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Rule 31.11 Notification of the court's decision on an application for registration or non-recognition

(1)

Where the court has —

(a)

made an order on an application for an order that a judgment should be registered for enforcement; or

(b)

refused an application that a judgment should not be recognised and ordered under rule 31.10 that the judgment be registered for enforcement,

the court officer will as soon as practicable take the appropriate action under paragraph (2) or (3).

(2)

If the court refuses the application for the judgment to be registered for enforcement, the court officer will serve the order on the applicant and the person against whom judgment was given in the state of origin.

(3)

If the court orders that the judgment should be registered for enforcement, the court officer will —

(a)

register the judgment in the central index of judgments kept by the principal registry;

(b)

confirm on the order that the judgment has been registered; and

(c)

serve on the parties the court's order endorsed with the court officer's confirmation that the judgment has been registered.

(4)

A sealed order of the court endorsed in accordance with paragraph (3)(b) will constitute notification that the judgment has been registered under F1... Article 26 of the 1996 Hague Convention F2..., and in this Part “notice of registration” means a sealed order so endorsed.

(5)

The notice of registration must state —

(a)

full particulars of the judgment registered and the order for registration;

(b)

the name of the party making the application and his address for service within the jurisdiction;

(c)

the right of the person against whom judgment was given to appeal against the order for registration; and

(d)

the period within which an appeal against the order for registration may be made.

Annotations

Textual amendments

F1

Words in rule 31.11(4) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 18(12)(a) (with reg. 26) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in rule 31.11(4) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 18(12)(b) (with reg. 26) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 31

Textual amendments

F1

Words in Pt. 31 heading omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 18(2) (with reg. 26) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)