Rule 74.2 InterpretationF1

(1)

In this Section—

(a)

“Contracting State” has the meaning given in section 1(3) of the 1982 Act;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

“judgment” means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—

(i)

a decree;

(ii)

an order;

(iii)

a decision;

(iv)

a writ of execution F3or a writ of control; and

(v)

the determination of costs by an officer of the court;

(d)

“State of origin”, in relation to any judgment, means the State in which that judgment was givenF4;

(F5e)

“writ of control” is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007;

(f)

“writ of execution” includes—

(i)

a writ of possession;

(ii)

a writ of delivery;

(iii)

a writ of sequestration;

(iv)

a writ of fieri facias de bonis ecclesiasticis,

and any further writ in favour of any such writs, but does not include a writ of control.

F6(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8
F2: Rule 74.2(1)(b) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(4)(a) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in rule 74.2(1)(c)(iv) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(i) (with rule 41)
F4: Rule 74.2(1)(d): semicolon substituted for full stop (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(ii) (with rule 41)
F5: Rule 74.2(1)(e)(f) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(b)(iii) (with rule 41)
F6: Rule 74.2(2) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(4)(b) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 74

Textual amendments

F2: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(a) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Pt. 74 Table of Contents substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(1) (with rule 2)
F4: Words in Pt. 74 Table of Contents substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(a) (with rule 41)
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. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(b) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Pt. 74 Table of Contents inserted (11.1.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(b), 13(a)
F8: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(c) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(d) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(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)