Q&As

Can protective measures be made at the same time as making the application for registration under Brussels I? CPR 74.9(1) seems to restrict any enforcement action until after the time for appeal has elapsed and therefore not at the same time as the application for registration.

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Published on LexisPSL on 03/10/2019

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

  • Can protective measures be made at the same time as making the application for registration under Brussels I? CPR 74.9(1) seems to restrict any enforcement action until after the time for appeal has elapsed and therefore not at the same time as the application for registration.
  • CPR provisions
  • Brussels I provisions
  • Protective measures at the same time as enforcement of a judgment
  • Appeal of the underlying judgment
  • Appeal of the declaration of enforceability

For the purpose of this Q&A, we have assumed that enforcement is being sought under Regulation (EC) 44/2001, Brussels I and not Regulation (EU) 1215/2012, Brussels I (recast). This means that the proceedings in which judgment has been given were commenced prior to 10 January 2015 (Article 66 of Regulation (EU) 1215/2012, Brussels I (recast)).

CPR provisions

CPR 74.9(1) states that when enforcing a judgment that falls within the Judgments Regulation the judgment creditor must comply with Article 43 of the regulation.

The Judgments Regulation is defined in CPR 74.1 as:

‘Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied pursuant to the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

The provisions in CPR 74.9(1) therefore apply to Regulation (EU) 1215/2012, Brussels I (recast) but they do

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