The Civil Procedure Rules 1998

• (b) must be supported by written evidence.

Service of order appointing receiver

69.4

An order appointing a receiver must be served by the party who applied for it on—

• (a) the person appointed as receiver;

• (b) unless the court orders otherwise, every other party to the proceedings; and

• (c) such other persons as the court may direct.

Security

69.5

• (1) The court may direct that before a receiver begins to act or within a specified time he must either—

• (a) give such security as the court may determine; or

• (b) file and serve on all parties to the proceedings evidence that he already has in force sufficient security,

to cover his liability for his acts and omissions as a receiver.

• (2) The court may terminate the appointment of the receiver if he fails to—

• (a) give the security; or

• (b) satisfy the court as to the security he has in force,

by the date specified.

Receiver’s application for directions

69.6

• (1) The receiver may apply to the court at any time for directions to assist him in carrying out his function as a receiver.

• (2) The court, when it gives directions, may also direct the receiver to serve on any person—

• (a) the directions; and

• (b) the application for directions.

• (Practice Direction 69 makes provision for the form of applications by, and directions to, a receiver.)

Receiver’s remuneration

69.7

• (1) A receiver may only charge for his services if the court—

• (a) so directs; and

• (b) specifies the basis on which the receiver is to be remunerated.

• (2) The court may specify—

• (a) who is to be responsible for paying the receiver; and

• (b) the fund or property from which the receiver is to recover his remuneration.

• (3) If the court directs that the amount of a receiver’s remuneration is to be determined by the court—

• (a) the receiver may not recover any remuneration for his services without a determination by the court; and

• (b) the receiver or any party may apply at any time for such a determination to take place.

• (4) Unless the court orders otherwise, in determining the remuneration of a receiver the court shall award such sum as is reasonable and proportionate in all the circumstances and which takes into account—

• (a) the time properly given by him and his staff to the receivership;

• (b) the complexity of the receivership;

• (c) any responsibility of an exceptional kind or degree which falls on the receiver in consequence of the receivership;

• (d) the effectiveness with which the receiver appears to be carrying out, or to have carried out, his duties; and

• (e) the value and nature of the subject matter of the receivership.

• (5) The court may refer the determination of a receiver’s remuneration to a costs judge.

Accounts

69.8

• (1) The court may order a receiver to prepare and serve accounts.

• (Practice Direction 69 contains provisions about directions for the preparation and service of accounts.)

• (2) A party served with such accounts may apply for an order permitting him to inspect any document in the possession of the receiver relevant to those accounts.

• (3) Any party may, within 14 days of being served with the accounts, serve notice on the receiver—

• (a) specifying any item in the accounts to which he objects;

• (b) giving the reason for such objection; and

• (c) requiring the receiver, within 14 days of receipt of the notice, either—

• (i) to notify all the parties who were served with the accounts that he accepts the objection; or

• (ii) if he does not accept the objection, to apply for an examination of the accounts in relation to the contested item.

• (4) When the receiver applies for the examination of the accounts he must at the same time file—

• (a) the accounts; and

• (b) a copy of the notice served on him under this rule.

• (5) If the receiver fails to comply with paragraph (3)(c) of this rule, any party may apply to the court for an examination of the accounts in relation to the contested item.

• (6) At the conclusion of its examination of the accounts the court will certify the result.

• (Practice Direction 40A provides for inquiries into accounts.)

Non-compliance by receiver

69.9

• (1) If a receiver fails to comply with any rule, practice direction or direction of the court the court may order him to attend a hearing to explain his non-compliance.

• (2) At the hearing the court may make any order it considers appropriate, including—

• (a) terminating the appointment of the receiver;

• (b) reducing the receiver’s remuneration or disallowing it altogether; and

• (c) ordering the receiver to pay the costs of any party.

• (3) Where—

• (a) the court has ordered a receiver to pay a sum of money into court; and

• (b) the receiver has failed to do so,

the court may order him to pay interest on that sum for the time he is in default at such rate as it considers appropriate.

Application for discharge of receiver

69.10

• (1) A receiver or any party may apply for the receiver to be discharged on completion of his duties.

• (2) The application notice must be served on the persons who were required under rule 69.4 to be served with the order appointing the receiver.

Order discharging or terminating appointment of receiver

69.11

• (1) An order discharging or terminating the appointment of a receiver may—

• (a) require him to pay into court any money held by him; or

• (b) specify the person to whom he must pay any money or transfer any assets still in his possession; and

• (c) make provision for the discharge or cancellation of any guarantee given by the receiver as security.

• (2) The order must be served on the persons who were required under rule 69.4 to be served with the order appointing the receiver.

PART 70 — GENERAL RULES ABOUT ENFORCEMENT OFJUDGMENTS AND ORDERS

Scope of this Part and interpretation	Rule 70.1
Application for order	Rule 70.1A
Methods of enforcing judgments or orders	Rule 70.2
Court may order act to be done at expense of disobedient party	Rule 70.2A
Transfer of proceedings for enforcement	Rule 70.3
Enforcement of judgment or order by or against non-party	Rule 70.4
Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment	Rule 70.5
Effect of setting aside judgment or order	Rule 70.6
Debt respite scheme	Rule 70.7

Scope of this Part and interpretation

70.1

• (1) This Part contains general rules about enforcement of judgments and orders.

Application for order

70.1A

• (1) In this rule, reference to a fine is to a fine imposed under the County Courts Act 1984.

• (2) If a fine is not paid in accordance with the order imposing it, the court officer shall, as soon as reasonably possible, report the matter to a judge.

• (3) Where a fine is directed to be paid by instalments, default in the payment of any instalment may be taken as if default had been made in payment of the whole of the fine.

• (4) If an order is made for payment of a fine to be enforced by warrant of control, the order shall be treated as an application to the court for the issue of the warrant at the time when the order was made.

• (5) If a person pays a fine and later gives evidence to satisfy the court that, if the evidence had been given earlier, no fine or a smaller fine would have been imposed, the court may order the whole or part of the fine to be repaid.

Methods of enforcing judgments or orders

70.2

• (1) Practice Direction 70A sets out methods of enforcing judgments or orders for the payment of money.

• (2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise—

• (a) use any method of enforcement which is available; and

• (b) use more than one method of enforcement, either at the same time or one after another.

Court may order act to be done at expense of disobedient party

70.2A

• (1) In this rule “disobedient party” means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.

• (2) Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by another person, being—

• (a) the party by whom the order or judgment was obtained; or

• (b) some other person appointed by the court.

