The County Court Rules 1981

ORDER 35THE INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882

Application for certificate of county court judgment

1.—(1) A certificate of a judgment of a county court which is to be registered under the Inferior Courts Judgments Extension Act 1882 may be obtained by filing an affidavit made by the solicitor of the party entitled to enforce the judgment, or by the party himself if he is acting in person, giving particulars of the judgment and stating—

(a)that the judgment has not been satisfied and the amount remaining unsatisfied,

(b)to the best of the deponent's information or belief, the business or occupation and address of the party entitled to enforce the judgment and of the party against whom it was obtained.

(2) If the judgment is for payment within a specified time or by instalments and that time has not expired or default has not been made in payment of some instalment, the certificate shall not be granted.

(3) The proper officer shall enter on the certificate—

(a)the number of the action,

(b)the amount remaining due under the judgment,

(c)a note of the costs, if any, allowed for obtaining the certificate, and

(d)the date on which the certificate is granted.

(4) When a certificate of judgment is granted, the proper officer shall make a note thereof in the records of the court relating to the judgment and thereafter no proceedings shall be taken on the judgment in England or Wales unless—

(a)the court is satisfied that no further proceedings are pending or can be taken on the certificate outside England and Wales and that the judgment is still unsatisfied in whole or in part; and

(b)a note that the court is so satisfied is made in the records of the court granting the certificate.

Registration of certificate of court outside England and Wales

2.—(1) An application for registration in a county court of a certificate granted under the said Act may be made by producing the certificate and a copy thereof to the proper officer.

(2) The certificate shall be registered by filing it, and the copy shall be sealed and dated and returned to the person producing it.

(3) The sealed copy shall be treated as if it were the plaint note in an action brought by the person obtaining registration of the certificate.

(4) The costs, if any, allowed for registering the certificate shall be added to the amount to be recovered under the judgment.