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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

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(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;

(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.

Further consideration of the application

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.

Discharge or variation of order

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.

Enforcement of charging order by sale

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; ...

(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.

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;

(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.

Evidence

Claims for the Recovery of Property ...

PART 75 — TRAFFIC ENFORCEMENT

Scope and interpretation	Rule 75.1
The Centre	Rule 75.2
Request	Rule 75.3
Electronic delivery of documents	Rule 75.4
Functions of court officer	Rule 75.5
Review of decision of court officer	Rule 75.5A
Enforcement of orders	Rule 75.6
Local authority warrant of control	Rule 75.7
Revocation of order	Rule 75.8
Transfer for enforcement	Rule 75.9
Further information required	Rule 75.10
Combining requests	Rule 75.11

Scope and interpretation

75.1

(1) Practice Direction 75—

(a) sets out the proceedings to which this Part applies; and

(b) may apply this Part with modifications in relation to any particular category of those proceedings.

(Rule 21.1(1)(c)(i) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)

(2) In this Part—

(a) “the Centre” means the Traffic Enforcement Centre established under the direction of the Lord Chancellor;

(a1) “enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

(a2) “local authority warrant of control” means a warrant of control issued by a local authority under article 5 of the 1993 Order;

(b) “no relevant return to the warrant” means that—

(i) the enforcement agent has been unable to seize goods because the enforcement agent has been denied access to premises occupied by the defendant or because the goods have been removed from those premises;

(ii) any goods seized under a local authority warrant of control are insufficient to satisfy the debt and the cost of execution; or

(iii) the goods are insufficient to cover the cost of their removal and sale;

(d) “relevant period”, in relation to any particular case, means—

(i) the period allowed for serving a statutory declaration or witness statement under any enactment which applies to that case; or

(ii) where an enactment permits the court to extend that period, the period as extended;

(e) “specified debts” means the debts specified in article 2 of the 1993 Order or treated as so specified by any other enactment; and

(f) “the authority”, “notice of the amount due”, “order” and “the respondent” have the meaning given by Practice Direction 75.

The Centre

75.2

(1) Proceedings to which this Part applies must be started in the Centre.

(2) For any purpose connected with the exercise of the Centre’s functions—

(a) the Centre is deemed to be an office of the County Court; and

(b) any officer of the Centre, in exercising its functions, is deemed to act as an officer of the County Court.

Request

75.3

(1) The authority must file a request in the appropriate form scheduling the amount claimed to be due.

(2) The authority must, in that request or in another manner approved by the court officer—

(a) certify—

(i) that 14 days have elapsed since service of the notice of the amount due;

(ii) the date of such service;

(iii) the number of the notice of the amount due; and

(iv) that the amount due remains unpaid;

(b) specify the grounds (whether by reference to the appropriate code or otherwise), as stated in the notice, on which the authority claims to be entitled to claim that amount; and

(i) the name, title and address of the respondent;

(ii) the registration number of the vehicle concerned;

(iii) the authority’s address for service;

(iv) the court fee; and

(v) such other matters as required by Practice Direction 75.

(3) On receipt of a request that meets the requirements of paragraphs (1) and (2), the court officer will order that the amount due may be recovered as if it were payable under a County Court order by registering the request and returning it to the authority.

(4) On receipt of a registered request the authority may draw up the order and must—

(a) insert in the order the date by which the respondent must either—

(i) comply with the order; or

(ii) file a statutory declaration or witness statement; and

(b) attach to the order a form of statutory declaration or witness statement for the respondent’s use.

(5) The authority must serve in accordance with Part 6 the order (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic delivery of documents

75.4

(1) Where the authority is required to file any document other than the request, that requirement is satisfied if the information which would be contained in the document is delivered in computer-readable form.

(2) For the purposes of paragraph (1), information which would be contained in a document relating to one case may be combined with information of the same nature relating to another case.

(3) Where a document is required to be produced, that requirement will be satisfied if a copy of the document is produced from computer records.

Functions of court officer

75.5

Practice Direction 75 sets out the circumstances in which a court officer may exercise the functions of the court.

Enforcement of orders

75.6

Subject to the 1993 Order and this rule the following rules apply to the enforcement of specified debts—

(a) Parts 70 to 73;

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

(ca) rule 83.4; and

(d) Part 89.

Warrant of execution

75.7

(1) An authority seeking the issue of a local authority warrant of control must file a request—

(a) certifying the amount remaining due under the order;

(b) specifying the date of service of the order on the respondent; and

(2) The court will seal the request and return it to the authority.

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4) No payment under a warrant will be made to the court.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request—

(a) specifying the new address of the respondent;

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

(8) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.