• (3) Where paragraph (2) applies—

• (a) the costs to another person of doing the act will be borne by the disobedient party;

• (b) upon the act being done the expenses incurred may be ascertained in such manner as the court directs; and

• (c) execution may issue against the disobedient party for the amount so ascertained and for costs.

• (4) Paragraph (2) is without prejudice to—

• (a) the court’s powers under section 39 of the Senior Courts Act 1981; and

• (b) the court’s powers to punish the disobedient party for contempt.

Transfer of proceedings for enforcement

70.3

• (1) Subject to rule 83.17, a judgment creditor wishing to enforce a High Court judgment or order in the County Court must apply to the High Court for an order transferring the proceedings.

• (2) A practice direction may make provisions about the transfer of proceedings for enforcement.

Enforcement of judgment or order by or against non-party

70.4

If a judgment or order is given or made in favour of or against a person who is not a party to proceedings, it may be enforced by or against that person by the same methods as if he were a party.

Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment

70.5

• (1) This rule applies, subject to paragraph (2), where an enactment provides that—

• (a) a decision of a court, tribunal, body or person other than the High Court or the County Court; or

• (b) a compromise,

may be enforced as if it were a court order or that any sum of money payable under that decision or compromise may be recoverable as if payable under a court order.

• (2) This rule does not apply to—

• (a) any judgment to which Part 74 applies;

• (b) arbitration awards;

• (c) any order to which RSC Order 115 applies; or

• (d) proceedings to which Part 75 (traffic enforcement) applies.

• (2A) Unless paragraph (3) applies, a party may enforce the decision or compromise by applying for a specific method of enforcement under Parts 71 to 73, 81, 83, 84 and 89, and Schedule 2 CCR Order 28 and must—

• (a) file with the court a copy of the decision or compromise being enforced; and

• (b) provide the court with the information required by Practice Direction 70A.

• (3) If an enactment provides that a decision or compromise is enforceable or a sum of money is recoverable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7A) of this rule.

• (4) The application—

• (a) may, unless paragraph (4A) applies, be made without notice; and

• (b) must be made to the court for the district where the person against whom the order is sought, resides or carries on business, unless an enactment, rule or practice direction provides otherwise or the court otherwise orders.

• (4A) Where a compromise requires a person to whom a sum of money is payable under the compromise to do anything in addition to discontinuing or not starting proceedings (“a conditional compromise”), an application under paragraph (4) must be made on notice.

• (5) The application notice must—

• (a) be in the form; and

• (b) contain the information

required by Practice Direction 70A.

• (6) A copy of the decision or compromise must be filed with the application notice.

• (7) An application other than in relation to a conditional compromise may be dealt with by a court officer without a hearing.

• (7A) Where an application relates to a conditional compromise, the respondent may oppose it by filing a response within 14 days of service of the application notice and if the respondent—

• (a) does not file a response within the time allowed, the court will make the order; or

• (b) files a response within the time allowed, the court will make such order as appears appropriate.

• (8) If an enactment provides that a decision or compromise may be enforced in the same manner as an order of the High Court if it is registered, any application to the High Court for registration must be made in accordance with Practice Direction 70A.

Effect of setting aside judgment or order

70.6

If a judgment or order is set aside, any enforcement of the judgment or order shall cease to have effect unless the court otherwise orders.

Debt respite scheme

70.7

• (1) A practice direction may make provision for procedure relating to any debt respite scheme established under section 7 of the Financial Guidance and Claims Act 2018.

• (2) The practice direction may modify or disapply any provision of these Rules as appropriate in relation to such a debt respite scheme.

PART 71 — ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

Scope of this Part	Rule 71.1
Order to attend court	Rule 71.2
Service of order	Rule 71.3
Travelling expenses	Rule 71.4
Judgment creditor’s affidavit	Rule 71.5
Conduct of the hearing	Rule 71.6
Adjournment of the hearing	Rule 71.7
Failure to comply with order	Rule 71.8

Scope of this Part

71.1

This Part contains rules which provide for a judgment debtor to be required to attend court to provide information, for the purpose of enabling a judgment creditor to enforce a judgment or order against him.

Order to attend court

71.2

• (1) A judgment creditor may apply for an order requiring—

• (a) a judgment debtor; or

• (b) if a judgment debtor is a company or other corporation, an officer of that body,

to attend court to provide information about—

• (i) the judgment debtor’s means; or

• (ii) any other matter about which information is needed to enforce a judgment or order.

• (2) An application under paragraph (1)—

• (a) may be made without notice; and

• (b) must be issued in the court or County Court hearing centre which made the judgment or order which it is sought to enforce, except that—

• (i) if the proceedings have since been transferred to a different court or hearing centre, it must be issued in that court; or

• (ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in the Civil National Business Centre, it must be issued in accordance with section 2 of Practice Direction 70.

• (3) The application notice must—

• (a) be in the form; and

• (b) contain the information

required by Practice Direction 71.

• (4) An application under paragraph (1) may be dealt with by a court officer without a hearing.

• (5) If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).

• (6) A person served with an order issued under this rule must—

• (a) attend court at the time and place specified in the order;

• (b) when he does so, produce at court documents in his control which are described in the order; and

• (c) answer on oath such questions as the court may require.

• (7) An order under this rule will contain a notice in the following terms , or in terms to substantially the same effect—

• If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law.

Service of order

71.3

• (1) An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing.

• (2) If the order is to be served by the judgment creditor, he must inform the court not less than 7 days before the date of the hearing if he has been unable to serve it.

Travelling expenses

71.4

• (1) A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from court.

• (2) The judgment creditor must pay such a sum if requested.

Judgment creditor’s affidavit

71.5

• (1) The judgment creditor must file an affidavit(GL) or affidavits—

• (a) by the person who served the order (unless it was served by the court) giving details of how and when it was served;

• (b) stating either that—

• (i) the person ordered to attend court has not requested payment of his travelling expenses; or

• (ii) the judgment creditor has paid a sum in accordance with such a request; and

• (c) stating how much of the judgment debt remains unpaid.

• (2) The judgment creditor must either—

• (a) file the affidavit(GL) or affidavits not less than 2 days before the hearing; or

• (b) produce it or them at the hearing.

Conduct of the hearing

71.6

• (1) The person ordered to attend court will be questioned on oath.

• (2) The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before a judge.

