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The Queen's Bench Guide
Section 12
Enforcement
12.1 General
 
12.2 Writs of execution
12.3 Interpleader proceedings (RSC O.17)
12.4 Examination of judgment debtor (RSC O.48)
12.5 Third Party Debt Order proceedings (RSC O.49)
12.6 Charging orders (RSC O.50)
12.7 Receivers; equitable execution (RSC O.51)
12.8 Committals, etc. (RSC O.52)
12.9 Execution against property of Foreign or Commonwealth States
12.10 Recovery of enforcement costs 89
12.11 Enforcement of Magistrates' Courts' orders
12.12 Enforcement of Foreign Judgments and enforcement of High Court judgments abroad
12.1 General:
 
12.1.1   Enforcement in the High Court is governed by CPR Parts 70 and 74 together with RSC Orders 17, 45 to 47 and 52 as in Schedule 1 to the CPR.
12.1.2   RSC O. 45 deals with enforcement generally. A judgment or order for payment of money (other than into court) may be enforced by a writ of Fieri Facias, Third Party Debt Order Third Party Debt Order, a Charging Order or the appointment of a receiver. A judgment or order to do or abstain from doing an act may be enforced by a writ of sequestration (with the permission of the court) or an order of committal. A judgment or order for possession of land may be enforced by a writ of possession, and a judgment or order for delivery of goods without the alternative of paying their value by a writ of specific delivery. In each case, where RSC O.45 r.5 applies enforcement may also be by a writ of sequestration or an order of committal.
12.2 Writs of execution:
 
12.2.1   RSC O.46 deals with writs of execution generally. Rules 2 and 3 set out the circumstances when permission to issue a writ is necessary. Rule 4 contains provisions for making an application for permission. Rule 5 deals with applications for permission to issue a writ of sequestration. RSC O. 47 contains provisions concerning writs of Fieri Facias. Forms of writs of execution may be used as follows:
  
(1)   writs of Fieri Facias in form Nos. 53 to 63,
(2)   writs of delivery in form Nos. 64 and 65,
(3)   writs of possession in form Nos. 66 and 66A,
(4)   writ of sequestration in form No. 67,
(5)   writ of restitution in form No. 68,
(6)   writ of assistance in form No. 69.
12.2.2   With certain exceptions, writs of execution issued in the Royal Courts of Justice are executed by the High Court Enforcement Officer. RSC O.46 r.6 sets out the provisions for issue of writs of execution. In the Queen's Bench Division writs of execution are issued in the Central Office in Room E15-E17. Before the Writ can be sealed for issue, a signed praecipe for its issue must be filed in one of forms PF 86 to 90, as appropriate, stamped with the appropriate fee. A copy of the judgment or order requiring enforcement should also be provided.
12.2.3   On an application for permission to issue a writ of possession under RSC O.45 r.3(2), if the property consists of a house of which various parts are sublet to, or in the occupation of, different persons, the evidence in support should show the nature and length of the notice which has been given to the various occupiers. Where the defendant or any other persons are in actual possession of the premises of which possession is sought, the evidence must contain the following information:
  
(1)   whether the premises or any part of it is residential,
(2)   if so,
  
(a)   what is the rateable value of the residential premises, and
(b)   whether it is let furnished or unfurnished and, if furnished, the amount of furniture it contains, and
(3)   any other matters that will assist the Master in deciding whether any occupier is protected by the Rent Acts.
12.2.4   Where a party wishes to enforce a judgment or order expressed in a foreign currency by the issue of a writ of fieri facias, the praecipe and writ of fieri facias must be endorsed with the following certificate:
  
   "I/We certify that the rate current in London for the purchase of (state the unit of foreign currency in which the judgment is expressed) at the close of business on (state the nearest preceding date to the date of issue of the writ of fieri facias) was ( ) to the £ sterling and at this rate the sum of (state amount of the judgment debt in the foreign currency) amounts to £ ".
   The schedule to the writ of fieri facias should be amended;
  
(1)   showing the amount of the judgment or order in the foreign currency at paragraph 1.
(2)   inserting a new paragraph 2. as follows:
  
