Part 74
ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS
See also Practice Direction 74, Practice Direction 74B
| This Part is referred to in: Part 62 (62.21), Part 70 (70.5), (70.5), PDP 74 (7.4), (8.3), PDP 74b (1.3), QB Guide - Chapter 12 (12.1), (12.12), Citibank N.A. v Rafidian Bank [15], [15], [22], [22], [43], [52], Demirel v Tasarruf Sigorta Fonu [18], [18], Gater Assets Limited v Nak Naftogaz Ukrainiy [60], [78]. |
new Section V inserted w/e from 1 October 2005, Part 74 inserted w/e from 2 December 2002. |
SCOPE OF THIS PART AND INTERPRETATION
|
|
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 county courts. |
| (3)
| Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom. |
| (4A)
|
Section V applies to --- |
| (5)
| In this Part ---
| (d)
| 'the Judgments Regulation' means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th 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( 4); |
| (e)
|
'the EEO Regulation' means Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims. |
|
|
|
|
new "signpost" at end of Rule 74.1 inserted w/e from 21 October 2005, new Rule 74.1(4A) inserted w/e from 21 October 2005, new Rule 74.1(4A) inserted w/e from 21 October 2005, New text substituted in Rule 74.1(5)(d)
w/e from 1 July 2007. |

I ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS
| INTERPRETATION
|
|
74.2 |
| (1)
|
| (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 |
|
| (2)
|
| (a)
| in an application under the 1982 Act, 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( 5). |
|
|
| New text substituted in Rule 74.2(1)(b)
w/e from 1 July 2007. |

APPLICATIONS FOR REGISTRATION
|
|
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; |
| (d)
| the Judgments Regulation |
|
| 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. |
|
|

EVIDENCE IN SUPPORT
|
|
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 ---
| (ii)
| accompanied by written evidence confirming that the translation is accurate. |
|
|
| (2)
| The written evidence in support of the application must state ---
| (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 applies( 6). |
|
| (4)
| Written evidence in support of an application under the 1933 Act must also ---
| (a)
| state that the judgment is a money judgment; |
| (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 1980Acts 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 ---
| (ii)
| the law of that State under which any interest has become due under the judgment, |
|
|
| (5)
| Written evidence in support of an application under the 1982 Act must also exhibit ---
| (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 |
|
| (6)
| An application for registration under the Judgments Regulation must, in addition to the evidence required by that Regulation, be supported by the evidence required by paragraphs (1)(b) and (2)(e) of this rule. |
|

SECURITY FOR COSTS
|
|
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; |
| (c)
| any appeal against the granting of the registration |
|
|

REGISTRATION ORDERS
|
|
74.6 |
| (1)
|
| (a)
| by delivering it to him personally; |
| (b)
| as provided by section 725 of the Companies Act 1985( 7); or |
| (c)
| in such other manner as the court may direct. |
|
| (3)
|
| (a)
| full particulars of the judgment registered; |
| (c)
|
| (i)
| in the case of registration following an application under the 1920 or the 1933 Act, to apply to have the registration set aside; |
|
| (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. |
|
|

APPLICATIONS TO SET ASIDE REGISTRATION
|
|
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. |
|

APPEALS
|
|
74.8 |
| (2)
| Permission is not required --- |
| (3)
| If ---
| (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 ---
| (ii)
| where service is to be effected on a party not domiciled within the jurisdiction, two months |
|
| (b)
| where the appeal is against the refusal of registration, within one month of the decision on the application for registration. |
|
|

ENFORCEMENT
|
|
74.9 |
| (1)
| No steps may be taken to enforce a 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 |
|
| (2)
| Any party wishing to enforce a judgment must file evidence of the service on the judgment debtor of --- |
| (3)
| 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. |
|

RECOGNITION
|
|
74.10 |
| (1)
| Registration of a judgment serves as a decision that the judgment is recognised for the purposes of the 1982 Act and the Judgments Regulation. |
| (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 or under the Judgments Regulation, except that rule 74.4(5)(a) and (c) does not apply. |
|

