xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

[F1PART 74E+WENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

Textual Amendments

Modifications etc. (not altering text)

Contents of this part

Scope of this Part and interpretationRule 74. 1

I

ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS

InterpretationRule 74.2
Applications for registrationRule 74.3
[F2Enforcement under the Judgments Regulation 74.3A]
Evidence in supportRule 74.4
[F3Procedure for enforcing judgments under the Judgments Regulation 74.4A]
Security for costsRule 74.5
Registration ordersRule 74.6
Applications to set aside registrationRule 74.7
[F4Refusal of recognition or enforcement under the Judgments Regulation 74.7A
Relief against enforcement under the Judgments Regulation74.7B
Suspension of proceedings in which a judgment is invoked under the Judgments Regulation74.7C]
AppealsRule 74.8
EnforcementRule 74.9
RecognitionRule 74.10
Authentic instruments and court settlementsRule 74.11
[F5Adaptation of certain orders in foreign judgments subject to the Judgments Regulation 74.11A]

Textual Amendments

F2Words in Pt. 74 Table of Contents inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(2)(i) (with rule 6)

F3Words in Pt. 74 Table of Contents inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(2)(ii) (with rule 6)

F4Words in Pt. 74 Table of Contents inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(2)(iii) (with rule 6)

F5Words in Pt. 74 Table of Contents inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 5(2)(iv) (with rule 6)

II

ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND [F6THE COUNTY COURT]

Application for a certified copy of a judgmentRule 74.12
Evidence in supportRule 74.13

Textual Amendments

F6Words in Pt. 74 Table of Contents substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(a) (with rule 41)

III

ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM

InterpretationRule 74.14
Registration of money judgments in the High CourtRule 74.15
Registration of non-money judgments in the High CourtRule 74.16
Certificates of High Court and [F7County Court] money judgmentsRule 74.17
Certified copies of High Court and [F7County Court] non-money judgmentsRule 74.18

Textual Amendments

IV

ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS

InterpretationRule 74.19
Application for registration of a Community judgmentRule 74.20
Evidence in supportRule 74.21
Registration ordersRule 74.22
Application to vary or cancel registrationRule 74.23
EnforcementRule 74.24
Application for registration of suspension orderRule 74.25
Registration and enforcement of a Euratom inspection orderRule 74.26

Scope of this Part and interpretationE+W

74.1—(1) Section I of this Part applies to the enforcement in England and Wales of judgments of foreign courts.

(2) Section II applies to the enforcement in foreign countries of judgments of the High Court and of [F8the County Court] .

(3) Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom.

(4) Section IV applies to the enforcement in England and Wales of European Community judgments and Euratom inspection orders.

[F9(4A) Section V applies to—

(a)the certification of judgments and court settlements in England and Wales as European Enforcement Orders; and

(b)the enforcement in England and Wales of judgments, court settlements and authentic instruments certified as European Enforcement Orders by other Member States.]

(5) In this Part—

(a)“the 1920 Act” means the Administration of Justice Act 1920(1);

(b)“the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 1933(2);

(c)“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(3);

[F10(d)“the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied pursuant to the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

(For application of the recast Judgments Regulation to Denmark, see also the Official Journal of the European Union at OJ L79, 21.3.2013. p.4)]

[F11(e)“the EEO Regulation” means Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims.]

[F12(f)“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007.]

F13...

Textual Amendments

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

InterpretationE+W

74.2—(1) In this Section—

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

[F14(b) “Regulation State” means a Member State;]

(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 [F15or 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[F16;]

[F17(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.]

(2) For the purposes of this Section, “domicile” is to be determined—

(a)in an application under the 1982 Act [F18or the Lugano Convention], in accordance with sections 41 to 46 that Act;

(b)in an application under the Judgments Regulation, in accordance with paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001(4).