• (3) The judgment creditor or his representative—

• (a) may attend and ask questions where the questioning takes place before a court officer; and

• (b) must attend and conduct the questioning if the hearing is before a judge.

Adjournment of the hearing

71.7

If the hearing is adjourned, the court will give directions as to the manner in which notice of the new hearing is to be served on the person ordered to attend court.

Failure to comply with order

71.8

• (1) If a person against whom an order has been made under rule 71.2—

• (a) fails to attend court;

• (b) refuses at the hearing to take the oath or to answer any question; or

• (c) otherwise fails to comply with the order,

PART 72 — THIRD PARTY DEBT ORDERS

Scope of this Part and interpretation	Rule 72.1
Third party debt order	Rule 72.2
Application for third party debt order	Rule 72.3
Interim third party debt order	Rule 72.4
Service of interim order	Rule 72.5
Obligations of third parties served with interim order	Rule 72.6
Arrangements for debtors in hardship	Rule 72.7
Further consideration of the application	Rule 72.8
Effect of final third party debt order	Rule 72.9
Money in court	Rule 72.10
Costs	Rule 72.11

Scope of this Part and interpretation

72.1

• (1) This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor.

• (2) In this Part, “bank or building society” includes any person carrying on a business in the course of which he lawfully accepts deposits in the United Kingdom.

Third party debt order

72.2

• (1) Upon the application of a judgment creditor, the court may make an order (a “final third party debt order”) requiring a third party to pay to the judgment creditor—

• (a) the amount of any debt due or accruing due to the judgment debtor from the third party; or

• (b) so much of that debt as is sufficient to satisfy the judgment debt and the judgment creditor’s costs of the application.

• (2) The court will not make an order under paragraph 1 without first making an order (an “interim third party debt order”) as provided by rule 72.4(2).

• (3) In deciding whether money standing to the credit of the judgment debtor in an account to which section 40 of the Supreme Court Act 1981 or section 108 of the County Courts Act 1984 relates may be made the subject of a third party debt order, any condition applying to the account that a receipt for money deposited in the account must be produced before any money is withdrawn will be disregarded.

Application for third party debt order

72.3

• (1) An application for a third party debt order—

• (a) may be made without notice; and

• (b) must be issued in the court which made the judgment or order which it is sought to enforce, except that—

• (i) if the proceedings have since been transferred to a different court, it must be issued in that court; or

• (ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in the Civil National Business Centre , it must be issued in accordance with section 2 of Practice Direction 70.

• (2) The application notice must—

• (a) required by Practice Direction 72; and

• (i) be in the form; and

• (ii) contain the information

• (b) be verified by a statement of truth.

Interim third party debt order

72.4

• (1) An application for a third party debt order will initially be dealt with by a judge without a hearing.

• (2) The judge may make an interim third party debt order—

• (a) fixing a hearing to consider whether to make a final third party debt order; and

• (b) directing that until that hearing the third party must not make any payment which reduces the amount he owes the judgment debtor to less than the amount specified in the order.

• (3) An interim third party debt order will specify the amount of money which the third party must retain, which will be the total of—

• (a) the amount of money remaining due to the judgment creditor under the judgment or order; and

• (b) an amount for the judgment creditor’s fixed costs of the application, as specified in Practice Direction 72.

• (4) An interim third party debt order becomes binding on a third party when it is served on him.

• (5) The date of the hearing to consider the application shall be not less than 28 days after the interim third party debt order is made.

Service of interim order

72.5

• (1) Copies of an interim third party debt order, the application notice and any documents filed in support of it must be served—

• (a) on the third party, not less than 21 days before the date fixed for the hearing; and

• (b) on the judgment debtor not less than—

• (i) 7 days after a copy has been served on the third party; and

• (ii) 7 days before the date fixed for the hearing.

• (2) If the judgment creditor serves the order, he must either—

• (a) file a certificate of service not less than 2 days before the hearing; or

• (b) produce a certificate of service at the hearing.

Obligations of third parties served with interim order

72.6

• (1) A bank or building society served with an interim third party debt order must carry out a search to identify all accounts held with it by the judgment debtor.

• (2) The bank or building society must disclose to the court and the creditor within 7 days of being served with the order, in respect of each account held by the judgment debtor—

• (a) the number of the account;

• (b) whether the account is in credit; and

• (c) if the account is in credit—

• (i) whether the balance of the account is sufficient to cover the amount specified in the order; ...

• (ii) the amount of the balance at the date it was served with the order, if it is less than the amount specified in the order ; and

• (iii) whether the bank or building society asserts any right to the money in the account, whether pursuant to a right of set-off or otherwise, and if so giving details of the grounds for that assertion.

• (3) If—

• (a) the judgment debtor does not hold an account with the bank or building society; or

• (b) the bank or building society is unable to comply with the order for any other reason (for example, because it has more than one account holder whose details match the information contained in the order, and cannot identify which account the order applies to),

the bank or building society must inform the court and the judgment creditor of that fact within 7 days of being served with the order.

• (4) Any third party other than a bank or building society served with an interim third party debt order must notify the court and the judgment creditor in writing within 7 days of being served with the order, if he claims—

• (a) not to owe any money to the judgment debtor; or

• (b) to owe less than the amount specified in the order.

Arrangements for debtors in hardship

72.7

• (1) If—

• (a) a judgment debtor is an individual;

• (b) he is prevented from withdrawing money from his account with a bank or building society as a result of an interim third party debt order; and

• (c) he or his family is suffering hardship in meeting ordinary living expenses as a result,

the court may, on an application by the judgment debtor, make an order permitting the bank or building society to make a payment or payments out of the account (“a hardship payment order”).

• (2) An application for a hardship payment order may be made—

• (a) in High Court proceedings, at the Royal Courts of Justice or to any district registry; and

• (b) in County Court proceedings, to any County Court hearing centre.

• (3) A judgment debtor may only apply to one court for a hardship payment order.

• (4) An application notice seeking a hardship payment order must—

• (a) include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and

• (b) be verified by a statement of truth.

• (5) Unless the court orders otherwise, the application notice—

• (a) must be served on the judgment creditor at least 2 days before the hearing; but

• (b) does not need to be served on the third party.

• (6) A hardship payment order may—

• (a) permit the third party to make one or more payments out of the account; and

• (b) specify to whom the payments may be made.

Further consideration of the application

72.8

• (1) If the judgment debtor or the third party objects to the court making a final third party debt order, he must file and serve written evidence stating the grounds for his objections.

