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70.5 |
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| | (1)
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This rule applies, subject to paragraph (2), where an
enactment provides that –
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| | (a)
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a decision of a court, tribunal, body or person
other than the High Court or a county court; or
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may be enforced as if it were a court order or that any
sum of money payable under that decision or compromise may be recoverable as if
payable under a court order.
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| | (2)
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This rule does not apply to –
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| | (d)
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proceedings to which Part 75
(traffic enforcement) applies.
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| | (2A)
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Unless paragraph (3) applies, a party
may enforce the decision or compromise by applying for a specific method of
enforcement under Parts 71 to 73, Schedule 1 RSC Orders 45 to 47 and 52 and
Schedule 2 CCR Orders 25 to 29 and must –
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| | (a)
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file with the court a copy of
the decision or compromise being enforced; and
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| | (b)
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provide the court with the
information required by the practice direction supplementing this
Part.
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| | (3)
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If an enactment provides that a decision or compromise
is enforceable or a sum of money is recoverable if a court so orders, an
application for such an order must be made in accordance with paragraphs (4) to
(7A) of this rule.
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| | (4)
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The application –
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| | (a)
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may, unless paragraph (4A) applies, be made
without notice; and
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| | (b)
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must be made to the court for the district where
the person against whom the order is sought, resides or carries on business,
unless the court otherwise orders.
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| | (4A)
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Where a compromise requires a person
to whom a sum of money is payable under the compromise to do anything in
addition to discontinuing or not starting proceedings (‘a conditional
compromise’), an application under paragraph (4) must be made on
notice.
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|
| | (5)
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The application notice must –
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| | (b)
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contain the information
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required by the practice direction supplementing this
Part.
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| | (6)
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A copy of the decision or compromise must be filed with
the application notice.
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|
| | (7)
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An application other than in relation to a conditional
compromise may be dealt with by a court officer without a hearing.
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|
| | (7A)
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Where an application relates to a
conditional compromise, the respondent may oppose it by filing a response
within 14 days of service of the application notice and if the respondent –
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| | (a)
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does not file a response within
the time allowed, the court will make the order; or
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| | (b)
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files a response within the
time allowed, the court will make such order as appears
appropriate.
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| | (8)
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If an enactment provides that a decision or compromise
may be enforced in the same manner as an order of the High Court if it is
registered, any application to the High Court for registration must be made in
accordance with the practice direction supplementing this Part.
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