# The Rules of the Supreme Court (Amendment No. 2) 1983, Article 20


Order 71 shall be further amended by revoking rule 14 and by adding at the end the following new rules:—
“III
RECIPROCAL ENFORCEMENT: THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982
Interpretation
25 (1) In this Part of this Order—
“the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982;
“Convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of the Act of 1982, to which the Conventions as defined in section 1(1) of the Act of 1982 apply;
“judgment” is to be construed in accordance with the definition of “judgment” in section 50 of the Act of 1982;
“money provision” means a provision for the payment of one or more sums of money;
“non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money;
“protective measures” means the protective measures referred to in Article 39 of Schedule 1 to the Act of 1982.
(2) For the purposes of this Part of this Order domicile is to be determined in accordance with the provisions of sections 41 to 46 of the Act of 1982.
Assignment of business and exercise of powers
26 Any application to the High Court under the Act of 1982 shall be assigned to the Queen's Bench Division and the powers conferred on the Court by that Act shall be exercised in accordance with the provisions of Order 32, rule 11.
Application for registration
27 An application for registration of a judgment under section 4 of the Act of 1982 shall be made ex parte.
Evidence in support of application
28 (1) An application for registration under section 4 of the Act of 1982 must be supported by an affidavit—
(a) exhibiting—
(i) the judgment or a verified or certified or otherwise duly authenticated copy thereof together with such other document or documents as may be requisite to show that, according to the law of the State in which it has been given, the judgment is enforceable and has been served;
(ii) in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document;
(iii) where it is the case, a document showing that the party making the application is in receipt of legal aid in the State in which the judgment was given;
(iv) where the judgment or document is not in the English language, a translation thereof into English certified by a notary public or a person qualified for the purpose in one of the Contracting States or authenticated by affidavit;
(b) stating—
(i) whether the judgment provides for the payment of a sum or sums of money;
(ii) whether interest is recoverable on the judgment or part thereof in accordance with the law of the State in which the judgment was given, and if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue;
(c) giving an address within the jurisdiction of the Court for service of process on the party making the application and stating, so far as is known to the deponent, the name and the usual or last known address or place of business of the person against whom judgment was given;
(d) stating to the best of the information or belief of the deponent—
(i) the grounds on which the right to enforce the judgment is vested in the party making the application;
(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the part or amount in respect of which it remains unsatisfied.
(2) Where the party making the application does not produce the documents referred to in paragraphs (1)(a)(ii) and (iii) of this rule, the Court may—
(a) fix a time within which the documents are to be produced; or
(b) accept equivalent documents; or
(c) dispense with production of the documents.
Security for costs
29 Notwithstanding the provisions of Order 23 a party making an application for registration under section 4 of the Act of 1982 shall not be required solely on the ground that he is not domiciled or resident within the jurisdiction, to give security for costs of the application.
Order for registration
30 (1) An order giving leave to register a judgment under section 4 of the Act of 1982 must be drawn up by or on behalf of the party making the application for registration.
(2) Every such order shall state the period within which an appeal may be made against the order for registration and shall contain a notification that execution on the judgment will not issue until after the expiration of that period.
(3) The notification referred to in paragraph (2) shall not prevent any application for protective measures pending final determination of any issue relating to enforcement of the judgment.
Register of judgments registered under s. 4 of the Act of 1982
31 There shall be kept in the Central Office under the direction of the senior master a register of the judgments ordered to be registered under section 4 of the Act of 1982.
Notice of registration
32 (1) Notice of the registration of a judgment must be served on the person against whom judgment was given by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the Court may direct.
(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to a writ.
(3) 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.
Appeals
33 (1) An appeal under Article 37 or Article 40 of Schedule 1 to the Act of 1982 must be made by summons to a judge.
(2) A summons in an appeal to which this rule applies must be served—
(a) in the case of an appeal under the said Article 37 of Schedule 1, within one month of service of notice of registration of the judgment, or two months of service of such notice where that notice was served on a party not domiciled within the jurisdiction;
(b) in the case of an appeal under the said Article 40 of Schedule 1, within one month of the determination of the application under rule 27.
(3) If the party against whom judgment was given is not domiciled in a Convention territory and an application is made within two months of service of notice of registration, the Court may extend the period within which an appeal may be made against the order for registration.
Issue of execution
34 (1) Execution shall not issue on a judgment registered under section 4 of the Act of 1982 until after the expiration of the period specified in accordance with rule 30(2) or, if that period has been extended by the Court, until after the expiration of the period so extended.
(2) If an appeal is made under rule 33(1), execution on the judgment shall not issue until after such appeal is determined.
(3) Any party wishing to issue execution on a judgment registered under section 4 of the Act of 1982 must produce to the proper officer an affidavit of service of the notice of registration of the judgment and of any order made by the Court in relation to the judgment.
(4) Nothing in this rule shall prevent the Court from granting protective measures pending final determination of any issue relating to enforcement of the judgment.