• (2) If the judgment debtor or the third party knows or believes that a person other than the judgment debtor has any claim to the money specified in the interim order, he must file and serve written evidence stating his knowledge of that matter.

• (3) If—

• (a) the third party has given notice under rule 72.6 that he does not owe any money to the judgment debtor, or that the amount which he owes is less than the amount specified in the interim order; and

• (b) the judgment creditor wishes to dispute this,

the judgment creditor must file and serve written evidence setting out the grounds on which he disputes the third party’s case.

• (4) Written evidence under paragraphs (1), (2) or (3) must be filed and served on each other party as soon as possible, and in any event not less than 3 days before the hearing.

• (5) If the court is notified that some person other than the judgment debtor may have a claim to the money specified in the interim order, it will serve on that person notice of the application and the hearing.

• (6) At the hearing the court may—

• (a) make a final third party debt order;

• (b) discharge the interim third party debt order and dismiss the application;

• (c) decide any issues in dispute between the parties, or between any of the parties and any other person who has a claim to the money specified in the interim order; or

• (d) direct a trial of any such issues, and if necessary give directions.

Effect of final third party order

72.9

• (1) A final third party debt order shall be enforceable as an order to pay money.

• (2) If—

• (a) the third party pays money to the judgment creditor in compliance with a third party debt order; or

• (b) the order is enforced against him,

the third party shall, to the extent of the amount paid by him or realised by enforcement against him, be discharged from his debt to the judgment debtor.

• (3) Paragraph (2) applies even if the third party debt order, or the original judgment or order against the judgment debtor, is later set aside.

Money in court

72.10

• (1) If money is standing to the credit of the judgment debtor in court—

• (a) the judgment creditor may not apply for a third party debt order in respect of that money; but

• (b) he may apply for an order that the money in court, or so much of it as is sufficient to satisfy the judgment or order and the costs of the application, be paid to him.

• (2) An application notice seeking an order under this rule must be served on—

• (a) the judgment debtor; and

• (b) the Accountant General at the Court Funds Office.

• (3) If an application notice has been issued under this rule, the money in court must not be paid out until the application has been disposed of.

Costs

72.11

If the judgment creditor is awarded costs on an application for an order under rule 72.2 or 72.10—

• (a) he shall, unless the court otherwise directs, retain those costs out of the money recovered by him under the order; and

• (b) the costs shall be deemed to be paid first out of the money he recovers, in priority to the judgment debt.

PART 73 — CHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Scope of this Part and interpretation	Rule 73.1
Section I Charging Orders
Scope of this Section	Rule 73.2
Application for charging order	Rule 73.3
Interim charging order – Civil National Business Centre	Rule 73.4
Review of a decision made by a court officer	Rule 73.5
Interim charging order – venues other than the Civil National Business Centre	Rule 73.6
Service of interim order	Rule 73.7
Effect of interim order in relation to securities	Rule 73.8
Effect of interim charging order in relation to funds in court	Rule 73.9
Further consideration of the application where interim charging order was made at the Civil National Business Centre and has not been transferred under rule 73.4(6) for a hearing	Rule 73.10
Reconsideration of a decision made by a legal adviser	Rule 73.10ZA
Further consideration of the application where interim charging order was made other than at the Civil National Business Centre, or has been transferred out of that Centre under rule 73.4(6)	Rule 73.10A
Discharge or variation of order	Rule 73.10B
Enforcement of charging order by sale	Rule 73.10C
SECTION II—STOP ORDERS
Interpretation	Rule 73.11
Application for stop order	Rule 73.12
Stop order relating to funds in court	Rule 73.13
Stop order relating to securities	Rule 73.14
Discharge or variation of order	Rule 73.15
SECTION III—STOP NOTICES
General	Rule 73.16
Request for stop notice	Rule 73.17
Effect of stop notice	Rule 73.18
Amendment of stop notice	Rule 73.19
Withdrawal of stop notice	Rule 73.20
Discharge or variation of stop notice	Rule 73.21

Scope of this Part and interpretation

73.1

• (1) This Part contains rules which provide for a judgment creditor to enforce a judgment by obtaining—

• (a) a charging order (Section I);

• (b) a stop order (Section II); or

• (c) a stop notice (Section III),

over or against the judgment debtor’s interest in an asset.

• (2) In this Part—

• (a) “the 1979 Act” means the Charging Orders Act 1979;

• (b) “the 1992 Regulations” means the Council Tax (Administration and Enforcement) Regulations 1992;

• (c) “judgment debtor’s home court” means—

• (i) if the application for a charging order is proceeding in the County Court—

• (aa) in the case of an application under the 1992 Regulations, the County Court hearing centre for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated; or

• (bb) in other cases, the County Court hearing centre for the district in which the judgment debtor resides or carries on business; or

• (ii) if the application for a charging order is proceeding in the High Court, the district registry for the district in which the judgment debtor resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;

• (ca) “final charging order” means an order confirming that a charge imposed by an interim charging order continues;

• (d) “funds in court” includes securities held in court;

• (e) “interim charging order” means an interim charging order made in accordance with rule 73.4(5), 73.4(6) or 73.6(3);

• (ea) “legal adviser” means a court officer assigned to the county court who is—

• (i) a barrister;

• (ii) a solicitor; or

• (iii) a Fellow of the Chartered Institute of Legal Executives,

who may exercise the jurisdiction of the county court with regard to matters set out in this Part to the extent specified in this Part, with the consent of the relevant Designated Civil Judge, or their nominee;

• (f) “securities” means securities of any of the kinds specified in section 2(2)(b) of the 1979 Act.

SECTION I. CHARGING ORDERS

Scope of this Section

73.2

This Section applies to an application by a judgment creditor for a charging order under—

• (a) section 1 of the 1979 Act; or

• (b) regulation 50 of the 1992 Regulations.

Application for charging order

73.3

• (1) An application for a charging order may be made without notice.

• (2) Where an application for a charging order is to be made to the County Court, it must be made to the Civil National Business Centre unless the application is for a charging order over an interest in a fund in court.

• (3) An application to the County Court for a charging order over an interest in a fund in court must be made to the County Court hearing centre where the order or judgment was made.

(Section 1 of the 1979 Act sets out when applications are to be made to the County Court and when they are to be made to the Family Court or the High Court.)

• (4) Subject to paragraphs (2) and (3), a judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same judgment debtor.