"(2)   Amount of the sterling equivalent as appears from the certificate endorsed on the praecipe for issue of the writ £ ".
(3)   renumbering the remaining paragraphs accordingly.
   The writ of fieri facias wil then be issued for the sterling equivalent of the judgment expressed in foreign currency as appears from the certificate.
12.2.5   County Court judgments or orders to which Article 8(1) of the High Court and County Courts Jurisdiction Order 1991 applies may be enforced in the High Court, and since 26th April 1999, any County Court judgment for over £600 may be transferred to the High Court for enforcement by a High Court Enforcement Officer (except where it is a judgment arising from a regulated agreement under the Consumer Credit Act).
12.2.6   The party seeking enforcement should obtain from the appropriate county court a certificate of the judgment of the county court in compliance with CCR O. 22 r.8(1A) (in Schedule 2 to the CPR), setting out details of the judgment or order to be enforced, sealed with the seal of that court and dated and signed by an officer of that court and stating on its face that it is granted for the purpose of enforcing the judgment or order by execution against goods in the High Court. Form N293A is a "Combined Certificate of Judgment and Request for Writ of Fieri Facias" and should be used.
12.2.7   A correctly completed form N293A together with a copy should be filed in Room E15-E17 where the court officer will;
  
(1)   allocate a reference number,
(2)   date seal the Certificate and copy, returning the original to the party and retaining the copy, and
(3)   enter the proceedings in a register kept for that purpose.
   The certificate will be treated for enforcement purposes as a High Court judgment and interest at the appropriate rate will run from the date of the Certificate.
12.2.8   The title of all subsequent documents shall be set out as follows:
  
   "IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
High Court Claim No.
County Court Claim No.
(Sent from the [ ] County Court by Certificate dated (date))
Claimant
Defendant".
   When the writ of fieri facias is issued, the Certificate of judgment retained by the party will be date-sealed by the court officer on the bottom left hand corner and endorsed with either the named Enforcement Officer or the District for Enforcement for which the writ is directed.
12.2.9   The Sheriffs Lodgement Centre at 20 – 21 Tooks Court, London EC4A 1LB provides a service for arranging transfer up of county court judgments. (A helpline is provided on 020 7205 2555)
12.2.10   It is important to remember in these cases that although any application for a stay of execution may be made to a Master in the High Court by application notice filed in accordance with Part 23, all other applications for enforcement or other relief must be made to the issuing county court. This practice is followed in the district registries with such variations as circumstances require.
12.2.11   When a writ of execution has been issued in the Royal Courts of Justice it may then be delivered to the Sheriffs Lodgement Centre. Value Added Tax is payable in addition to the High Court Enforcement Officer's fee on the services for which the fee is payable, and must be paid at the time of delivery of the writ. If the goods, chattels and property to be seized in execution are not within Greater London, the High Court Enforcement Officer will direct the writ to a High Court Enforcement Officer who is authorised to act in the appropriate district. Goods, which may not be seized in execution of a writ, are set out in s.138(3A) of the Supreme Court Act 1981Acts as follows:  
  
(1)   such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his/her employment, business or vocation,
(2)   such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his/her family,
(3)   any money, bank notes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to that person.
12.2.12   When first executing a writ of fieri facias the High Court Enforcement Officer will deliver to the debtor or leave at each place where execution is levied a notice of seizure in form No 55. This is commonly known as "walking possession" and the notice explains to the debtor the situation with regard to the goods seized and what s/he then has to do.
12.2.13   After execution of a writ of execution, the High Court Enforcement Officer will endorse on the writ a statement of the manner in which s/he has executed it and will send a copy of the statement to the party issuing the writ.
12.3 Interpleader proceedings (RSC O.17):
 
