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Act of Sederunt (Rules of the Court of Session 1994) 1994

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62.6.—(1) There shall be produced with the petition for registration referred to in rule 62.5 an affidavit–

(a)referring to the judgment or a certified copy of the judgment issued by the original court and authenticated by its seal; and

(b)stating–

(i)the full name, title, trade or business and the usual or last known place of residence or business of the judgment creditor and the judgment debtor respectively;

(ii)that the petitioner is entitled to have the judgment registered under the Act of 1920 or the Act of 1933, as the case may be;

(iii)where the judgment is in respect of several matters, only some of which may be registered, those in respect of which the petitioner seeks registration;

(iv)the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the date of the affidavit;

(v)the amount of the judgment which is unsatisfied;

(vi)that at the date of presentation of the petition the judgment may be enforced by execution in the country of the original court;

(vii)that if the judgment were registered, the registration would not be, or be liable to be, set aside under section 4 of the Act of 1933; and

(viii)that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980(1) (restriction on enforcement of certain overseas judgments) applies.

(2) There shall be produced with a petition referred to in rule 62.5 such other evidence with respect to the matters referred to in sub-paragraphs (b)(iv) and (b)(vi) of paragraph (1) as may be required having regard to the provisions of an order in Council made under section 1 of the Act of 1933(2) (power to extend the Act of 1933 to the country of the original court).

Commencement Information

I1Sch. 2 rule 62.6 in force at 5.9.1994, see para. 1(1)

(2)

Section 1 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 10.

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