Revocation of order

75.8

Where, in accordance with any enactment, an order is deemed to have been revoked following the filing of a statutory declaration or a witness statement—

(a) the court will serve a copy of the statutory declaration or witness statement on the authority;

(b) any execution issued on the order will cease to have effect; and

(c) if appropriate, the authority must inform any enforcement agent instructed to levy execution of the withdrawal of the warrant as soon as possible.

Transfer for enforcement

75.9

Where the authority requests the transfer of proceedings to a County Court hearing centre for enforcement, the request must—

(a) where the authority has not attempted to enforce by execution, give the reason why no such attempt was made;

(b) certify that there has been no relevant return to the local authority warrant of control;

(d) certify that the relevant period has elapsed.

Further information required

75.10

An application for—

(a) an attachment of earnings order;

(b) an order to obtain information from a debtor;

(d) a charging order,

must, in addition to the requirements of Parts 71, 72, 73 or 89—

(i) where the authority has not attempted to enforce by execution, give the reason why no such attempt was made;

(ii) certify that there has been no relevant return to the local authority warrant of control;

(iii) specify the date of service of the order on the respondent; and

(iv) certify that the relevant period has elapsed.

Combining requests

75.11

Where the court officer allows, the authority may combine information relating to different orders against the same respondent in any request or application made under rules 75.9 or 75.10.

Filing and sending documents

5.5

(1) A practice direction may make provision for documents to be filed or sent to the court by—

(a) the use of an electronic filing and case management system; or

(b) other electronic means.

(2) Any such practice direction may—

(a) provide that only particular categories of documents may be filed or sent to the court by such means;

(b) provide that particular provisions only apply in specific courts; ...

(d) modify or disapply any provision of these rules in relation to the use of any court electronic filing and case management system.

IV—SERVICE OF FOREIGN PROCESS

Scope and definitions

6.32

(1) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act and—

(a) no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom; and

(i) the defendant is domiciled in the United Kingdom;

(ii) the proceedings are within paragraph 11 of Schedule 4 to the 1982 Act; or

(iii) the defendant is a party to an agreement conferring jurisdiction, within paragraph 12 of Schedule 4 to the 1982 Act.

(2) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under any enactment other than the 1982 Act notwithstanding that—

(a) the person against whom the claim is made is not within the jurisdiction; or

(b) the facts giving rise to the claim did not occur within the jurisdiction.

Request for service

6.33

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

(2) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under sections 15A to 15E of the 1982 Act and—

(a) ... no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom ...; and

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) the defendant is not a consumer, but is a party to a consumer contract within section 15B(1) of the 1982 Act; or

(iii) the defendant is an employer and a party to a contract of employment within section 15C(1) of the 1982 Act;

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) The claimant may serve the claim form on a defendant outside the United Kingdom where, for each claim made against the defendant to be served and included in the claim form—

(a) the court has power to determine that claim under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention; ...

(b) a contract contains a term to the effect that the court shall have jurisdiction to determine that claim ; or

(3) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine other than under ... the 2005 Hague Convention ... notwithstanding that—

(a) the person against whom the claim is made is not within the jurisdiction; or

(b) the facts giving rise to the claim did not occur within the jurisdiction.

Method of service

6.34

(1) Where the claimant intends to serve a claim form on a defendant under rule 6.32 or 6.33, the claimant must—

(a) file with the claim form a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction; and

(b) serve a copy of that notice with the claim form.

(2) Where the claimant fails to file with the claim form a copy of the notice referred to in paragraph (1)(a), the claim form may only be served—

(a) once the claimant files the notice; or

(b) if the court gives permission.

After service

6.35

(1) This rule sets out the period for—

(a) filing an acknowledgment of service;

(b) filing an admission; or

where a claim form has been served out of the jurisdiction under rule 6.32 or 6.33.

(Part 10 contains rules about acknowledgments of service, Part 14 contains rules about admissions and Part 15 contains rules about defences.)

Service of the claim form on a defendant in Scotland or Northern Ireland2Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period—afor filing an acknowledgment of service or admission is 21 days after service of the particulars of claim; orbfor filing a defence is—i21 days after service of the particulars of claim; oriiwhere the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

(Part 7 provides that particulars of claim must be contained in or served with the claim form or served separately on the defendant within 14 days after service of the claim form.)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Service on a defendant elsewhere5Where the claimant serves the claim form under rule 6.33 ..., the period for responding to the claim form is set out in Practice Direction 6B.

Representation of beneficiaries by trustees etc.