12.3.1   Where a person is under liability in respect of a debt or property and has been, or expects to be claimed against by two or more persons claiming the same debt or property, if the person under liability does not dispute the debt or claim the property, s/he may apply to the court for relief by way of interpleader, i.e. for the entitlement of the persons claiming the same debt or property to be established in separate proceedings between them.
12.3.2   Where the High Court Enforcement Officer has seized goods in execution and a person other than the person against whom the writ of execution was issued wishes to claim the goods seized, s/he must give notice of his/her claim to the High Court Enforcement Officer, including in his/her notice a statement of his/her address which will be his/her address for service. The High Court Enforcement Officer will then give notice of that claim to the judgment creditor on whose behalf the goods were seized, in form PF 23. The notice requires the judgment creditor to state whether s/he admits or disputes the claim. The claimant must do so within 7 days of receipt of the High Court Enforcement Officer's notice and may use form PF 24 to do so.
12.3.3   Where the judgment creditor admits the claim, the High Court Enforcement Officer will withdraw from possession of the goods and may apply under RSC O.17 r.2(4) for an order to restrain a claim being brought against him for having taken possession of the goods. Where the claimant disputes the claim, the High Court Enforcement Officer may apply for interpleader relief. An application for interpleader relief if made in existing proceedings is made by an application in accordance with Part 23, otherwise it is made by the issue of a Part 8 claim form.
12.3.4   The Master may deal with the claims summarily, or may direct an issue to be tried between the parties in dispute (see RSC O.17 r.5) or make such other order as is appropriate.
12.4  Examination of judgment debtor (Part 71):
 
12.4.1   Where a person ("the judgment creditor") has obtained a judgment or order for payment of a sum of money against a person ("the judgment debtor"), the judgment creditor may apply for an order requiring the judgment debtor to attend to be orally examined concerning his assets and means. If the judgment debtor is a company or corporation, the court will order a named officer of the company or corporation to attend for examination. In the case of a judgment or order which is not for payment of a sum of money, the court may make an order for the attendance of the party liable for his examination on such questions as may be specified in the order.
12.4.2   An application for an order under Part 71 should be made in accordance with Part 23 without notice to any other party. The application must be supported by evidence giving details of the judgment or order, including the amount still owing, and showing that the judgment creditor is entitled to enforce the judgment or order. Where the judgment debtor is a company or corporation the evidence must give details of the officer to be examined. Form PF 98 may be used as a precedent for the evidence in support. Where a judgment creditor has obtained judgments in several different proceedings against the same judgment debtor, only one application need be made, setting out in the body of the application details of all the judgments on which examination is sought.
12.4.3   The examination will take place before a Master, Registrar, District Judge or nominated officer, as may be ordered, and will normally be at the court where the least expense will be incurred, usually the county court for the area where the judgment debtor lives. If a different court is requested by the applicant the reason why should be given in the application notice.
12.4.4   The application notice/evidence should be filed in the Masters' Support Unit Room E16 for consideration by a Master who will, if satisfied, make the order sought. Where the examination is to take place in a county court, the judgment creditor should lodge a copy of the order with the county court and obtain an appointment for the examination. If the examination is to take place in the Royal Courts of Justice, the order should be taken to Room E17 where the appointment will be endorsed on the order. In the Central Office the officers are nominated at the discretion of the Senior Master and their names may be obtained from Room E17.
12.4.5   The order (endorsed with the penal notice as set out in paragraph 9.1 of the Part 40B Practice Direction) together with details of the appointment must be served personally on the judgment debtor or on the officer of the judgment debtor company or corporation to be examined. A judgment debtor should be offered his conduct money, i.e. expenses of travelling to and from the examination and of attending to give evidence.
12.4.6   The officer conducting the examination will take down, or arrange to have taken down in writing the judgment debtor's statement. The officer will read the statement to the judgment debtor and will ask him or her to sign it. If he or she refuses to do so the officer will sign the statement. If the judgment debtor refuses to answer any question or if any other difficulties arise, the matter will be referred to the Interim Applications Judge in Court 37.
12.5 Third Party Debt Order proceedings (CPR Part 72):
 
