Civil Jurisdiction and Judgments Act 1982

Supplementary provisions as to recognition and enforcement of judgmentsU.K.

F14 Enforcement of judgments other than maintenance orders.U.K.

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F24A Enforcement of judgments, other than maintenance orders, under the Lugano ConventionU.K.

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[F34B.Registration and enforcement of judgments under the 2005 Hague ConventionU.K.

(1)A judgment which is required to be recognised and enforced under the 2005 Hague Convention in any part of the United Kingdom must be registered in the prescribed manner in the appropriate court, on the application of any interested party.

(2)In subsection (1) “the appropriate court” means—

(a)in England and Wales or Northern Ireland, the High Court;

(b)in Scotland, the Court of Session.

(3)A judgment which is required to be recognised and enforced under the 2005 Hague Convention must be registered without delay on completion of the formalities in Article 13 of the 2005 Hague Convention if the registering court considers that it meets the condition for recognition in Article 8(3) of the 2005 Hague Convention, without any review of whether a ground for refusal under Article 9 applies.

(4)The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5)Where a judgment which is required to be recognised and enforced under the 2005 Hague Convention has been registered, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(6)A judgment which is required to be recognised and enforced under the 2005 Hague Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(7)Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.]

F45 Recognition and enforcement of maintenance orders.U.K.

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F55A Recognition and enforcement of maintenance orders under the Lugano ConventionU.K.

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F66 Appeals under Article 37, second paragraph and Article 41.U.K.

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F76A Appeals under Article 44 and Annex IV of the Lugano ConventionU.K.

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[F86B.Appeals in relation to registration of judgments under the 2005 Hague ConventionU.K.

(1)A decision on the application for registration of a judgment required to be recognised and enforced under the 2005 Hague Convention may be appealed against by either party.

(2)The appeal referred to in subsection (1) lies—

(a)in England and Wales or Northern Ireland, to the High Court;

(b)in Scotland, to the Court of Session.

(3)The court to which an appeal referred to in subsection (1) is brought must refuse or revoke registration only if—

(a)the condition for recognition in Article 8(3) of the 2005 Hague Convention is not met;

(b)the ground for postponement or refusal of recognition in Article 8(4) of the 2005 Hague Convention applies; or

(c)one or more of the grounds specified in Article 9 of the 2005 Hague Convention apply.

(4)A single further appeal on a point of law against the judgment given on the appeal referred to in subsection (1) lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);

(b)in Scotland, to the Inner House of the Court of Session.

(5)Paragraph (a) of subsection (4) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that Court lies from a decision of the Court of Appeal).]

7 Interest on registered judgments.U.K.

(1)F9... Where in connection with an application for registration of a judgment under section F10... [F114BF12...] the applicant shows—

(a)that the judgment provides for the payment of a sum of money; and

(b)that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, F13... from the registration of the judgment shall carry interest in accordance with the registered particulars.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F16... Debts under judgments registered under section F17... [F184B]F19... shall carry interest only as provided by this section.

F208Currency of payment under registered maintenance orders.U.K.

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