PRACTICE DIRECTION 74A – ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS This Practice Direction supplements Part 74
See also Part 74, Practice Direction 74B
| Title | Number |
|---|---|
| Section I | |
| ENFORCEMENT OF JUDGMENTS | |
| Meaning of ‘judgment’ | Para. 2. |
| Registers | Para. 3. |
| Making an application | Para. 4.1 |
| Applications under the 1933 Act | Para. 5. |
| Certified copies of judgments issued under rule 74.12 | Para. 7.1 |
| Certificates under section III of Part 74 | Para. 8.1 |
| Appendix |
1.
This practice direction is divided into two sections –
(1) Section I – Provisions about the enforcement of judgments
(2) Section II – The Merchant Shipping (Liner Conferences) Act 1982
Section I
ENFORCEMENT OF JUDGMENTS
Meaning of ‘judgment’
2.
In rule 74.2(1)(c), the definition of ‘judgment’ is ‘subject to any other enactment’. Such provisions include –
(1) section 9(1) of the 1920 Act, which limits enforcement under that Act to judgments of superior courts;
(2) section 1(1) of the 1933 Act, which limits enforcement under that Act to judgments of those courts specified in the relevant Order in Council;
(3) section 1(2) of the 1933 Act, which limits enforcement under that Act to money judgments.
Registers
3.
There will be kept in the Central Office of the Senior Courts at the Royal Courts of Justice, under the direction of the Senior Master –
(1) registers of foreign judgments ordered by the High Court to be enforced following applications under –
(a) section 9 of the 1920 Act;
(b) section 2 of the 1933 Act;
(c) section 4B of the 1982 Act;
(d) Omitted
(2) registers of certificates issued for the enforcement in foreign countries of High Court judgments under the 1920, 1933 and 1982 Acts, and under article 13 of the 2005 Hague Convention;
(3) a register of certificates filed in the Central Office of the High Court under rule 74.15(2) for the enforcement of money judgments given by the courts of Scotland or Northern Ireland;
(4) a register of certificates issued under rule 74.16(3) for the enforcement of non-money judgments given by the courts of Scotland or Northern Ireland;
(5) registers of certificates issued under rules 74.17 and 74.18 for the enforcement of High Court judgments in Scotland or Northern Ireland under Schedule 6 or Schedule 7 to the 1982 Act;
Making an application
4.2
An application under rule 74.12 for a certified copy of a High Court or county court judgment for enforcement abroad must be made –
(1) in the case of a judgment given in the Chancery Division or the King's Bench Division of the High Court, to a Master, Registrar or district judge;
(2) in the case of a judgment given in the Family Division of the High Court, to a district judge of that Division;
(3) in the case of a county court judgment, to a district judge.
4.3
An application under rule 74.17 or 74.18 for a certificate or a certified copy of a High Court or county court judgment for enforcement in Scotland or Northern Ireland must be made –
(1) in the case of a judgment given in the Chancery Division or the King's Bench Division of the High Court, to a Master, Registrar or district judge;
(2) in the case of a judgment given in the Family Division of the High Court, to a district judge of that Division;
(3) in the case of a county court judgment, to a district judge.
4.4
The following applications must be made under Part 23 –
(1) applications under rule 74.3 for the registration of a judgment;
(2) applications under rule 74.7 to set aside the registration of a judgment;
(3) applications under rule 74.12 for a certified copy of a judgment;
(4) applications under section III for a certificate for enforcement of a judgment;
Applications under the 1920 Act or the 1933 Act
5.
Foreign judgments are enforceable in England and Wales under the 1920 Act or the 1933 Act where there is an agreement on the reciprocal enforcement of judgments between the United Kingdom and the country in which the judgment was given. Such an agreement may contain particular provisions governing the enforcement of judgments (for example limiting the categories of judgments which are enforceable, or the courts whose judgments are enforceable). Any such specific limitations will be listed in the Order in Council giving effect in the United Kingdom to the agreement in question, and the rules in Section I of Part 74 will take effect subject to such limitations.
Rule 74.7A – Applications for refusal of recognition or enforcement under the Judgments regulation
6E
Evidence in support of an application under section 4B
of the 1982 Act
(Registration and enforcement of
judgments under the 2005 Hague Convention)
6E.1
Where a judgment is to be recognised or enforced in a Contracting State which is a State bound by the 2005 Hague Convention, that Convention applies.
6E.2
The text of the 2005 Hague Convention is available at: https://www.hcch.net/ and Chapter III contains the provisions on recognition and enforcement.
6E.3
Article 13 of the 2005 Hague Convention sets out the documents which need to be produced by a party seeking recognition or enforcement of a judgment.
Certified copies of judgments issued under rule 74.12
7.1
In an application by a judgment creditor under rule 74.12 for the enforcement abroad of a High Court judgment, the certified copy of the judgment will be an office copy, and will be accompanied by a certificate signed by a judge. The judgment and certificate will be sealed with the Seal of the Senior Courts.
7.2
In an application by a judgment creditor under rule 74.12 for the enforcement abroad of a County Court judgment, the certified copy will be a sealed copy, and will be accompanied by a certificate signed by a judge.
7.3
Subject to paragraph 7.6, in applications under the 1920, 1933 or 1982 Acts, the certificate will be in Form 110, and will have annexed to it a copy of the claim form by which the proceedings were begun.
7.6
In an application under section 12 of the 1982 Act relating to recognition and enforcement of a judgment under the 2005 Hague Convention, the certificate will be in the form recommended and published by the Hague Conference on Private International Law and annexed to the final act of the twentieth session of the Hague Conference on Private International law, which is available at: http://www.hcch.net/.
Certificates under section III of Part 74
8.1
A certificate of a money judgment of a court in Scotland or Northern Ireland must be filed for enforcement under rule 74.15(2) in the Action Department of the Central Office of the Senior Courts, Royal Courts of Justice, Strand, London WC2A 2LL. The copy will be sealed by a court officer before being returned to the applicant.
8.2
A certificate issued under rule 74.17 for the enforcement in Scotland or Northern Ireland of a money judgment of the High Court or of a county court will be in Form 111.
8.3
In an application by a judgment creditor under rule 74.18 for the enforcement in Scotland or Northern Ireland of a non-money judgment of the High Court or of a county court, the certified copy of the judgment will be a sealed copy to which will be annexed a certificate in Form 112.