 1972(5), and expressions used in the Order in Council shall, unless the context otherwise requires, have the same meanings as in that Order.
[E.r. 15]
14. The functions assigned to the High Court by the Order in Council may be exercised by a judge in chambers or a master.
[E.r. 16]
15. An application for the registration in the High Court of a Community judgment or Euratom inspection order may be made ex parte.
[E.r. 17]
16.—(1) An application for registration must be supported by affidavit exhibiting—
(a)the Community judgment and the order for its enforcement or, as the case may be, the Euratom inspection order or, in either case, a duly authenticated copy thereof, and
(b)where the Community judgment or Euratom inspection order is not in the English language, a translation into English certified by a notary public or authenticated by, affidavit.
(2) Where the application is for registration of a Community judgment under which a sum of money is payable, the affidavit shall also state—
(a)the name and occupation and the usual or last known place of abode or business of the judgment debtor, so far as known to the deponent; and
(b)to the best of the deponent's information and belief that at the date of the application the European Court has not suspended enforcement of the judgment and that the judgment is unsatisfied or, as the case may be, the amount in respect of which it remains unsatisfied.
[E.r. 18]
17. There shall be kept in the Central Office a register of the, Community judgments and Euratom inspection orders registered under the Order in Council.
[E.r. 19]
18.—(1) Upon registering a Community judgment or Euratom inspection order, the proper officer of the Court shall forthwith send notice of the registration to every person against whom the judgment was given or the order was made.
(2) The notice of registration shall have annexed to it a copy of the registered Community judgment and the order for its enforcement or, as the case may be, a copy of the Euratom inspection order, and shall state the name and address of the person on whose application the judgment or order was registered or of his solicitor or agent on whom process may be served.
(3) Where the notice relates to a Community judgment under which a sum of money is payable, it shall also state that the judgment debtor may apply within 28 days of the date of the notice, or thereafter with the leave of the Court, for the variation or cancellation of the registration on the grounds that the judgment has been partly or wholly satisfied at the date of registration.
[E.r. 20]
19. An application for the variation or cancellation of the registration of a Community judgment on the ground that the judgment had been wholly or partly satisfied at the date of registration shall be made by summons supported by affidavit.
[E.r. 22]
20. An application for the registration in the High Court of an order of the European Court that enforcement of a registered Community judgment be suspended may be made ex parte by lodging a copy of the order in the Central Office.
[E.r. 23]
21. An application for an order under Article 6 of the Order in Council for the purpose of ensuring that effect is given to a Euratom inspection order may, in case of urgency, be made ex parte on affidavit but, except as aforesaid, shall be made by motion or summons.
[E.r. 24]