Enforcing judgments of the courts of England and Wales in Scotland or Northern Ireland

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Enforcing judgments of the courts of England and Wales in Scotland or Northern Ireland
  • Definitions
  • Relevant regime/procedural rules
  • Enforcement under the CJJA 1982—money vs non-money provisions in judgments
  • Money judgments—appropriate certificate required
  • Non-money judgments—certified copy of the judgment required
  • Registration under the CJJA 1982—process and effect
  • Money provisions
  • Non-money provisions
  • Registration under the CJJA 1982—stays (or sisting) and setting aside
  • More...

Enforcing judgments of the courts of England and Wales in Scotland or Northern Ireland

This Practice Note considers the enforcement of judgments in Scotland or Northern Ireland of the courts of England and Wales under section 18 of the Civil Jurisdiction and Judgments Act 1982. The distinction between the process of enforcing any money provisions in a judgment and non-money provisions in a judgment is addressed, including the different documents required in order to complete the necessary registration. Registration itself is also discussed. The process of obtaining those documents under CPR 74 and CPR PD 74A is discussed, including the evidence required in applying for those documents and the form they take.

For general considerations when seeking to enforce a judgment of the courts of England and Wales out of the jurisdiction, see Practice Note: Enforcing judgments of the courts of England and Wales outside of the jurisdiction—principles.

Definitions

The following definitions are used throughout this Practice Note:

  1. CJJA 1982—the Civil Jurisdiction and Judgments Act 1982

  2. judgment—defined in the CJJA 1982, s 18 for the purposes of enforcing UK judgments in other parts of the UK. Note this includes what is not a judgment for those purposes

  3. money provision—defined in CJJA 1982, Sch 6, para 1 as a ‘provision for the payment of one or more sums of money’. See also the same definition at CPR 74.14(a)

  4. non-money

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