Textual Amendments

F16Rule 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;

(c)section 4 of the 1982 Act; and

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

[F20[F21(d)]the Lugano Convention,]

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

[F22Enforcement under the Judgments RegulationE+W

74.3A.—(1) This Section also provides rules about—

(a)the enforcement of foreign judgments in England and Wales under the Judgments Regulation; and

(b)applications for the refusal of recognition and enforcement under the Judgments Regulation.]

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(5) 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.

[F23(6) An application for registration under F24... the Lugano Convention must, in addition to the evidence required by F25... that Convention, be supported by the evidence required by paragraphs (1)(b) and (2)(e) of this rule.]

Textual Amendments

[F26Procedure for enforcing judgments under the Judgments RegulationE+W

74.4A.  A person seeking the enforcement of a judgment which is enforceable under the Judgments Regulation must, except in a case falling within article 43(3) of the Regulation (protective measures), provide the documents required by article 42 of the Regulation.]

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;

(b)any proceedings brought to set aside the registration; F27...

(c)any appeal against the granting of the registration [F28; and]

[F29(d)any application relating to the recognition or enforcement of a judgment pursuant to the Judgments Regulation]

as if the judgment creditor were a claimant.

(2) A judgment creditor making an application under the 1982 Act or [F30, the Lugano Convention,] the Judgments Regulation 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

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 [F31the judgment debtor] personally;

[F32(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 [F336.40, 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;

(c)the right of the judgment debtor—

(i)in the case of registration following an application under the 1920 or the 1933 Act, to apply to have the registration set aside;

(ii)in the case of registration following an application under the 1982 Act [F34, the Lugano Convention, ] F35... to appeal against the registration order;

(d)the period within which such an application or appeal 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

Applications to set aside registrationE+W

74.7—(1) An application to set aside registration under the 1920 or the 1933 Act must be made within the period set out in the registration order.

(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.

[F36Refusal of recognition or enforcement under the Judgments RegulationE+W

74.7A.—(1) An application under article 45 or 46 of the Judgments Regulation that the court should refuse to recognise or enforce a judgment must be made—

(a)in accordance with Part 23; and

(b)to the court in which the judgment is being enforced or, if the judgment debtor is not aware of any proceedings relating to enforcement, the High Court.

(2) An appeal against a decision granting or refusing an application for refusal of recognition or enforcement of a judgment under the Judgments Regulation must be made in accordance with Part 52, subject to the following provisions of this rule.

(3) Permission is not required to—

(a)appeal; or

(b)put in evidence.

(4) Unless the court orders otherwise, the judgment debtor must, as soon as practicable, serve copies of any order made under article 45 or 46 or in any appeal under article 49 on—

(a)all other parties to the proceedings and any other person affected by the order;

(b)any court in which proceedings relating to enforcement of the judgment are pending in England and Wales; and

(c)any enforcement agent or enforcement officer (as defined in rule 83.1(2)) instructed by the judgment creditor,

and any such order will not have effect on any person until it has been served.

(5) The court may require the judgment creditor to disclose to the judgment debtor the court or courts in which any proceedings relating to enforcement of the judgment are pending in England and Wales.

Textual Amendments

Relief against enforcement under the Judgments RegulationE+W

74.7B.—(1) An application for relief under article 44 of the Judgments Regulation must be made—

(a)in accordance with Part 23; and

(b)to the court in which the judgment is being enforced or, if the judgment debtor is not aware of any proceedings relating to enforcement, the High Court.

(2) The judgment debtor must, as soon as practicable, serve copies of any order made under article 44 on—

(a)all other parties to the proceedings and any other person affected by the order;

(b)any court in which proceedings relating to enforcement of the judgment are pending in England and Wales; and

(c)any enforcement agent or enforcement officer (as defined in rule 83.1(2)) instructed by the judgment creditor,

and any such order will not have effect on any person until it has been served.

Textual Amendments

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

74.7C.—(1) The court may suspend proceedings under article 38 of the Judgments Regulation either on its own initiative or on the application of any party.

