Rule 40.14A County Court certificate of judgmentF1

(1)

Any person who wishes to have a certificate of any judgment or order given or made in a claim in the County Court (“the applicant”) may make a request in writing to the court.

(2)

If the applicant is a party to the claim, the request must state whether the certificate—

(a)

is required for the purpose of taking proceedings on the judgment or order in another court;

(b)

is required for the purpose of enforcing the judgment or order in the High Court; or

(c)

is for the purpose of evidence only.

(3)

If the applicant is not a party to the claim, the request must state—

(a)

the purpose for which the certificate is required;

(b)

the capacity in which the person asks for the certificate; and

(c)

any other facts showing that the certificate may properly be granted.

(4)

Where the certificate is required for the purpose of enforcing the judgment or order in the High Court, the applicant must also either—

(a)

state that—

(i)

it is intended to enforce the judgment or order by execution against goods; or

(ii)

the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or

(b)

confirm that an application has been made for an order under section 42 of the County Courts Act 1984 (transfer to High Court by order of the County Court) and attach a copy of the application to the request for a certificate.

(5)

Where the applicant making the request is not a party to the claim, the request will be referred to the District Judge, who may refer it to the judge.

(6)

Without prejudice to paragraph (5), for the purposes of section 12(2) of the County Courts Act 1984 a certificate under this rule may be signed by a court officer.

F2(Rule 83.19 provides for what happens where a request for a certificate of judgment is made under this rule for the purpose of enforcing a judgment or order in the High Court, including (under rule 83.19(4)) that where certain proceedings are pending, the request for the certificate will not be dealt with until those proceedings are determined.)

Annotations

Textual amendments

F1: Rules 40.14A, 40.14B inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(e) (with rule 41)
F2: Words in rule 40.14A inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 10

Notes on Part 40

Textual amendments

F1: Pt. 40 heading substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(1)
F2: Pt. 40 Table of Contents substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 4 Pt. 1
F3: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(i) (with rule 41)
F4: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(ii) (with rule 41)
F5: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iii) (with rule 41)
F6: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iv) (with rule 41)

Notes on

Textual amendments

F1: Pt. 40 Section 1 heading inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(2), Sch. 4 Pt. 1