• (5) The application notice must—

• (a) be in the form and contain the information required by Practice Direction 73; and

• (b) be verified by a statement of truth.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim charging order – Civil National Business Centre

73.4

• (1) This rule applies where an application for a charging order is made to the Civil National Business Centre.

• (2) The application for a charging order will initially be dealt with without a hearing.

• (3) Where—

• (a) the application is only for a charging order on the judgment debtor’s interest in land; and

• (b) none of the exceptions listed in paragraph (4) apply,

the application may initially be dealt with by a court officer.

• (4) The exceptions referred to are—

• (a) an application under section 2(1)(b)(i) of the 1979 Act;

• (b) an application for a charging order on the interest of a partner in the partnership property under section 23 of the Partnership Act 1890;

• (c) where an instalment order has been made before 1 October 2012;

• (d) where the court officer otherwise considers that the application should be dealt with by a judge.

• (5) The court officer may make an interim charging order imposing a charge over the judgment debtor’s interest in the asset to which the application relates.

• (6) The judge may make an interim charging order—

• (a) imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and

• (b) if the judge considers it appropriate at that stage, transferring the application to the judgment debtor’s home court for the fixing of a hearing to consider whether to make a final charging order as provided by rule 73.10A(3)(a).

• (7) Where a matter has been transferred under paragraph (6), the court must serve notice of the hearing on the judgment creditor and all persons served with the interim charging order under rule 73.7.

Review of a decision made by a court officer

73.5

• (1) A party may request that a decision by a court officer be reconsidered by a District Judge.

• (2) A request for reconsideration must be filed within 14 days after the party is served with notice of the decision.

• (3) Reconsideration will take place without a hearing.

Interim charging order – venues other than the Civil National Business Centre

73.6

• (1) This rule applies where an application for a charging order is made other than to the Civil National Business Centre.

• (2) An application for a charging order will initially be dealt with by a judge without a hearing.

• (3) The judge may make an interim charging order—

• (a) imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and

• (b) fixing a hearing to consider whether to make a final charging order as provided by rule 73.10A(3)(a).

Service of interim order

73.7

• (1) Where the interim charging order has been made at the Civil National Business Centre and has not been transferred out of that Centre under rule 73.4(6) for a hearing, copies of the interim charging order, the application notice and any documents filed in support of it must be served by the judgment creditor on the persons listed in paragraph (7) within 21 days of the date of the interim charging order.

• (2) Where paragraph (1) applies, the judgment creditor must file a certificate of service in relation to each person served together with a statement of the amount due under the judgement or order including any costs and interest, within 28 days of the date of the interim charging order.

• (3) Any application for an extension of time for service or filing specified in paragraph (1) or (2)—

• (a) must be made to the Civil National Business Centre; and

• (b) will be dealt with without a hearing.

(Rule 73.10(6B) sets out the powers of a legal adviser to make an order where a judgment creditor has not, on time, filed certificates of service and a statement of the amount due or applied for an extension.)

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the interim charging order has been made at a court other than the Civil National Business Centre, or where the matter has been transferred out of that Centre under rule 73.4(6) for a hearing, copies of the interim charging order, the application notice and any documents filed in support of it must, not less than 21 days before the hearing, be served by the judgment creditor on the persons listed in paragraph (7).

• (6) Where paragraph (5) applies, the judgment creditor must either—

• (a) file a certificate of service in relation to each person served not less than 2 days before the hearing; or

• (b) produce a certificate of service at the hearing.

• (7) The persons to be served in accordance with paragraph (1) or (5) are—

• (a) the judgment debtor;

• (b) if the order relates to an interest in land, any co-owner;

• (c) the judgment debtor’s spouse or civil partner (if known);

• (d) such other creditors as are identified in the application notice or as the court directs;

• (e) if the order relates to an interest under a trust, on such of the trustees as the court directs;

• (f) if the interest charged is in securities other than securities held in court, then—

• (i) in the case of stock for which the Bank of England keeps the register, the Bank of England;

• (ii) in the case of government stock to which subparagraph (f)(i) does not apply, the keeper of the register;

• (iii) in the case of stock of any body incorporated within England and Wales, that body;

• (iv) in the case of stock of any body incorporated outside England and Wales or of any state or territory outside the United Kingdom, which is registered in a register kept in England and Wales, the keeper of that register;

• (v) in the case of units of any unit trust in respect of which a register of the unit holders is kept in England and Wales, the keeper of that register; and

• (g) if the interest charged is in funds in court, the Accountant General at the Court Funds Office.

• (8) Where paragraph (1) or (5) requires service of the application notice, interim charging order and any documents filed in support of the application on a person who is outside the jurisdiction, the permission of the court is not required for service.

Effect of interim order in relation to securities

73.8

• (1) If a judgment debtor disposes of their interest in any securities while they are subject to an interim charging order which has been served on them, that disposition will not, so long as that order remains in force, be valid as against the judgment creditor.

• (2) A person served under rule 73.7(7)(f) with an interim charging order relating to securities must not, unless the court gives permission—

• (a) permit any transfer of any of the securities; or

• (b) pay any dividend, interest or redemption payment relating to them.

• (3) If a person acts in breach of paragraph (2), that person will be liable to pay to the judgment creditor—

• (a) the value of the securities transferred or the amount of the payment made (as the case may be); or

• (b) if less, the amount necessary to satisfy the debt in relation to which the interim charging order was made.

Effect of interim order in relation to funds in court

73.9

If a judgment debtor disposes of their interest in funds in court while they are subject to an interim charging order which has been served on them and on the Accountant General in accordance with rule 73.7(7), that disposition will not, so long as that order remains in force, be valid as against the judgment creditor.

Further consideration of the application where interim charging order was made at the Civil National Business Centre and has not been transferred under rule 73.4(6) for a hearing

73.10

• (1) This rule applies where the interim charging order was made at the Civil National Business Centre and the matter has not been transferred under rule 73.4(6) for a hearing.

• (2) If any person objects to the court making a final charging order, that person must—

• (a) file; and

• (b) serve on the judgment creditor,

written evidence stating the grounds of objection, not later than 28 days after service on that person of the application notice and interim order.

• (3) If any person files evidence stating grounds of objection to the making of a final charging order, the court must, in accordance with paragraph (4), transfer the application for hearing to the judgment debtor’s home court.

• (4) Following receipt by the court of one or more objections, the matter must be transferred under paragraph (3)—

• (a) once all persons served under rule 73.7 with a copy of the interim charging order have filed and served an objection; or

• (b) upon expiry of the period allowed under paragraph (2) for the filing and service of any objection by the last person served under rule 73.7 with a copy of the interim charging order,

whichever is the earlier.