(2) An application for suspension of proceedings under article 38 of the Judgments Regulation must be made—

(a)in accordance with Part 23; and

(b)to the court in which the judgment is invoked.

(3) The judgment debtor must, as soon as practicable, serve copies of any order made under article 38 on—

(a)all other parties to the proceedings and any other person affected by the order;

(b)any court in which proceedings relating to enforcement of the judgment are pending in England and Wales; and

(c)any enforcement agent or enforcement officer (as defined in rule 83.1(2)) instructed by the judgment creditor,

and any such order will not have effect on any person until it has been served.]

Textual Amendments

AppealsE+W

74.8—(1) An appeal against the granting or the refusal of registration under the 1982 Act or the [F37Lugano Convention] F38... must be made in accordance with Part 52, subject to the following provisions of this rule.

(2) Permission is not required—

(a)to appeal; or

(b)to put in evidence.

(3) If—

(a)the judgment debtor is not domiciled within a Contracting State F39..., and

(b)an application to extend the time for appealing is made within two months of service of the registration order,

the court may extend the period for filing an appellant’s notice against the order granting registration, but not on grounds of distance.

(4) The appellant’s notice must be served—

(a)where the appeal is against the granting of registration, within—

(i)one month; or

(ii)where service is to be effected on a party not domiciled within the jurisdiction, two months, of service of the registration order;

(b)where the appeal is against the refusal of registration, within one month of the decision on the application for registration.

Textual Amendments

[F40EnforcementE+W

74.9—(1) In relation to enforcement of a judgment to which the Judgments Regulation applies, the judgment creditor must comply with article 43 of the Regulation.

(2) In relation to a judgment to which the Judgments Regulation does not apply, no 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 or an appeal under rule 74.3, until the application or appeal has been determined.

(3) Any party wishing to enforce a judgment to which the Judgments Regulation does not apply 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

RecognitionE+W

[F4174.10—(1) Registration of a judgment serves as a decision that the judgment is recognised for the purposes of the 1982 Act [F42and] the Lugano Convention F43....

(2) An application for recognition of a judgment is governed by the same rules as an application for registration of a judgment under the 1982 Act [F44and] the Lugano Convention F43..., except that rule 74.4(5)(a) and (c) does not apply.]

Textual Amendments

Authentic instruments and court settlementsE+W

[F4574.11  The rules governing the registration of judgments under the 1982 Act [F46and] the Lugano Convention [F47and applications for the refusal of recognition or enforcement or suspension of any judgments under] the Judgments Regulation apply as appropriate and with any necessary modifications for the enforcement of—

(a)authentic instruments which are subject to—

(i)article 50 of Schedule 3C to the 1982 Act;

(ii)article 57 of the Lugano Convention; and

(iii)[F48article 58] of the Judgments Regulation; and

(b)court settlements which are subject to—

(i)article 51 of Schedule 1 to the 1982 Act;

(ii)article 58 of the Lugano Convention; and

(iii)[F49articles 59 and 60] of the Judgments Regulation.]

Textual Amendments

[F50Adaptation of certain orders in foreign judgments subject to the Judgments RegulationE+W

74.11A.—(1) In this rule, an “adaptation order” means an order for the adaptation of a legal remedy which is contained in a foreign judgment but is unknown under the law of England and Wales pursuant to article 54 of the Judgments Regulation.

(2) The court may make an adaptation order on its own initiative or on an application by any party.

(3) In accordance with article 54(1) of the Judgments Regulation, an adaptation order may only result in a remedy whose legal effects are equivalent to those contained in the judgment and which does not produce such effects extending beyond those provided for under the law of England and Wales.

(4) An application for an adaptation order or a challenge under article 54(2) of the Judgments Regulation to the adaptation of any measure without an adaptation order must be made—

(a)to the High Court; and

(b)in accordance with Part 23.]