12.5.1   Where a judgment creditor has obtained a judgment or order for payment of a sum of money against a judgment debtor, and another person ("the Third Party ") is indebted to the judgment debtor, the judgment creditor may apply to the Master for an order that the Third Party pays to the judgment creditor the amount of the debt due to the judgment debtor, or sufficient of it to satisfy the judgment debt.
12.5.2   The application should be made by filing an application notice in Practice Form N349, verified by a statement of truth, but the application notice need not be served on the judgment debtor. The application will normally be dealt with without a hearing and must be supported by evidence as set out in CPR 72 Practice Direction 1.2. If the Master is satisfied that such an order is appropriate, s/he will make an interim order in form N84 specifying the debt attached and appointing a time for the Third Party and the judgment debtor to attend and show cause why the order should not be made final.
12.5.3   The Third Party Debt Order to show cause must be served on the Third Party, and on the judgment debtor, in accordance with CPR 72.5. Where the Third Party or the judgment debtor fails to attend the hearing or attends but does not dispute the debt, the Master may make a final Third Party Debt Order against the Third Party under CPR 72.8 in form N85. The final order may be enforced in the same manner as any other order for the payment of money. Where the Third Party or the judgment debtor disputes the debt, the Master may dispose of the matter as set out in CPR 72.8.
12.5.4   Where the judgment creditor seeks to enforce a judgment expressed in a foreign currency by Third Party Debt Order proceedings, the evidence in support of the application must contain words to the following effect:
  
   "The rate current in London for the purchase of (state the unit of foreign currency in which the judgment is expressed) at the close of business on (state the nearest preceding date to the date of verifying the evidence) was ( ) to the £ sterling, and at this rate the sum of (state the amount of the judgment debt in the foreign currency) amounts to £…… I have obtained this information from (state source) and believe it to be true."
12.6 Charging Orders (CPR Part 73): 
 
12.6.1   A judgment creditor may apply for a charging order on the property or assets of the judgment debtor, which will have the effect of providing him with security over the property of the judgment debtor. The High Court has jurisdiction to impose a charging order in the following cases:
  
(1)   where the property is a fund lodged in the High Court,
(2)   where the order to be enforced is a maintenance order of the High Court, and
(3)   where the judgment or order is made in the High Court and exceeds £5000.
   The property and assets of the judgment debtor on which a charge may be imposed by a charging order are specified by s.2 of the Charging Orders Act 1979.
12.6.2   An interim charging order imposing a charge on land will be drawn in respect of the judgment debtors interest in the land and not the land itself, unless the court orders otherwise. If an interim charging order is made on stocks or shares in more than one company, a separate order must be drawn in respect of each company. A judgment creditor may apply in a single application notice for charging orders over more than one asset, but if the court makes charging orders over more than one asset, there will be separate orders relating to each asset. If the judgment debt is expressed in a foreign currency, the evidence in support of any application for a charging order should contain a similar provision to that set out in paragraph 12.5.4 above.
12.6.3   The application for a charging order is made to a Master and should be made in Practice Form N379 if the application relates to land, or N380 if the application relates to securities. The application is made without being served and will normally be dealt with without a hearing. If the Master is satisfied that such an order is appropriate, s/he will make an order in form N86 appointing a time for the judgment debtor to attend and show cause why the order should not be made absolute.
12.6.4   The interim order and the application notice should be served in accordance with CPR 73.5, or otherwise as directed by the Master. After further consideration at the hearing the Master will either make the order Final (with or without modifications) as in form N87, or discharge it. Where the order is discharged or varied, the order of discharge must be served in accordance with CPR 73.9(3).
12.6.5   CPR 73.7 deals with the effects of a charging order on funds in court, which includes securities held in court.
12.6.6   Although the court may make a charging order in a foreign currency, to facilitate enforcement it is usually preferable for it to be expressed in sterling. Thus if the foreign debt is in a foreign currency the evidence in support of the application should contain the sterling equivalent and request the charging order to be made in sterling. (See paragraph 12.6.2 above).
   Enforcement of Charging Order
12.6.6   Proceedings for the enforcement of a charging order by sale of the property charged must be begun by a Part 8 Claim Form issued out of the Chancery Division of the High Court or a Chancery district registry unless the High Court has no jurisdiction, in which case application should be made to the appropriate County Court. (RSC O.50 r.9A). The County Court's limit at present is when the amount owing does not exceed £30,000.
12.7 Receivers; equitable execution (CPR Part 69):
 
