Article 17 Limitation on enforcement

Northern Ireland

(1)

An application under Article 22 or 23 shall not be accepted by the Office—

(a)

in respect of a judgment—

(i)

which may be enforced only by leave of a court, without leave of that court;

(ii)

enforcement of which has been stayed or postponed, so long as the stay or postponement remains in force; or

(b)

without the leave of the Office, after the expiration of six years from the date on which the judgment became enforceable; or

(c)

after the expiration of 12 years from the date on which the judgment became enforceable; or

(d)

in such other circumstances as may be prescribed by rules.

(2)

An application under Article 22 shall not be proceeded with where it is withdrawn by the creditor.

(3)

Subject to paragraph (1), the creditor may, notwithstanding such withdrawal, make a fresh application under Article 22 if he thinks fit so to do.

(4)

A judgment against a firm shall not be enforced otherwise than against property of the firm except by leave of the court, and, upon such leave being granted, may be enforced against the person or persons named in the grant of leave as if the judgment had been given against him or them personally.

(5)

A judgment against a person in a name or style other than his own shall not be enforced without leave of the court, and, upon such leave being granted, may be enforced against the person named in the grant of leave as if the judgment had been given against him personally.

(6)

In paragraphs (4) and (5) “the court” F1means— .

(a)

where the judgment was given by a county court, any county court,

(b)

where the judgment was given by a court of summary jurisdiction, any court of summary jurisdiction,

(c)

in any other case, the court by which the judgment was given.

Annotations

Textual amendments

F1: Words in art. 17(6) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 84(3) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)