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Rule 74.28 --- Certification of Judgments of the Courts of
England and Wales
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|
| 2.1 |
An application under rule 74.28 for a certificate of a
High Court or county court judgment for enforcement in another Regulation State must be made using Form N219 or Form N219A --- |
| | (1)
| in the case of a judgment given
in the Chancery or Queen's Bench Division of the High Court, or in a district
registry, to a Master or district judge; or |
|
| | (2)
| in the case of a county court
judgment, to a district judge. |
|
|
| 2.2 |
Where the application is granted, the court will send
the EEO certificate and a sealed copy of the judgment to the person making the
application. Where the court refuses the application, the court will give
reasons for the refusal and may give further directions. |
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Rule 74.29 --- Applications for a certificate of lack of
enforceability
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|
| 3.1 |
An application must be supported by written evidence in
support of the grounds on which the judgment has ceased to be enforceable or
its enforceability has been suspended or limited. |
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Rule 74.30 --- Application for rectification or
withdrawal
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|
| 4.1 |
An application must be supported by written evidence in
support of the grounds on which it is contended that the EEO should be
rectified or withdrawn. |
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Rule 74.31 --- Enforcement of European Enforcement Orders in
England and Wales
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| 5.1 |
When an EEO is lodged at the court in which enforcement
proceedings are to be brought, it will be assigned a case number. |
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| 5.2 |
A copy of a document will satisfy the conditions
necessary to establish its authenticity if it is an official copy of the court of origin. |
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| Text substituted in paragraphs 5.2 and 5.3 w/e from 1 October 2008. |
5.3 |
If
judgment is set aside in the court of origin, the judgment creditor must notify
all courts in which enforcement proceedings are pending in England and Wales
under the EEO as soon as reasonably practicable after the order is served on
the judgment creditor.
Notification may be by any means available including fax,
e-mail, post or telephone. |
| Text substituted in paragraphs 5.2 and 5.3 w/e from 1 October 2008. |
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Rule 74.32 – An application for refusal of enforcement
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| 6.1 |
An application must be accompanied by an official copy
of the earlier judgment, any other documents relied upon and any translations
required by the EEO Regulation and supported by written evidence showing – |
| | (1)
| why the earlier judgment is
irreconcilable with the
judgment which the judgment creditor is seeking to enforce;
and |
|
| | (2)
| why the irreconcilability was
not, and could not have been, raised as an objection in the proceedings in the
court of origin. |
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Text substituted in heading to paragraph 6.1 w/e from 1 October 2008, Text substituted in paragraphs 6.1 and 6.1(1) w/e from 1 October 2008. |
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Rule 74.33 – Stay or limitation of enforcement
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| 7.1 |
Unless
the court orders otherwise, an application must
be accompanied by evidence of the application in the court
of origin, including – |
| | (1)
| the application (or equivalent
foreign process) or a copy of the application (or equivalent foreign process)
certified by an appropriate officer of the court of origin; and |
|
| | (2)
| where that document is not in
English, a translation of it into English ---|
| | (a)
| certified by a notary
public or person qualified to certify a translation in the Member State of the
court of origin under Article 20(2)(c) of the EEO Regulation; or |
|
| | (b)
| accompanied by written
evidence confirming that the translation is accurate. |
|
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| Text substituted in paragraphs 7.1 w/e from 1 October 2008. |
7.2 |
The written evidence in support of the application must
state --- |
| | (1)
| that an application has been
brought in the member state of origin; |
|
| | (2)
| the nature of that application
;
and |
|
| | (3)
| the date on which the
application was filed, the state of the proceedings and the date by which it is
believed that the application will be determined. |
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| Text omitted in paragraph 7.2(2) w/e from 1 October 2008. |