• (5) Where a matter has been transferred under paragraph (3), the court must serve notice of the hearing on the judgment creditor and all persons served under rule 73.7 with the interim charging order.

• (6) Unless the application has been transferred under paragraph (3) for a hearing, the application will be considered by a judge or a legal adviser after expiry of the period allowed under paragraph (2) for the filing and service of any objection by the last person served under rule 73.7 with a copy of the interim charging order.

• (6A) When considering the application under paragraph (6), a legal adviser may only—

• (a) make a final charging order, if it provides that the charge imposed by the interim charging order is to continue without modification (except for the amount secured);

• (b) discharge the interim charging order and dismiss the application, if the applicant has requested it; ...

• (c) refer the matter to a judge ; or

• (d) if paragraph (6B) applies, make an unless order, or refer the matter to a judge, in accordance with that paragraph.

• (6B) This paragraph applies where the judgment creditor has not complied with rule 73.7(1) or (2) and has not applied for an extension of time within the period specified by those provisions or either of them as appropriate, or has been granted an extension of time but has not met the extended time limit. In those circumstances, a legal adviser must—

• (a) order that unless, by a date specified in the order, the judgment creditor files a certificate of service in relation to each person served (together with a statement of the amount due under the judgment or order including any costs and interest), the application for a charging order is to be dismissed and the interim charging order discharged; or

• (b) refer the matter to a judge to consider whether to dismiss the application and discharge the interim charging order.

• (6C) A copy of any order made under paragraph (6B) is to be served by the court on all the parties.

• (6D) Decisions of a legal adviser are to be made without a hearing.

• (7) When considering the application (either at a hearing following a transfer under paragraph (3) or under paragraph (6)), the judge may—

• (a) make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;

• (b) discharge the interim charging order and dismiss the application;

• (c) decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order;

• (d) direct a trial of any such issues, and if necessary give directions; or

• (e) make such other order as the court considers appropriate.

• (8) If the court makes a final charging order which charges securities, the order must include a stop notice unless the court otherwise orders.

(Section III of this Part contains provisions about stop notices.)

• (9) Any order made must be served by the court on all the persons on whom the interim charging order was required to be served.

Reconsideration of a decision made by a legal adviser

73.10ZA

• (1) Any interested person may request any decision of a legal adviser to be reconsidered by a District Judge.

• (2) A request must be filed within 14 days after the interested person is served with a notice of the decision, or becomes aware of the decision.

• (3) The request may include a summary of the issue and an explanation of why the reconsideration is sought.

• (4) Reconsideration may take place without a hearing.

• (5) When reconsidering the decision of the legal adviser, the District Judge may exercise any of the powers listed in rule 73.10(7).

Further consideration of the application where interim charging order was made other than at the Civil National Business Centre, or has been transferred out of that Centre under rule 73.4(6)

73.10A

• (1) This rule applies where an interim charging order was made other than at the Civil National Business Centre or has been transferred out of that Centre under rule 73.4(6).

• (2) If any person objects to the court making a final charging order, that person must—

• (a) file; and

• (b) serve on the judgment creditor,

written evidence stating the grounds of objection, not less than 7 days before the hearing.

• (3) At the hearing the court may—

• (a) make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;

• (b) discharge the interim charging order and dismiss the application;

• (c) decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order;

• (d) direct a trial of any such issues, and if necessary give directions; or

• (e) make such other order as the court considers appropriate.

• (4) If the court makes a final charging order which charges securities other than securities held in court, the order must include a stop notice unless the court otherwise orders.

(Section III of this Part contains provisions about stop notices.)

• (5) Any order made at the hearing must be served by the court on all the persons on whom the interim charging order was required to be served.

Discharge or variation of order

73.10B

• (1) Where the final charging order was made without a hearing under rule 73.10(6A) or 73.10(7) any application to discharge or vary a charging order must be made to the Civil National Business Centre.

• (2) Upon the filing of an application to discharge or vary a charging order at the Civil National Business Centre, the application must be transferred for a hearing to the judgment debtor’s home court.

• (3) Where the final charging order was made at a hearing, any application to discharge or vary a charging order must be made to the court which made the charging order.

• (4) The court may direct that—

• (a) any interested person be joined as a party to such an application; or

• (b) the application be served on any such person.

• (5) An order discharging or varying a charging order must be served on all the persons on whom the charging order was required to be served.

Enforcement of charging order by sale

73.10C

• (1) Subject to the provisions of any enactment, the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order.

• (2) Where the charging order was made at the Civil National Business Centre a claim for an order for sale under this rule must be made to the judgment debtor’s home court.

• (3) Subject to paragraph (2) a claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale.

• (4) The claimant must use the Part 8 procedure.

• (5) A copy of the charging order must be filed with the claim form.

SECTION II—STOP ORDERS

Interpretation

73.11

In this Section, “stop order” means an order of the High Court not to take, in relation to funds in court or securities specified in the order, any of the steps listed in section 5(5) of the 1979 Act.

Application for stop order

73.12

• (1) The High Court may make—

• (a) a stop order relating to funds in court, on the application of any person—

• (i) who has a mortgage or charge on the interest of any person in the funds; or

• (ii) to whom that interest has been assigned; or

• (iii) who is a judgment creditor of the person entitled to that interest; or

• (b) a stop order relating to securities other than securities held in court, on the application of any person claiming to be beneficially entitled to an interest in the securities.

• (2) An application for a stop order must be made—

• (a) by application notice in existing proceedings; or

• (b) by Part 8 claim form if there are no existing proceedings in the High Court.

• (3) The application notice or claim form must be served on—

• (a) every person whose interest may be affected by the order applied for; and

• (b) either—

• (i) the Accountant General at the Court Funds Office, if the application relates to funds in court; or

• (ii) the person specified in rule 73.7(7)(f), if the application relates to securities other than securities held in court.

Stop order relating to funds in court

73.13

A stop order relating to funds in court shall prohibit the transfer, sale, delivery out, payment or other dealing with—

• (a) the funds or any part of them; or

• (b) any income on the funds.

Stop order relating to securities

73.14

• (1) A stop order relating to securities other than securities held in court may prohibit all or any of the following steps—

• (a) the registration of any transfer of the securities;

• (b) the making of any payment by way of dividend, interest or otherwise in respect of the securities; and

• (c) in the case of units of a unit trust, any acquisition of or other dealing with the units by any person or body exercising functions under the trust.

