The Civil Procedure (Amendment No. 5) Rules 2001

Amendments to the Civil Procedure Rules 1998

41.  In CCR Order 35—

(a) in rule 3, in paragraph (2)(b), for the words from “any document” to the end, substitute—

“any document showing that for these proceedings the applicant is an assisted person or an LSC funded client, as defined in CPR rule 43.2(1)(h) and (i);”; and

(b) after rule 3, insert—

“Application under Article 54 of the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

3A.— (1) An application to the court by an interested party for a certificate under Article 54 of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be made—

(a) without notice being served on any other party; and

(b) on witness statement or affidavit.

(2) A witness statement or affidavit under paragraph (1)(b) must—

(a) give particulars of the proceedings in which the judgment was obtained;

(b) contain evidence of service of the claim form by which the proceedings were begun where judgment was given in default of appearance by the defendant; and

(c) where appropriate, include any document showing that for these proceedings the applicant is an assisted person or an LSC funded client, as defined in CPR rule 43.2(1)(h) and (i).

(3) A sealed copy of the judgment shall be issued together with a sealed certificate, in the form of Annex V to the Council Regulation, signed by the district judge.”.