Rule 70.1 Scope of this Part and interpretationC1F1
This Part contains general rules about enforcement of judgments and orders.
(Rules about specific methods of enforcement are contained in Parts 71 to 73, F281, F383, 84 and 89, and Schedule 2 CCR Order 28)
In this Part and in Parts 71 to 73—
“judgment creditor” means a person who has obtained or is entitled to enforce a judgment or order;
“judgment debtor” means a person against whom a judgment or order was given or made;
“judgment or order” includes an award which the court has—
registered for enforcement;
ordered to be enforced; or
given permission to enforce
as if it were a judgment or order of the court, and in relation to such an award, “the court which made the judgment or order” means the court which registered the award or made such an order; and
“judgment or order” also includes an award enforceable under the Judgments Regulation (Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)) as if it were an order or judgment of the court, and in relation to such an award “the court which made the judgment or order” means the county court or the High Court.
“judgment or order for the payment of money” includes a judgment or order for the payment of costs, but does not include a judgment or order for the payment of money into court.
Annotations
Textual amendments
- F1
Pt. 70 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 1 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
- F2
Words in rule 70.1 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 30(b)(i) (with rule 41)
- F3
Words in rule 70.1 substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 12 (with rule 25)
- F4
Rule 70.1(2)(ca) inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 16(2)
Modifications
- C1
Pt. 70 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
Notes on Part 70
Textual amendments
- F2
Words in Pt. 70 Table of Contents inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 12(1)
- F3
Words in Pt. 70 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 30(a) (with rule 41)
- F4
Words in Pt. 70 Table of Contents substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 12(a)
- F5
Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
- F6
Words in Pt. 70 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 16(1)
Modifications
- C1
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
- C3
Pt. 70 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.2 (with rules 2.1, 33.1(1))
- C4
Pt. 70 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(a), 24.6(1)