Enforcement under Part II of the Administration of Justice Act 1920 (the 1920 Act)
Produced in partnership with Laurence Emmett
Enforcement under Part II of the Administration of Justice Act 1920 (the 1920 Act)

The following Dispute Resolution guidance note Produced in partnership with Laurence Emmett provides comprehensive and up to date legal information covering:

  • Enforcement under Part II of the Administration of Justice Act 1920 (the 1920 Act)
  • What can be enforced?
  • What territories does the AJA 1920 apply to?
  • Requirement for registration
  • Conditions and procedure for registration
  • Evidence in support of application for registration
  • Late application
  • The Registration Order
  • Effect of registration
  • AJA 1920—when registration will be refused
  • more

This Practice Note sets out the application of the Administration of Justice Act 1920 (AJA 1920) for the enforcement of foreign judgments obtained from superior courts in from specified territories. The need for registration of the judgment in the High Court is covered as well as when it may be refused. The conditions and procedure for registration are explained as well as the effect of a registration order. The ability to apply to set such an order aside or have it stayed are also considered.

Note: The relevant sections for enforcement of judgments are AJA 1920, ss 9–14, sections 1–8 having been repealed.

The following definitions are used in this Practice Note and are identical to those in AJA 1920, s 12(1):

  1. original court—the court where the judgment was given

  2. registering court—the court in which registration of the judgment for the purposes of enforcement is being sought

  3. judgment creditor—the party who obtained the judgment

What can be enforced?

The AJA 1920 provides for the enforcement of judgments given by a superior court in one of the territories to which the act applies (AJA 1920, s 9).

A judgment is defined in AJA 1920, s 12(1) as follows:

'The expression “judgment” means any judgment or order given or made by a court in any civil proceedings, whether before or after the passing of this