• (2) The order shall specify—

• (a) the securities to which it relates;

• (b) the name in which the securities stand;

• (c) the steps which may not be taken; and

• (d) whether the prohibition applies to the securities only or to the dividends or interest as well.

Variation or discharge of order

73.15

• (1) The court may, on the application of any person claiming to have a beneficial interest in the funds or securities to which a stop order relates, make an order discharging or varying the order.

• (2) An application notice seeking the variation or discharge of a stop order must be served on the person who obtained the order.

SECTION III—STOP NOTICES

General

73.16

In this Section—

• (a) “stop notice” means a notice issued by the court which requires a person or body not to take, in relation to securities specified in the notice, any of the steps listed in section 5(5) of the 1979 Act, without first giving notice to the person who obtained the notice; and

• (b) “securities” does not include securities held in court.

Request for stop notice

73.17

• (1) The High Court may, on the request of any person claiming to be beneficially entitled to an interest in securities, issue a stop notice.

(A stop notice may also be included in a final charging order, by either the High Court or the County Court, under rule 73.10(8) or 73.10A(4).)

• (2) A request for a stop notice must be made by filing—

• (a) a draft stop notice; and

• (b) written evidence which—

• (i) identifies the securities in question;

• (ii) describes the applicant’s interest in the securities; and

• (iii) gives an address for service for the applicant.

Effect of stop notice

73.18

• (1) A stop notice—

• (a) takes effect when it is served in accordance with rule 73.17(4); and

• (b) remains in force unless it is withdrawn or discharged in accordance with rule 73.20 or 73.21.

• (2) While a stop notice is in force, the person on whom it is served—

• (a) must not—

• (i) register a transfer of the securities described in the notice; or

• (ii) take any other step restrained by the notice,

without first giving 14 days' notice to the person who obtained the stop notice; but

• (b) must not, by reason only of the notice, refuse to register a transfer or to take any other step, after he has given 14 days' notice under paragraph (2)(a) and that period has expired.

Amendment of stop notice

73.19

• (1) If any securities are incorrectly described in a stop notice which has been obtained and served in accordance with rule 73.17, the applicant may request an amended stop notice in accordance with that rule.

• (2) The amended stop notice takes effect when it is served.

Withdrawal of stop notice

73.20

• (1) A person who has obtained a stop notice may withdraw it by serving a request for its withdrawal on—

• (a) the person or body on whom the stop notice was served; and

• (b) the court which issued the stop notice.

• (2) The request must be signed by the person who obtained the stop notice, and his signature must be witnessed by a practising solicitor.

Discharge or variation of stop notice

73.21

• (1) The court may, on the application of any person claiming to be beneficially entitled to an interest in the securities to which a stop notice relates, make an order discharging or varying the notice.

• (2) An application to discharge or vary a stop notice must be made to the court which issued the notice.

• (3) The application notice must be served on the person who obtained the stop notice.

73.22

Practice Direction 73 makes provision for the procedure to be followed when applying for an order under section 23 of the Partnership Act 1890.

PART 74 — ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

Scope of this Part and interpretation	Rule 74. 1
Interpretation	Rule 74.2
---	---
Applications for registration	Rule 74.3
. . .	. . .
Evidence in support	Rule 74.4
. . .	. . .
Security for costs	Rule 74.5
Registration orders	Rule 74.6
Applications to set aside a registration order or decision	Rule 74.7
. . .	. . .
. . .	. . .
. . .	. . .
Appeals	Rule 74.8
Enforcement	Rule 74.9
Recognition	Rule 74.10
Authentic instruments and court settlements	Rule 74.11
. . .	. . .
Application for a certified copy of a judgment	Rule 74.12
---	---
Evidence in support	Rule 74.13
Interpretation	Rule 74.14
---	---
Registration of money judgments in the High Court	Rule 74.15
Registration of non-money judgments in the High Court	Rule 74.16
Certificates of High Court and County Court money judgments	Rule 74.17
Certified copies of High Court and County Court non-money judgments	Rule 74.18
. . .	. . .
---	---
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Section VI Recognition and enforcement of protection measures	Section VI Recognition and enforcement of protection measures
---	---
Interpretation	74.34
Procedure for applications in this Section	74.35
. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
INCOMING PROTECTION MEASURES
Application for adjustment under Article 11	74.46
Notification of the adjustment under Article 11	74.47
Enforcement of incoming protection measures	74.48
Application for refusal of recognition or enforcement under Article 13	74.49
Application under Article 14(2)	74.50

Scope of this Part and interpretation

74.1

• (1) Section I of this Part applies to the enforcement in England and Wales of judgments of foreign courts.

• (2) Section II applies to the enforcement in foreign countries of judgments of the High Court and of the County Court.

• (3) Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4B) Section VI applies to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the enforcement in England and Wales of certified protection measures from Member States of the European Union other than ... Denmark.

• (5) In this Part—

• (a) “the 1920 Act” means the Administration of Justice Act 1920³³⁰⁴;

• (b) “the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 1933³³⁰⁵;

• (c) “the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982³³⁰⁶;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) “the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague;

• (h) “the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague.

...

I: ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS

Interpretation

74.2

• (1) In this Section—

• (a) “Contracting State” has the meaning given in section 1(3) of the 1982 Act;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) “judgment” means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—

• (i) a decree;

• (ii) an order;

• (iii) a decision;

• (iv) a writ of execution or a writ of control; and

• (v) the determination of costs by an officer of the court;

• (d) “State of origin”, in relation to any judgment, means the State in which that judgment was given;

• (e) “writ of control” is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007;

• (f) “writ of execution” includes—

• (i) a writ of possession;

• (ii) a writ of delivery;

• (iii) a writ of sequestration;

• (iv) a writ of fieri facias de bonis ecclesiasticis,

and any further writ in favour of any such writs, but does not include a writ of control.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for registration

74.3

• (1) This Section provides rules about applications under—

• (a) section 9 of the 1920 Act, in respect of judgments to which Part II of that Act applies;

• (b) section 2 of the 1933 Act, in respect of judgments to which Part I of that Act applies;

• (c) section 4B of the 1982 Act; ... and

• (d) section 4C of the 1982 Act,

for the registration of foreign judgments for enforcement in England and Wales.

• (2) Applications—

• (a) must be made to the High Court; and

• (b) may be made without notice.

