Regulation 9 Exempt judgments – High Court and county courts

Regulation 8(1)(a) does not apply to—

(a)

any judgment made—

(i)

in family proceedings;

(ii)

by the Administrative Court; or

(iii)

by the Technology and Construction Court;

(b)

any judgment made in proceedings which are the subject of an appeal under Part 52 of the 1998 Rules, until that appeal has been determined;

(c)

any judgment, other than a liability order designated under section 33(5) of the Child Support Act 1991, where the hearing was contested, until—

(i)

an order is made for payment by instalments following an application by the judgment creditor;

(ii)

an application is made for payment by instalments by the judgment debtor;

(iii)

the judgment creditor takes any step to enforce the judgment under Part 70 of the 1998 Rules (general rules about enforcement of judgments and orders);

(iv)

the judgment creditor applies for an order under Part 71 of the 1998 Rules (orders to obtain information from judgment debtors);

(v)

the judgment creditor applies for a certificate of judgment under rule 8 of CCR Order 22 in Schedule 2 to the 1998 Rules;

(d)

an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order under Part 70 of the 1998 Rules;

(e)

an order of a county court under—

(i)

section 73(15) of the Road Traffic Act 1991 M1 (order for the recovery of an amount which is payable under an adjudication of a parking adjudicator); or

(ii)

paragraph 7 of Schedule 6 to that Act (order for the recovery of an increased penalty charge).

Annotations

Marginal citations

M1: 1991 c. 40.