Textual Amendments

II: ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND [F51THE COUNTY COURT] E+W

Textual Amendments

Application for a certified copy of a judgmentE+W

74.12—(1) This Section applies to applications—

(a)to the High Court under section 10 of the 1920 Act;

(b)to the High Court or to [F52the County Court] under section 10 of the 1933 Act;

(c)to the High Court or to [F52the County Court] under section 12 of the 1982 Act; or

(d)to the High Court or to [F52the County Court] under [F53article 53] of the Judgments Regulation [F54or under article 54 of the Lugano Convention].

[F55(2) A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in the County Court—

(a)must apply for a certified copy of the judgment; and

(b)if applying under article 53 of the Judgments Regulation, must apply to the court which gave the judgment by filing a draft of the certificate in the form in Annex I to the Judgments Regulation.]

(3) The application may be made without notice.

Textual Amendments

Evidence in supportE+W

74.13—(1) The application must be supported by written evidence exhibiting copies of—

(a)the claim form in the proceedings in which judgment was given;

(b)evidence that it was served on the defendant;

(c)the statements of case; and

(d)where relevant, a document showing that for those proceedings the applicant was [F56a person to whom legal aid, as defined in rule 44.1, was provided].

(2) The written evidence must—

(a)identify the grounds on which the judgment was obtained;

(b)state whether the defendant objected to the jurisdiction and, if he did, the grounds of his objection;

(c)show that the judgment—

(i)has been served in accordance with Part 6 and rule 40.4, and

(ii)is not subject to a stay of execution;

(d)state—

(i)the date on which the time for appealing expired or will expire;

(ii)whether an appeal notice has been filed;

(iii)the status of any application for permission to appeal; and

(iv)whether an appeal is pending;

(e)state whether the judgment provides for the payment of a sum of money, and if so, the amount in respect of which it remains unsatisfied;

(f)state whether interest is recoverable on the judgment, and if so, either—

(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.

Textual Amendments

III: ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOME+W

InterpretationE+W

74.14  In this Section—

(a)“money provision” means a provision for the payment of one or more sums of money in a judgment whose enforcement is governed by section 18 of, and Schedule 6 to, the 1982 Act; and

(b)“non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money in a judgment whose enforcement is governed by section 18 of, and Schedule 7 to, the 1982 Act.

Registration of money judgments in the High CourtE+W

74.15—(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 6 to the 1982 Act for the registration of a certificate for the enforcement of the money provisions of a judgment—

(a)which has been given by a court in another part of the United Kingdom, and

(b)to which section 18 of that Act applies.

(2) The certificate must within six months of the date of its issue be filed in the Central Office of the [F57Senior Courts], together with a copy certified by written evidence to be a true copy.

Textual Amendments

Registration of non-money judgments in the High CourtE+W

74.16—(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 7 to the 1982 Act for the registration for enforcement of the non-money provisions of a judgment—

(a)which has been given by a court in another part of the United Kingdom, and

(b)to which section 18 of that Act applies.

(2) An application under paragraph (1) may be made without notice.

(3) An application under paragraph (1) must be accompanied—

(a)by a certified copy of the judgment issued under Schedule 7 to the 1982 Act; and

(b)by a certificate, issued not more than six months before the date of the application, stating that the conditions set out in paragraph 3 of Schedule 7 are satisfied in relation to the judgment.

(4) Rule 74.6 applies to judgments registered under Schedule 7 to the 1982 Act as it applies to judgments registered under section 4 of that Act.

(5) Rule 74.7 applies to applications to set aside the registration of a judgment under paragraph 9 of Schedule 7 to the 1982 Act as it applies to applications to set aside registrations under the 1920 and 1933 Acts.

Certificates of High Court and [F7County Court] money judgmentsE+W

74.17—(1) This rule applies to applications under paragraph 2 of Schedule 6 to the 1982 Act for a certificate to enable the money provisions of a judgment of the High Court or of [F52the County Court] to be enforced in another part of the United Kingdom.

