Part 72 – Reciprocal Enforcement of Judgments

Scope of this Part

 72.1

1. This Part deals with the procedure whereby under the provisions of any enactment a judgment of a foreign court or tribunal may be registered in the High Court for enforcement within a Member State or Territory.
2. In this Part –
   • “relevant enactment” means any enactment in force in a Member State or Territory in question which relates to the reciprocal enforcement of judgments.
3. This Part is subject to the requirements of any relevant enactment.

Application for registration

72.2

1. An application to have a judgment registered in the High Court may be made without notice to the court but must be supported by affidavit  evidence –
   1. exhibiting the judgment or a verified, certified or otherwise duly authenticated copy of it and, if the judgment is not in the English language, an English translation of it certified by a notary public or authenticated by affidavit;
   2. specifying 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 time of the application;
   3. stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as is known to the deponent; and
   4. stating to the best of the information or belief of the deponent –
      1. that the judgment creditor is entitled to enforce the judgment; and either
         1. that at the date of the application the judgment has not been satisfied; or
         2. the amount in respect of which it remains unsatisfied;
            1. that the judgment may be ordered to be registered for enforce­ment under any relevant enactment; and
            2. that the registration would not be or be liable to be, set aside under any relevant enactment.

Security for costs

 72.3

1. The court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration.

Order for registration

 72.4

1. An order giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor.
2. Except where the order is made following an application on notice, it need not be served on the judgment debtor.
3. The order must state the period within which an application may be made to set aside the registration and contain a notification that execution on the judgment will not issue until after the expiration of that period.
4. The court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently ex­tended) within which an application to have the registration set aside may be made.
5. The court hearing the application may order that notice of the appli­cation be given to any person.

Register of judgments

72.5

1. A register of the judgments ordered to be registered must be kept in the court office.
2. There must be included in each such register particulars of any execu­tion issued on a judgment ordered to be so registered.

Notice of registration

 72.6

1. Notice of the registration of a judgment must be served on the judgment debtor by delivering it to the judgment debtor personally or in such other manner as the court may direct.
2. Service of such a notice out of the jurisdiction is permissible without leave, and rules 7.8, 7.9 and 7.10 apply to such a notice as they apply to a claim form.
3. The notice of registration must state –
   1. full particulars of the judgment registered and the order for regis­tration;
   2. the name and address of the judgment creditor or of the legal practitioner or agent on whom any summons issued by the judg­ment debtor may be served;
   3. the period within which an application to set aside the registration may be made; and
   4. the right of the judgment debtor to apply to have the registration set aside.

Application to set aside registration

 72.7

1. An application to set aside the registration of a judgment must be supported by affidavit evidence.
2. If the court hearing an application to set aside the registration of a judgment is satisfied that –
   1. it is not just or convenient that the judgment should be enforced within the jurisdiction; or
   2. the judgment falls within any of the cases in which a judgment may not be registered under the provisions of any relevant enact­ment; it may order the registration of the judgment to be set aside on such terms as it directs.

Issue of execution         

72.8

1. Execution may not issue on a judgment registered under the Act until after the expiration of the period which, in accordance with rule 72.4(3), is specified in the order for registration as the period within which an application may be made to set aside the registration or, if that period has been extended by the court, until after the expiration of the extended period.
2. If an application is made to set aside the registration of a judgment, execution on the judgment may not issue until after the application is finally determined.
3. Any party wishing to issue execution on a registered judgment must produce to the court office an affidavit of service of the notice of registration of the judgment and any order made by the court in relation to the judgment.

Certified copy of High Court judgment for enforcement in another country

72.9

1. An application under any relevant enactment for a certified copy of a judgment entered in the High Court for the purpose of enforcement in some other country must be made without notice supported by affida­vit evidence.
2. The certified copy of the judgment must be an office copy sealed with the seal of the Supreme Court and indorsed with a certificate signed by a master or registrar that it is a true copy of a judgment obtained in the High Court and that it is issued in accordance with the relevant enactment.