12.7.1   Equitable execution is a process which enables a judgment creditor to obtain payment of the judgment debt where the interest of the judgment debtor in property cannot be seized or reached by ordinary execution.
12.7.2   An application for appointment of a receiver by way of equitable execution may be made to a Master, who also has jurisdiction to grant an injunction if, and only so far as, the injunction is ancillary or incidental to the order. The procedure follows that set out in RSC O.30 rr.1 to 6, and the application should be made in accordance with Part 23 and the Part 23 Practice Direction as described in the following paragraphs.
12.7.3   If the judgment creditor seeks an injunction (as in 11.7.2 above) s/he should file his/her application notice based on form No. 82 but setting out in addition the injunction sought, together with a witness statement or affidavit in support stating:
  
(1)   the date and particulars of the judgment, and that it remains wholly unsatisfied, or to what extent it remains unsatisfied,
(2)   the particulars and result of any execution which has been issued, and the nature of the High Court Enforcement Officer's return (if any),
(3)   that the judgment debtor has no property which can be taken by the ordinary process of execution, (ifs/he has, give reasons showing that legal execution would be futile),
(4)   particulars of the property in respect of which it is proposed to appoint a receiver,
(5)   the name and address of the receiver proposed to be appointed, and that in the deponent's judgments/he is a fit and proper person to be appointed receiver, and
(6)   that the judgment debtor is in financial difficulties [that the immediate appointment of a receiver without the delay of giving security is of great importance] and that the deponent believes that the judgment debtor may assign or dispose of his/her estate or interest in (give details of property) unless restrained from doing so by the order and injunction of the court.
12.7.4   The judgment creditor need not give notice of this application which will normally be dealt with without a hearing. If the Master is satisfied with the evidence s/he will make an order in form No. 83 for a hearing to take place in respect of the application for the appointment of the receiver and granting an injunction meanwhile.
12.7.5   If the judgment creditor does not seek an injunction, the application notice should be filed and served together with the evidence in support (as in paragraph 11.7.3 above but without paragraph (6)).
12.7.6   At the hearing of the application to appoint the receiver, the Master will, if s/he thinks fit, make an order in form No. 84. A copy of the order appointing the receiver shall be served by the judgment creditor on the receiver and all other parties to the proceedings.
12.7.7   Where a receiver has been ordered to give security under RSC O.30 r.2, the judgment creditor should obtain an appointment before the Master who made the order appointing the receiver, to settle the form and amount of the security. Unless otherwise ordered, the security will be in the form of a guarantee. The judgment creditor should have prepared a draft form of guarantee for the Master to approve at the appointment. Form PF 30CH may be used as a precedent for the guarantee.
12.7.8   RSC O.30 r.3 deals with the remuneration of the receiver which may either be assessed by the Master or referred to a costs judge. RSC O.30 r.5 contains the provisions for submitting the receiver's accounts.
12.8 Committals, etc. (RSC O.52)
 