(2) The judgment creditor may apply for a certificate by filing at the court where the judgment was given or has been entered written evidence stating—

(a)the name and address of the judgment creditor and, if known, of the judgment debtor;

(b)the sums payable and unsatisfied under the money provisions of the judgment;

(c)where interest is recoverable on the judgment, either—

(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;

(d)that the judgment is not stayed;

(e)the date on which the time for appealing expired or will expire;

(f)whether an appeal notice has been filed;

(g)the status of any application for permission to appeal; and

(h)whether an appeal is pending.

Textual Amendments

Certified copies of High Court and [F7County Court] non-money judgmentsE+W

74.18—(1) This rule applies to applications under paragraph 2 of Schedule 7 to the 1982 Act for a certified copy of a judgment of the High Court or of [F52the County Court] to which section 18 of the Act applies and which contains non-money provisions for enforcement in another part of the United Kingdom.

(2) An application under paragraph (1) may be made without notice.

(3) The applicant may apply for a certified copy of a judgment by filing at the court where the judgment was given or has been entered written evidence stating—

(a)full particulars of the judgment;

(b)the name and address of the judgment creditor and, if known, of the judgment debtor;

(c)that the judgment is not stayed;

(d)the date on which the time for appealing expired or will expire;

(e)whether an appeal notice has been filed;

(f)the status of any application for permission to appeal; and

(g)whether an appeal is pending.

Textual Amendments

IV: ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTSE+W

InterpretationE+W

74.19  In this Section—

(a)“Community judgment” means any judgment, decision or order which is enforceable under—

(i)[F58article 280 or 299 of the Treaty on the Functioning of the European Union];

(ii)article 18 F59... or 164 of the Euratom Treaty;

F60(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)article [F6186 of Council Regulation (EC) 207/2009 of 26 February 2009] on the Community trade mark; F62[F63...

[F64(v)article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;

(vi)article 36a or 36b of Regulation (EC) 1060/2009 on credit rating agencies; or

(vii)article 65 or 66 of Regulation (EU) 648/2012 on OTC derivatives, central counterparties and trade repositories;]

(v)article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;]

(b)“Euratom inspection order” means an order made by the President of the European Court, or a decision of the Commission of the European [F65Union], under article 81 of the Euratom Treaty;

(c)“European Court” means the Court of Justice of the European [F66Union];

(d)“order for enforcement” means an order under the authority of the Secretary of State that the Community judgment to which it is appended is to be registered for enforcement in the United Kingdom.

Textual Amendments

Application for registration of a Community judgmentE+W

74.20  An application to the High Court for the registration of a Community judgment may be made without notice.

Evidence in supportE+W

74.21—(1) An application for registration must be supported by written evidence exhibiting—

(a)the Community judgment and the order for its enforcement, or an authenticated copy; 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) Where the application is for registration of a Community judgment which is a money judgment, the evidence 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 amount in respect of which the judgment is unsatisfied; and

(d)that the European Court has not suspended enforcement of the judgment.

Registration ordersE+W

74.22—(1) A copy of the order granting permission to register a Community judgment (“the registration order”) must be served on every person against whom the judgment was given.

(2) The registration order must state the name and address for service of the person who applied for registration, and must exhibit—

(a)a copy of the registered Community judgment; and

(b)a copy of the order for its enforcement.

(3) In the case of a Community judgment which is a money judgment, the registration order must also state the right of the judgment debtor to apply within 28 days for the variation or cancellation of the registration under rule 74.23.

Application to vary or cancel registrationE+W

74.23—(1) An application to vary or cancel the registration of a Community judgment which is a money judgment on the ground that at the date of registration the judgment had been partly or wholly satisfied must be made within 28 days of the date on which the registration order was served on the judgment debtor.

(2) The application must be supported by written evidence.

