Part 43 – Enforcement – General Provisions
- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 43.1|
|Procedure for beginning enforcement||Rule 43.2|
|Judgment subject to conditions||Rule 43.3|
|Separate enforcement of costs||Rule 43.4|
|Effect of setting aside judgment or order||Rule 43.5|
|Court’s powers where person ordered to do act fails to comply||Rule 43.6|
|Judgment for sum in foreign currency||Rule 43.7|
|Enforcement by or against person who is not a party||Rule 43.8|
|Enforcement against partnership||Rule 43.9|
|Enforcement of awards, etc. made by outside bodies||Rule 43.10|
Scope of this Part
- This Part deals generally with the enforcement of judgments and orders.
- In this Part and in Parts 44 to 53 –
- “judgment creditor” means the person who is entitled to enforce a judgment or order; and
- “judgment debtor” means the person who is liable to enforcement under the judgment or order, even though the judgment or order is not a money judgment.
Procedure for beginning enforcement
- The general rule is that, once a judgment or order has become enforceable, the court must issue an enforcement order if the judgment creditor files the appropriate request.
- If any of these Rules requires permission to begin enforcement proceedings the judgment creditor must first obtain that permission.
- A person who has a judgment or order subject to the fulfillment of a condition may not enforce the judgment or order unless the –
- condition is fulfilled; or
- court gives permission for the judgment or order to be enforced.
- If a person has the benefit of a judgment or order subject to fulfillment of a condition and there is a failure to fulfill that condition, then unless the court otherwise orders –
- that person loses the benefit of the judgment or order; and
- any other person interested under the judgment or order may take any step which –
- is warranted by the judgment or order; or
- might have been taken if the judgment or order had not been given.
Separate enforcement for costs
- A judgment creditor who has judgment with costs may enforce the judgment and the costs separately.
Effect of order setting aside judgment or order
- The general rule is that if the court sets aside a judgment or order, any order made for the purpose of enforcing it ceases to have effect.
- The court may however direct that an order remains in force.
Court’s powers where person ordered to do act fails to comply
- If –
- the court orders a party to do on act; and
- that party does not do it; the judgment creditor may apply for an order that –
- the judgment creditor; or
- some person appointed by the court; may do the act.
- The court may order the judgment debtor to pay the costs and expenses of the person who does the act.
- If the court makes an order under paragraph (2), it must assess the costs under rule 65.11 and determine the amount of expenses to be allowed.
- Part 53 deals with contempt proceedings.
Judgment for sum in foreign currency
- If the court gives judgment for a sum expressed in a currency of a country other than that in use in the Member State or Territory in which the judgment is to be enforced, the judgment creditor must, when commencing enforcement proceedings, file a certificate stating the exchange rate current in the Member State or Territory where enforcement is to be carried out (for the purpose of the unit of foreign currency in which the judgment is expressed) at the close of business on the previous business day.
Enforcement by or against person who is not a party
- A judgment or order in favour of a person who is not a party may be enforced in the same way as a judgment or order in favour of a party.
- A judgment or order against a person who is not a party may be enforced in the same way as a judgment or order against a party.
Enforcement against partnership
- This rule has effect where the court gives a judgment or makes an order against a firm or partnership.
- A judgment creditor may enforce the judgment or order against –
- any of the firm’s property; or
- any person who –
- has acknowledged service as a partner in the firm;
- has admitted in a statement of case to being a partner in the firm;
- was adjudged by the court to be a partner;
- was served with the claim form as a partner within the jurisdiction or, with leave of the court under Part 7, out of the jurisdiction; or
- in Saint Lucia, is registered as a partner in the firm under article 20 of the Commercial Code (Cap. 243).
- In a case to which paragraph (2) does not apply the judgment creditor may issue enforcement proceedings against a person whom it claims to be a partner if it has the court’s permission to do so.
- Notice of an application for permission must be served on the person against whom the judgment creditor seeks to enforce judgment and must be supported by evidence on affidavit.
- A judgment or order given or made on a claim by –
- or against a firm against or by a member of the firm; or
- another firm against a firm where the two firms have one or ore partners in common; may not be enforced without the permission of the court.
Enforcement of awards, etc. made by outside bodies
- This rule has effect as to the –
- enforcement of an award not made by the court but which is enforceable by virtue of a statutory provision as if it were an order of the court; and
- registration of such an award so that it may be enforceable as if it were an order of the court.
- In this rule –
- “award” means the award, order or decision which it is sought to enforce; and
- “outside body” means any authority other than the court.
- The general rule is that an application –
- for permission to enforce an award; or
- to register an award; may be made without notice but must be supported by evidence on affidavit.
- The general rule does not apply where a rule or statutory provision requires notice to be given.
- The applicant must –
- exhibit to the affidavit the award or a copy of it;
- give an address for service on the person against whom the applicant seeks to enforce the award; and
- (if the award is for the payment of money), certify the amount remaining due to the applicant.