12.8.1   The court has power to punish contempt of court by an order of committal to prison or by other means. These may be by ordering the payment of a fine, by the issue of a writ of sequestration, or by making a hospital or guardianship order under certain provisions of the Mental Health Act 1983. Committal applications under RSC O.52 r.4 are always dealt with by a High Court Judge. The following provisions apply to applications made under RSC O.52 r.4.
12.8.2   The application should be made in existing proceedings by filing an application notice. If not in existing proceedings, a Part 8 Claim Form should be issued (see paragraphs 2.1 and 2.2 of the practice direction -- Committal Applications). The Claim Form or application notice must contain a prominent notice stating the possible consequences of the court making a committal order. The notice is annexed at the end of the practice direction.
12.8.3   Evidence in support of a committal application must be by affidavit and, together with the Part 8 Claim Form or application notice, must be served personally on the person sought to be committed giving 14 days notice unless otherwise directed by the court (paragraph 4.2 of the practice direction). A date for the hearing must be obtained from the Listing Office, Room WG8 and endorsed on or served with the Claim Form or application notice.
12.8.4   Paragraphs 2.5, 2.6 and 3.1 to 3.4 of the Practice Direction deal with the content of the evidence, and serving and filing, and paragraph 4 deals with the hearing date and management of the proceedings.
12.8.5   Committal proceedings will normally be heard in public, but see RSC O.52 r.6 which sets out certain types of cases which may be heard in private (although brief details of the case must be read out in public) and see paragraph 9 of the Practice Direction.
12.8.6   Where the court makes a finding of contempt, details of the contempt and of the order or undertaking breached (where appropriate) must be set out in the order. The term of any period of committal must be stated in the order and must not exceed two years. A fine must be expressed as payable to Her Majesty the Queen and the order must state the amount of the fine and the date and time within which it must be paid. A contemnor and his solicitors will be notified separately as to how the fine should be paid. A precedent of the order is in form No. 85 and will normally be drawn by the court.
12.8.7   When an order for committal to prison is made, the court will issue a warrant to the Tipstaff authorising him to convey the contemnor to the appropriate prison. A copy of the order should be served on the prison governor and the Official Solicitor. RSC O.52 r.8 deals with the discharge of a person committed.
12.9 Execution against property of Foreign or Commonwealth States:
 
12.9.1   In cases where judgment has been obtained against a foreign or Commonwealth State and it is sought to execute the judgment by a writ of fieri facias, a charging order or a Third Party Debt Order, the following provisions apply:
  
(1)   Before the writ of fieri facias is issued, the Master must be informed in writing and his/her direction sought. In cases where an application is to be made for a charging order to show cause or a Third Party to show cause, the evidence in support of the application must include a statement that the execution sought is against a foreign or Commonwealth State.
(2)   The Master, having been so informed will, as soon as practicable, inform the Foreign and Commonwealth Office ("FCO") of the application and will not permit the issue of a writ of fieri facias, nor grant an order to show cause until the FCO has been so informed. The Protocol Division of the Head of Diplomatic Missions and International Organisations Unit of the FCO may be contacted by telephone on 020 7008 0991 or by Fax on 020 7008 0978.
(3)   Having regard to all the circumstances of the case, the Master may postpone the decision whether to issue the writ or grant the order to show cause for so long as s/he considers reasonable for the purpose of enabling the FCO to furnish further information relevant to his/her decision, but not for longer than 3 days from the time of his/her contacting the FCO. In the event that no further information is received from the FCO within 24 hours of its being informed, then the writ of fieri facias may be issued or the order to show cause may be sealed without further delay.
12.10 Recovery of enforcement costs:
 
12.10.1   Subsection (3) of section 15 of the Courts and Legal Services Act 1990Acts enables a person taking steps to enforce a money judgment in the High Court to recover the costs of any previous attempt to enforce that judgment. Subsection (4) of section 15 excludes costs that the court considers to have been unreasonably incurred.
12.10.2   The application for an enforcement costs order is made to a Master and should be made in accordance with Part 23 but the application notice need not be served on the judgment debtor. The application will normally be dealt with without a hearing and must be supported by evidence substantially as set out in form PF 205. The deponent should exhibit sufficient vouchers, receipts or other documents as are reasonably necessary to verify the amount of the costs of previous attempts to enforce the judgment.
12.10.3   If the Master is satisfied that such an order is appropriate, s/he will make an order for payment of the amount of such costs ass/he considers may be recoverable under subsection (3) of section 15. If the amount of such costs is less than that claimed by the judgment creditor, the Master may either disallow the balance or give directions for a detailed assessment or other determination of the balance. If after assessment or other determination it appears that the judgment creditor is entitled to further costs beyond those originally allowed, s/he may issue a further writ of fieri facias or take other lawful steps to enforce those costs. Interest on the costs runs either from the date the Master made the enforcement costs order or from the date of the costs certificate.
12.11 Enforcement of Magistrates' Courts' orders:
 