EnforcementE+W

74.24  No steps may be taken to enforce a Community judgment which is a money judgment—

(a)before the end of the period specified in accordance with rule 74.23(1); or

(b)where an application is made under that rule, until it has been determined.

Application for registration of suspension orderE+W

74.25—(1) Where the European Court has made an order that the enforcement of a registered Community judgment should be suspended, an application for the registration of that order in the High Court is made by filing a copy of the order in the Central Office of the [F67Senior Courts].

(2) The application may be made without notice.

Textual Amendments

Registration and enforcement of a Euratom inspection orderE+W

74.26—(1) Rules 74.20, 74.21(1), and 74.22(1) and (2), which apply to the registration of a Community judgment, also apply to the registration of a Euratom inspection order but with the necessary modifications.

(2) An application under article 6 of the European Communities (Enforcement of Community Judgments) Order 1972(6) to give effect to a Euratom inspection order may be made on written evidence, and—

(a)where the matter is urgent, without notice;

(b)otherwise, by claim form.]

[F68V EUROPEAN ENFORCEMENT ORDERSE+W

Textual Amendments

InterpretationE+W

74.27  In this Section—

(a)“European Enforcement Order” has the meaning given in the EEO Regulation;

(b)“EEO” means European Enforcement Order;

(c)“judgment”, “authentic instrument”, “member state of origin”, “member state of enforcement”, and “court of origin” have the meanings given by Article 4 of the EEO Regulation; and

(d)“Regulation State” has the same meaning as “Member State” in the EEO Regulation, that is all Member States except Denmark.

Certification of Judgments of the Courts of England and WalesE+W

74.28  An application for an EEO certificate must be made by filing the relevant practice form in accordance with Article 6 of the EEO Regulation.

Applications for a certificate of lack or limitation of enforceabilityE+W

74.29  An application under Article 6(2) of the EEO Regulation for a certificate indicating the lack or limitation of enforceability of an EEO certificate must be made to the court of origin by application in accordance with Part 23.

Applications for rectification or withdrawalE+W

74.30  An application under Article 10 of the EEO Regulation for rectification or withdrawal of an EEO certificate must be made to the court of origin and may be made by application in accordance with Part 23.

Enforcement of European Enforcement Orders in England and WalesE+W

74.31—(1) A person seeking to enforce an EEO in England and Wales must lodge at the court in which enforcement proceedings are to be brought the documents required by Article 20 of the EEO Regulation.

[F69(2) Where a person applies to enforce an EEO expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the judgment sum at the close of business on the date nearest preceding the date of the application

(Part 70 contains further rules about enforcement.)]

Textual Amendments

Refusal of EnforcementE+W

74.32—(1) An application under Article 21 of the EEO Regulation that the court should refuse to enforce an EEO must be made by application in accordance with Part 23 to the court in which the EEO is being enforced.

(2) The judgment debtor must, as soon as practicable, serve copies of any order made under Article 21(1) on—

(a)all other parties to the proceedings and any other person affected by the order [F70(“the affected persons”)]; and

(b)any court in which enforcement proceedings are pending in England and Wales [F71(“the relevant courts”)].

[F72(3) Upon service of the order on the affected persons, all enforcement proceedings under the EEO in the relevant courts will cease.]

Textual Amendments

[F73Stay of or limitation on enforcement]E+W

74.33—(1) Where an EEO certificate has been lodged and the judgment debtor applies to stay or limit the enforcement proceedings under Article 23 of the EEO Regulation, such application must be made F74... in accordance with Part 23 to the court in which the EEO is being enforced.

(2) The judgment debtor shall, as soon as practicable, serve a copy of any order made under the Article on—

(a)all other parties to the proceedings and any other person affected by the order; and

(b)any court in which enforcement proceedings are pending in England and Wales;

and the order will not have effect on any person until it has been served in accordance with this rule and they have received it.]

Textual Amendments

(2)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(3)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.