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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(i) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(ii) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 rule 4(b) words omitted by S.I. 2014/407 rule 39(e)(ii)(aa) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 rule 10(3) words omitted by S.I. 2014/407 rule 39(k)(iii) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 10(3))
  • Sch. 2 CCR Order 28 words omitted by S.I. 2014/867 rule 21(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words omitted by S.I. 2014/867 rule 22(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 27 rule 4(b) words substituted by S.I. 2014/407 rule 39(e)(ii)(bb) (This amendment not applied to legislation.gov.uk. The words "by that chief executive" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 44)
  • rule 25.1(n) word omitted by S.I. 2005/3515 rule 7(a)(i)
  • rule 52.13(1)(a) words inserted by S.I. 2014/879 art. 76 (This amendment not applied to legislation.gov.uk. There is no rule 52.13(1)(a))
  • rule 74.1(5)(h) inserted by S.I. 2024/595 rule 4(2)(b)
  • rule 74.4(7) inserted by S.I. 2024/595 rule 4(4)(b)

[F1Evidence in supportE+W

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—

(i)certified by a notary public or other qualified person; or

(ii)accompanied by written evidence confirming that the translation is accurate.

(2) The written evidence in support of the application must state—

(a)the name of the judgment creditor and his address for service within the jurisdiction;

(b)the name of the judgment debtor and his address or place of business, if known;

(c)the grounds on which the judgment creditor is entitled to enforce the judgment;

(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(1) applies.

(4) Written evidence in support of an application under the 1933 Act must also—

(a)state that the judgment is a money judgment;

(b)confirm that it can be enforced by execution in the State of origin;

(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 1980 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—

(i)the enforceability of the judgment in the State of origin, and

(ii)the law of that State under which any interest has become due under the judgment,

which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State.

(5) Written evidence in support of an application under the 1982 Act must also exhibit—

(a)documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served;

(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

(c)where appropriate, a document showing that the judgment creditor is in receipt of legal aid in the State of origin.

[F2(5A) Written evidence in support of an application under section 4B of the 1982 Act (registration and enforcement of judgments under the 2005 Hague Convention) must also include any other evidence required by Article 13 of the 2005 Hague Convention.]

F3(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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