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
|
|
74.11 |
The rules governing the registration of judgments under the 1982 Act or 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 1 to the 1982 Act; |
| (ii)
| article 50 of Schedule 3C to the 1982 Act; and |
|
| (b)
| court settlements which are subject to ---
| (i)
| article 51 of Schedule 1 to the 1982 Act; |
| (ii)
| article 51 of Schedule 3C to the 1982 Act; and |
| (iii)
| article 58 of the Judgments Regulation. |
|
|
|

II ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND COUNTY COURTS
| APPLICATION FOR A CERTIFIED COPY OF A JUDGMENT
|
|
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 a county court under section 10 of the 1933 Act; |
| (c)
| to the High Court or to a county court under section 12 of the 1982 Act; or |
|
| (2)
| A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in a county court must apply for a certified copy of the judgment. |
| (3)
| The application may be made without notice. |
|
EVIDENCE IN SUPPORT
|
|
74.13 |
| (1)
| The application must be supported by written evidence exhibiting copies of ---
| (b)
| evidence that it was served on the defendant; |
| (c)
| the statements of case; and |
|
| (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 ---
| (ii)
| is not subject to a stay of execution; |
|
| (d)
| state ---
| (i)
| the date on which the time for appealing expired or will expire; |
| (iii)
| the status of any application for permission to appeal; and |
|
| (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. |
|
|
|

III ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM
| INTERPRETATION
|
|
74.14 |
| (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 COURT
|
|
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 Supreme Court, together with a copy certified by written evidence to be a true copy. |
|

REGISTRATION OF NON-MONEY JUDGMENTS IN THE HIGH COURT
|
|
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 COUNTY COURT MONEY JUDGMENTS
|
|
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 a county court to be enforced in another part of the United Kingdom. |
| (2)
|
| (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; |
| (g)
| the status of any application for permission to appeal; and |
|
|

CERTIFIED COPIES OF HIGH COURT AND COUNTY COURT NON-MONEY JUDGMENTS
|
|
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 a 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; |
| (c)
| that the judgment is not stayed; |
| (d)
| the date on which the time for appealing expired or will expire; |
| (f)
| the status of any application for permission to appeal; and |
|
|

IV ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS
| INTERPRETATION
|
|
74.19 |
| (a)
|
| (i)
| article 244 or 256 of the Treaty establishing the European Community; |
| (ii)
| article 18, 159 or 164 of the Euratom Treaty; |
| (iv)
| article 82 of Council Regulation (EC) 40/94 of 20 December 1993 on the Community trade mark; or |
| (v)
| article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs; |
|
|
|
| In Rule 74.19
sub-paragraph (a), at the end of sub-paragraph (iii), 'or' deleted.
After sub-paragraph (iv) 'or' and sub-paragraph (v) all inserted w/e
from 1 April 2004. |

APPLICATION FOR REGISTRATION OF A COMMUNITY JUDGMENT
|
|
74.20 |
An application to the High Court for the registration of a Community judgment may be made without notice. |
|

EVIDENCE IN SUPPORT
|
|
74.21 |
| (1)
| An application for registration must be supported by written evidence exhibiting ---
| (b)
| where the judgment is not in English, a translation of it into English ---
| (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 ---
| (c)
| the amount in respect of which the judgment is unsatisfied; and |
|
|

REGISTRATION ORDERS
|
|
74.22 |
| (2)
| The registration order must state the name and address for service of the person who applied for registration, and must exhibit ---
| (b)
| a copy of the order for its enforcement. |
|
|

APPLICATION TO VARY OR CANCEL REGISTRATION
|
|
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. |
|

ENFORCEMENT
|
|
74.24 |
| (b)
| where an application is made under that rule, until it has been determined. |
|
|

APPLICATION FOR REGISTRATION OF SUSPENSION ORDER
|
|
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 Supreme Court. |
| (2)
| The application may be made without notice. |
|

REGISTRATION AND ENFORCEMENT OF A EURATOM INSPECTION ORDER
|
|
74.26 |
| (2)
| An application under article 6 of the European Communities (Enforcement of Community Judgments) Order 1972( 8) to give effect to a Euratom inspection order may be made on written evidence, and ---
| (a)
| where the matter is urgent, without notice; |
|
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