Q&As

A Polish judgment has been registered for enforcement in the UK, but the defendant did not appeal the registration order in time. Is there a procedure to stay enforcement and apply for an instalment order or must this be done in the originating country?

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Published on LexisPSL on 29/03/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • A Polish judgment has been registered for enforcement in the UK, but the defendant did not appeal the registration order in time. Is there a procedure to stay enforcement and apply for an instalment order or must this be done in the originating country?
  • Appealing the registration of a foreign judgment
  • Extension of time to appeal
  • Enforcement of a foreign judgment
  • Domestic enforcement

A Polish judgment has been registered for enforcement in the UK, but the defendant did not appeal the registration order in time. Is there a procedure to stay enforcement and apply for an instalment order or must this be done in the originating country?

We have assumed that the proceedings were commenced after 10 January 2015 and that enforcement is taking place under Regulation (EU) 1215/2012, Brussels I (recast).

Appealing the registration of a foreign judgment

When seeking to enforce a foreign judgment in England and Wales, the foreign judgment will need to be registered in the English courts. The rules in CPR 74.1 provide for this. Where a foreign judgment has been registered, the defendant in the claim is able to make an appeal against that registration. This is provided for in CPR 74.8. The timing for making an appeal is set out in CPR 74.8(4) as follows:

‘(4) The appellant's notice must be served—

(a) where the appeal is against the granting of registration, within—

(i) one month; or

(ii) where service is to be effected on a party not domiciled within the jurisdiction, two months, of service of the registration order’

The party against whom enforcement is sought must appeal the decision within the specific time frame set out in the rule as seen in Verdoliva v BM Van Hoeven, where the Court of Justice stated that the time

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