Section 5 Powers of registering court on application to set aside registration.C1

(1)

If, on an application to set aside the registration of a judgment, the applicant satisfies the registering court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment, the court, if it thinks fit, may, on such terms as it may think just, either set aside the registration or adjourn the application to set aside the registration until after the expiration of such period as appears to the court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the competent tribunal.

(2)

Where the registration of a judgment is set aside under the last foregoing subsection, or solely for the reason that the judgment was not at the date of the application for registration enforceable by execution in the country of the original court, the setting aside of the registration shall not prejudice a further application to register the judgment when the appeal has been disposed of or if and when the judgment becomes enforceable by execution in that country, as the case may be.

(3)

Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable thereunder, the registering court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining payable at that date.

Annotations

Modifications

C1: S. 5 extended by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 4

Notes on Part I

Modifications

C1

Pt. I applied (with modifications) by Carriage of Goods by Road Act 1965 (c. 37), ss. 4, 11(2)

Pt. I applied (with modifications) by Nuclear Installations Act 1965 (c. 57), s. 17(4)

Pt. I applied (with modifications) by Merchant Shipping (Oil Pollution) Act 1971 (c. 59), s. 13(3)

Pt. I applied (with modifications) by Carriage of Passengers by Road Act 1974 (c. 35), s. 5

Pt. I applied (with modifications) by Merchant Shipping Act 1974 (c. 43), ss. 6(4)(5), 24(2)

C2

Pt. I restricted by Protection of Trading Interests Act 1980 (c. 11, SIF 124:1), s. 5

C3

Pt. I extended and modified by International Transport Convention Act 1983 (c. 14, SIF 102), s. 6

C4

Pt. I extended by S.I. 1987/468, arts. 2, 3

C5

Pt. I extended to Australia (with modifications) (1.9.1994) by S.I. 1994/1901, arts. 1, 2

Pt. I extended (with modifications) (temp. from 1.1.1996 to 30.5.1996) by 1995 c. 21, ss. 166(3) (as set out in Sch. 4), 171, 182, 316(2), Sch. 4 (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

Pt. I extended (with modifications) (30.5.1996) by 1995 c. 21, ss. 166(4), 171, 182, 316(2) (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

Pt. I extended (with modifications) (temp. from 1.1.1996 to 30.5.1996) by 1995 c. 21, ss. 171, 177(4) (as set out in Sch. 4), 182, 316(2) (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

Pt. I extended (with modifications) (30.5.1996) by 1995 c. 21, ss. 177(4), 171, 182, 316(2) (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

C6

Pt. I restricted (with modifications) (temp. from 1.1.1996 to 30.5.1996) by 1995 c. 21, ss. 166(3) (as set out in Sch. 4), 171, 182, 316(2), Sch. 4 (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

Pt. I restricted (with modifications) (30.5.1996) by 1995 c. 21, ss. 166(4), 171, 182, 316(2) (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

Pt. I restricted (with modifications) (temp. from 1.1.1996 to 30.5.1996) by 1995 c. 21, ss. 171, 177(4) (as set out in Sch. 4), 182, 316(2) (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

Pt. I restricted (with modifications) (30.5.1996) by 1995 c. 21, ss. 177(4), 171, 182, 316(2) (with ss. 167(1), 169, 312(1)); S.I. 1996/1210, art. 2

C7

Pt. 1 applied (with modifications) by The Railways (Convention on International Carriage by Rail) Regulations 2005 (S.I. 2005/2092), reg. 8 (the amendment coming into force in accordance with reg. 1 of the amending Regulations)

C8

Pt. 1 applied (with modifications) by 1995 c. 21, s. 166(4) (as inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 20(4) (with reg. 1(5))