12.11.1   The Magistrates' Courts Act 1980, s.87 provides that payment of a sum ordered to be paid on a conviction of a magistrates' court may be enforced by the High Court or a county court (otherwise than by the issue of a writ of fieri facias or other process against goods or by imprisonment or attachment of earnings) as if the sum were due to the clerk of the magistrates' court under a judgment of the High Court or county court, as the case may be.
12.11.2   In the Central Office, the application is made to a Master and should be made in accordance with Part 23. Where enforcement is sought by a Third Party Debt Order or charging order to show cause, the application will normally be dealt with without a hearing. Otherwise the application notice and evidence in support should be served on the defendant.
12.11.3   The application must be supported by a witness statement or affidavit in a form appropriate to the type of execution sought and must have exhibited to it the authority of the magistrates' court to take the proceedings which will recite the conviction, the amount outstanding and the nature of the proceedings authorised to be taken (Magistrates Courts Forms Rules 1981, Form 63).
12.11.4   The application notice and evidence in support together with an additional copy of the exhibit should be filed in Room E15 where it will be assigned a reference number from the register kept for that purpose. The Master according to the type of enforcement sought will then deal with the matter.
12.11.5   This practice will also be followed in the District Registries with such variations as circumstances may render necessary.
12.12 Enforcement of Foreign Judgments and Enforcement of High Court Judgments Abroad
 
12.12.1   CPR 74 deals with enforcement of judgments in different jurisdictions. Section 1 covers enforcement in England & Wales of judgments of foreign courts.
12.12.2   If a foreign court is not a party to an agreement with this country on mutual recognition and enforcement of judgments, then a fresh action will need to be brought based on that foreign judgment. Such an action can usually be made by a Part 8 claim.
12.12.3   Section 1 of the rule covers enforcement of judgments of foreign courts covered by the Administration of Justice Act 1933 (“the 1933 Act”), the Foreign Judgments (Reciprocal Enforcement) Act 1933 (“the 1933 Act”), the Civil Jurisdiction and Judgments Act 1982Acts (“the 1982 Act”) and the Council Regulation (EC) No. 44/2001 of 22nd December 2000 (“the Judgments Regulation”).
12.12.4   A list of the countries that are covered by each of the various Acts and the Judgments Regulation is set out in Her Majesty's Court Service ‘Notes for Guidance' on the above Acts and Regulation, which can be obtained from the Judgments & Orders Section of the Action Department of the Central Office (Room E17). This also contains the standard forms used and sets out the procedure for applications for registration.
   Reciprocal enforcement; the Administration of Justice Act 1920Acts the Foreign Judgments (Reciprocal Enforcement) Act 1933, the Civil Jurisdiction and Judgments Act 1982 and the Judgments Regulation.
12.12.5   CPR 74.4 sets out how an application for registration of a foreign judgment in the High Court under the 1920, 1933 or 1982 Acts under the Judgments Regulation may be made. The application should be made without notice being served on any other party, but the Master may direct that a Part 8 Claim Form should be issued and served.
12.12.6   CPR 74.4 (2)-(6) sets out what the evidence in support of the application should contain or have exhibited to it. The foreign judgment will be registered in the foreign currency in which it is expressed and must not be converted into Sterling in the evidence in support. When it comes to enforcing the foreign judgment, the amount should then be converted in accordance with the instructions set out above in paragraph 11 in respect of the type of enforcement sought.
12.12.7   The order giving permission to register the judgment must be drawn up by, or on behalf of the judgment creditor and will be entered in the Register of Judgments kept in the Action Department Room E17 of the Central Office for that purpose. The order will usually contain a direction that the costs of and caused by the application and the registration be assessed and added to the judgment as registered. The Order for registration of the judgment must state the matters set out in CPR 74.6 (3) including the right of the judgment debtor to apply, and the time within which s/he may do so, to have the registration set aside. The notice must be served on the judgment debtor in accordance with CPR 74.6 (1).
12.12.8   An application to set aside the registration of a judgment under CPR 74.7 (1) must be made in accordance with Part 23 and be supported by a witness statement or affidavit.
12.12.9   Section 2 of CPR 74 covers enforcement in foreign countries of judgments of the High Court and County Court of England & Wales. A judgment creditor who wishes to enforce such a judgment abroad must apply for a certified copy of the judgment.
12.12.10   Section 3 of CPR 74 deals with enforcement of UK Judgments in other parts of the UK. A person who wishes to enforce a judgment of the High Court or County Court of England & Wales in another part of the UK may apply for a certified copy of the judgment.
12.12.11   An application for a certified copy of a judgment entered in the High Court may be made without notice and must be supported by evidence, in accordance with CPR 74.13 for enforcement of High Court and County judgments in foreign countries, and in accordance with CPR 74.17or 18 for enforcement of High Court and County judgments in other parts of the UK. The certified copy will be endorsed with a certificate signed by the Master. The forms of certificate are included in the ‘Notes for Guidance' referred to in paragraph 11.12.4 above. Where the application was made under s. 10 of the Foreign Judgments (Reciprocal Enforcement) Act 1933, an additional certificate will be issued and signed by the Master [as in form PF 155.] Judgment creditors who intend to seek enforcement abroad should ensure that their judgment is endorsed as follows:
  