Enforcement under the Judgments Regulation

74.3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support

74.4

• (1) An application for registration of a judgment under the 1920, 1933 or 1982 Act must be supported by written evidence exhibiting—

• (a) the judgment or a verified or certified or otherwise authenticated copy of it; and

• (b) where the judgment is not in English, a translation of it into English—

• (i) certified by a notary public or other qualified person; or

• (ii) accompanied by written evidence confirming that the translation is accurate.

• (2) The written evidence in support of the application must state—

• (a) the name of the judgment creditor and his address for service within the jurisdiction;

• (b) the name of the judgment debtor and his address or place of business, if known;

• (c) the grounds on which the judgment creditor is entitled to enforce the judgment;

• (d) in the case of a money judgment, the amount in respect of which it remains unsatisfied; and

• (e) where interest is recoverable on the judgment under the law of the State of origin—

• (i) the amount of interest which has accrued up to the date of the application, or

• (ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

• (3) Written evidence in support of an application under the 1920 Act must also state that the judgment is not a judgment—

• (a) which under section 9 of that Act may not be ordered to be registered; or

• (b) to which section 5 of the Protection of Trading Interests Act 1980³³⁰⁸ applies.

• (4) Written evidence in support of an application under the 1933 Act must also—

• (a) state that the judgment is a money judgment;

• (b) confirm that it can be enforced by execution in the State of origin;

• (c) confirm that the registration could not be set aside under section 4 of that Act;

• (d) confirm that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980 applies;

• (e) where the judgment contains different provisions, some but not all of which can be registered for enforcement, set out those provisions in respect of which it is sought to register the judgment; and

• (f) be accompanied by any further evidence as to—

• (i) the enforceability of the judgment in the State of origin, and

• (ii) the law of that State under which any interest has become due under the judgment,

which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State.

• (5) Written evidence in support of an application under the 1982 Act must also exhibit—

• (a) documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served;

• (b) in the case of a judgment in default, a document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document; and

• (c) where appropriate, a document showing that the judgment creditor is in receipt of legal aid in the State of origin.

• (6) Written evidence in support of an application under section 4B of the 1982 Act (registration and enforcement of judgments under the 2005 Hague Convention) must also—

• (a) confirm that the judgment—

• (i) meets the condition in Article 8(3) of the 2005 Hague Convention;

• (ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention; and

• (b) include any other evidence required by Article 13 of the 2005 Hague Convention.

• (7) Written evidence in support of an application under section 4C of the 1982 Act (registration and enforcement of judgments under the 2019 Hague Convention) must also—

• (a) confirm that the judgment—

• (i) meets the condition in Article 4(3) of the 2019 Hague Convention;

• (ii) meets at least one condition in Article 5 or 6 of the 2019 Hague Convention; and

• (iii) otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention; and

• (b) include any other evidence required by Article 12 of the 2019 Hague Convention.

Procedure for enforcing judgments under the Judgments Regulation

74.4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security for costs

74.5

• (1) Subject to paragraphs (2) and (3), Section VI of Part 25 applies to an application for security for the costs of—

• (a) the application for registration; and

• (b) any proceedings brought to set aside the registration,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as if the judgment creditor were a claimant.

• (2) A judgment creditor making an application under the 1982 Act ... may not be required to give security solely on the ground that he is resident out of the jurisdiction.

• (3) Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.

Registration orders

74.6

• (1) An order granting permission to register a judgment (“registration order”) must be drawn up by the judgment creditor and served on the judgment debtor—

• (a) by delivering it to the judgment debtor personally;

• (b) by any of the methods of service permitted under the Companies Act 2006; or

• (c) in such other manner as the court may direct.

• (2) Permission is not required to serve a registration order out of the jurisdiction, and rules 6.40, 6.42, 6.43 and 6.46 apply to such an order as they apply to a claim form.

• (3) A registration order must state—

• (a) full particulars of the judgment registered;

• (b) the name of the judgment creditor and his address for service within the jurisdiction;

• (c) the right of the judgment debtor in the case of registration following an application under the 1920 Act, the 1933 Act or the 1982 Act, to apply to have the registration set aside;

• (d) the period within which such an application ... may be made; and

• (e) that no measures of enforcement will be taken before the end of that period, other than measures ordered by the court to preserve the property of the judgment debtor.

Applications to set aside a registration order or decision

74.7

• (1) An application to set aside a decision on a registration application under the 1920 Act, the 1933 Act or the 1982 Act must be made within the period set out in the registration order or decision.

• (2) The court may extend that period; but an application for such an extension must be made before the end of the period as originally fixed or as subsequently extended.

• (3) The court hearing the application may order any issue between the judgment creditor and the judgment debtor to be tried.

Refusal of recognition or enforcement under the Judgments Regulation

74.7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relief against enforcement under the Judgments Regulation

74.7B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of proceedings in which a judgment is invoked under the Judgments Regulation

74.7C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

74.8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

74.9

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) No steps may be taken to enforce the judgment—

• (a) before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or

• (b) where there is an application under rule 74.7 ..., until the application ... has been determined.

• (3) Any party wishing to enforce a judgment ... must file evidence of the service on the judgment debtor of—

• (a) the registration order; and

• (b) any other relevant order of the court.

• (4) Nothing in this rule prevents the court from making orders to preserve the property of the judgment debtor pending final determination of any issue relating to the enforcement of the judgment.

Recognition

74.10

• (1) Registration of a judgment on an application made under section 4B or 4C of the 1982 Act serves as a decision that the judgment is recognised for the purposes of the 2005 Hague Convention or the 2019 Hague Convention, respectively.

• (2) An application for registration of a judgment made under section 4B or 4C of the 1982 Act for the purposes of recognition is governed by the same rules as an application for registration of a judgment for the purposes of recognition and enforcement, except that rule 74.4(5)(a) and (c) do not apply.

Authentic instruments and court settlements

74.11

The rules governing the registration of judgments under the 1982 Act ... apply as appropriate and with any necessary modifications for the enforcement of court settlements which are subject to article 12 of the 2005 Hague Convention or article 11 of the 2019 Hague Convention.

Adaptation of certain orders in foreign judgments subject to the Judgments Regulation

74.11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

II: ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND THE COUNTY COURT

Application for a certified copy of a judgment

74.12

• (1) This Section applies to applications—

• (a) to the High Court under section 10 of the 1920 Act;

• (b) to the High Court or to the County Court under section 10 of the 1933 Act; or

• (c) to the High Court or to the County Court under section 12 of the 1982 Act;...