Application for recognition
35 (1) Registration of the judgment under these rules shall serve for the purposes of the second paragraph of Article 26 of Schedule 1 to the Act of 1982 as a decision that the judgment is recognised.
(2) Where it is sought to apply for recognition of a judgment, the foregoing rules of this Order shall apply to such application as they apply to an application for registration under section 4 of the Act, with the exception that the applicant shall not be required to produce a document or documents which establish that according to the law of the State in which it has been given the judgment is enforceable and has been served, or the document referred to in rule 28(1)(a)(iii).
Enforcement of High Court judgments in other Contracting States
36 (1) An application under section 12 of the Act of 1982 for a certified copy of a judgment entered in the High Court must be made ex parte on affidavit to the Court.
(2) An affidavit by which an application under section 12 of the Act of 1982 is made must—
(a) give particulars of the proceedings in which the judgment was obtained;
(b) have annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun, the evidence of service thereof on the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based together, where appropriate, with any document under which the applicant is entitled to legal aid or assistance by way of representation for the purposes of the proceedings;
(c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d) show that the judgment has been served in accordance with Order 65, rule 5 and is not subject to any stay of execution;
(e) state that the time for appealing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been given; and
(f) state—
(i) whether the judgment provides for the payment of a sum or sums of money;
(ii) whether interest is recoverable on the judgment or part thereof and if such be the case, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue.
(3) The certified copy of the judgment shall be an office copy sealed with the seal of the Supreme Court and there shall be issued with the copy of the judgment a certificate in Form 110, signed by one of the persons referred to in Order 1, rule 4(2) and sealed with the seal of the Supreme Court, having annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun.
Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions
37 (1) An application for registration in the High Court of a certificate in respect of any money provisions contained in a judgment given in another part of the United Kingdom to which section 18 of the Act of 1982 applies may be made by producing at the Central Office, within six months from the date of its issue, a certificate in the appropriate form prescribed under that Act together with a copy thereof certified by the applicant's solicitor to be a true copy.
(2) A certificate under paragraph (1) must be filed in the Central Office and the certified copy thereof, sealed by an officer of the office in which the certificate is filed, shall be returned to the applicant's solicitor.
(3) A certificate in respect of any money provisions contained in a judgment of the High Court to which section 18 of the Act of 1982 applies may be obtained by producing the form of certificate prescribed in Form 111 at the office in which the judgment is entered, together with an affidavit made by the party entitled to enforce the judgment—
(a) giving particulars of the judgment, stating the sum or aggregate of the sums (including any costs or expenses) payable and unsatisfied under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;
(b) verifying that the time for appealing against the judgment has expired, or that any appeal brought has been finally disposed of and that enforcement of the judgment is not stayed or suspended; and
(c) stating to the best of the information or belief of the deponent the usual or last known address of the party entitled to enforce the judgment and of the party liable to execution on it.
Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisions
38 (1) An application for registration in the High Court of a judgment which contains non-money provisions, being a judgment given in another part of the United Kingdom to which section 18 of the Act of 1982 applies, may be made ex parte, but the Court hearing the application may direct the issue of a summons to which paragraphs (2) and (3) of rule 2 shall apply.
(2) An application under paragraph (1) must be accompanied by a certified copy of the judgment issued under Schedule 7 to the Act of 1982 and a certificate in Form 112 issued not more than six months before the date of application.
(3) Rules 30 and 32 of this Order shall apply to judgments registered under Schedule 7 to the Act of 1982 as they apply to judgments registered under section 4 of that Act.
(4) Paragraphs (1) and (2) of rule 9 shall apply to applications to set aside registration of a judgment under Schedule 7 to the Act of 1982 as they apply to judgments registered under the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcements) Act 1933.
(5) A certified copy of a judgment of the High Court to which section 18 of the Act of 1982 applies and which contains any non-money provision may be obtained by an ex parte application on affidavit to the Court.
(6) The requirements in paragraph (3) of rule 37 shall apply with the necessary modifications to an affidavit made in an application under paragraph (5) of this rule.
(7) A certified copy of a judgment shall be an office copy sealed with the seal of the Supreme Court and indorsed with a certificate signed by a master or, where appropriate, a registrar certifying—
(a) that the copy is a true copy of a judgment obtained in the High Court;
(b) that it is issued in accordance with section 18 of the Act of 1982; and
(c) that the conditions specified in paragraphs 3(a) and (b) of Schedule 7 to that Act are satisfied in relation to the judgment.
Register of United Kingdom judgments
39 There shall be kept in the Central Office under the direction of the senior master a register of the certificates in respect of judgments and of the judgments ordered to be registered in the Central Office under Schedule 6, or, as the case may be, Schedule 7 to the Act.”.

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Source: https://www.legislation.gov.uk/uksi/1983/1181/article/20 (the official version)
Page: https://openlegislation.uk/rules-of-the-supreme-court-amendment-no-2-1983/article-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.