   "This judgment carries interest from (date) at the rate of 8% per annum in accordance with the provisions of the Judgments Act 1838Acts".
12.12.12   An application may also be made for registration in the High Court of a judgment given by a court in another part of the UK.
12.12.13   The certificate must be filed for registration in Room E15 – E17 in the Action Department within 6 months from the date of its issue. Under paragraph 9 of schedule 6 to the Act of 1982 an application may be made to stay the enforcement of the certificate. The application may be made without notice being served on any other party supported by a witness statement or affidavit stating that the applicant is entitled and intends to apply to the judgment court to set aside or stay the judgment.
   Applications under s.18 of the Act of 1982; judgment containing non-money provisions: The procedure is set out in CPR 74.16(3).
12.12.14   The certificates will be entered in the register of certificates in respect of judgments ordered to be registered under CPR 74 PD 3 kept in the Central Office for that purpose.
   Enforcement of European Community judgments
12.12.15   Section 4 of CPR deals with enforcement of European Community judgments in England and Wales, that is, judgments not of the national courts of Member States but rather the judgments of the courts and institutes of the community itself.
12.12.16   CPR 74.19 An application for registration may be made without notice being served on any other party and must be supported by written evidence containing or having exhibited to it the matters referred to in CPR 74.21 (1).
12.12.17   The order for registration must contain the information and exhibit the documents required by CPR 74.22. The order for registration will be entered in the register of the Judgments and Orders kept in the Action Department Room E17, Central Office for that purpose. The registration order must be served on every person against whom judgment was given.
12.12.18   An application to vary or cancel a registration under the provisions of CPR 74.23 shall be made by application notice in accordance with Part 23, supported by written evidence, and must be made within 28 days of service of the registration order.
   Enforcement of recommendations etc. under the Merchant Shipping (Liner Conferences) Act 1982
12.12.19   Applications under s. 9 of the Act of 1982 for registration of a recommendation, determination or award, are dealt with by a Commercial Judge and shall be made by the issue of a Part 8 Claim Form. The application should be supported by evidence in accordance with CPR 74 PD 12.
12.12.20   The order giving permission to register the recommendation, determination or award must be drawn up by or on behalf of the party making the application, and entered in the register of the recommendations, determinations and awards ordered to be registered under s. 9 of the Act of 1982, directed by the Senior Master to be kept in the Admiralty and Commercial Registry.
   Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 (“the European Enforcement Order”)
12.12.21   The European Enforcement Order (EEO) creates a simplified method of enforcement for uncontested claims throughout the EU member states (except Denmark). Details of the procedure are contained in Section V of Part 74.
12.12.22   An application for an EEO certificate must be made by Form N219 or N219A depending upon whether the Judgment was by agreement/admission/settlement or in default of defence or objection. The application may be made without notice and will be dealt with without a hearing, unless the Master orders a hearing.
12.12.23   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.
12.12.24   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.
12.12.25   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.
12.12.26   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 by application in accordance with Part 23 to the court in which the EEO is being enforced.
12.12.27   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.