19.7A

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

Death

Power to make judgments binding on non-parties

Derivative Claims

Pre-trial check list (listing questionnaire)

I WITNESSES AND DEPOSITIONS

Scope of this Section

Witness summonses

Issue of a witness summons

Witness summons in aid of inferior court or of tribunal

Time for serving a witness summons

Who is to serve a witness summons

Right of witness to travelling expenses and compensation for loss of time

Evidence by deposition

Conduct of examination

Enforcing attendance of witness

Use of deposition at a hearing

Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial

Where a person to be examined is out of the jurisdiction—letter of request

Fees and expenses of examiner of the court

Examiners of the court

II—EVIDENCE FOR FOREIGN COURTS

Interpretation

34.16

(1) This Section applies to an application for an order under the 1975 Act for evidence to be obtained....

(2) In this Section—

(a) “the 1975 Act” means the Evidence (Proceedings in Other Jurisdictions) Act 1975 ; and

(b) “the Hague Evidence Convention” means the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters

Application for order

34.17

(1) An application for an order under the 1975 Act for evidence to be obtained must be made to the High Court and may be made without notice.

(2) The application may be made either—

(a) by an application notice under Part 23, which must be—

(i) supported by written evidence; and

(ii) accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; or

(b) where—

(i) the requesting state is a party to the Hague Evidence Convention, by a Letter of Request using the Model Form published by the Permanent Bureau of the Hague Conference on Private International Law (which is annexed to Practice Direction 34A); or

(ii) the requesting state is not a party to the Hague Evidence Convention, by a Letter of Request submitted via the Foreign and Commonwealth Office.

Examination

34.18

(1) The court may order an examination to be taken before—

(a) any fit and proper person nominated by the person applying for the order;

(b) an examiner of the court; or

(2) Unless the court orders otherwise—

(a) the examination will be taken as provided by rule 34.9; and

(b) rule 34.10 applies.

(3) The court may make an order under rule 34.14 for payment of the fees and expenses of the examination.

Dealing with deposition

34.19

(1) The examiner must send the deposition of the witness to the Senior Master unless the court orders otherwise.

(2) The Senior Master will—

(a) give a certificate sealed with the seal of the Senior Courts for use out of the jurisdiction identifying the following documents—

(i) the request;

(ii) the order of the court for examination; and

(iii) the deposition of the witness; and

(b) send the certificate and the documents referred to in paragraph (a) to—

(i) the Secretary of State; or

(ii) where the request was sent to the Senior Master by another person in accordance with a Civil Procedure Convention, to that other person,

for transmission to the court or tribunal requesting the examination.

Claim to privilege

34.20

(1) This rule applies where—

(a) a witness claims to be exempt from giving evidence on the ground specified in section 3(1)(b) of the 1975 Act; and

(b) that claim is not supported or conceded as referred to in section 3(2) of that Act.

(2) The examiner may require the witness to give the evidence which he claims to be exempt from giving.

(3) Where the examiner does not require the witness to give that evidence, the court may order the witness to do so.

(4) An application for an order under paragraph (3) may be made by the person who obtained the order under section 2 of the 1975 Act.

(5) Where such evidence is taken—

(a) it must be contained in a document separate from the remainder of the deposition;

(b) the examiner will send to the Senior Master—

(i) the deposition; and

(ii) a signed statement setting out the claim to be exempt and the ground on which it was made.

(6) On receipt of the statement referred to in paragraph (5)(b)(ii), the Senior Master will—

(a) retain the document containing the part of the witness’s evidence to which the claim to be exempt relates; and

(b) send the statement and a request to determine that claim to the foreign court or tribunal together with the documents referred to in rule 34.17.

(7) The Senior Master will—

(a) if the claim to be exempt is rejected by the foreign court or tribunal, send the document referred to in paragraph (5)(a) to that court or tribunal;

(b) if the claim is upheld, send the document to the witness; and

(c) in either case, notify the witness and person who obtained the order under section 2 of the foreign court or tribunal’s decision.

Order under 1975 Act as applied by Patents Act 1977

34.21

Where an order is made for the examination of witnesses under section 1 of the 1975 Act as applied by section 92 of the Patents Act 1977 the court may permit an officer of the European Patent Office to—

(a) attend the examination and examine the witnesses; or

(b) request the court or the examiner before whom the examination takes place to put specified questions to them.

SECTION III—INTERIM POSSESSION ORDERS

When this section may be used

55.20

(1) This Section of this Part applies where the claimant seeks an Interim Possession Order.

(2) In this Section—

(a) “IPO” means Interim Possession Order; and

(b) “premises” has the same meaning as in section 12 of the Criminal Law Act 1977.

(3) Where this Section requires an act to be done within a specified number of hours, rule 2.8(4) does not apply.

Conditions for IPO application

55.21

(1) An application for an IPO may be made where the following conditions are satisfied—

(a) the only claim made is a possession claim against trespassers for the recovery of premises;

(b) the claimant—

(i) has an immediate right to possession of the premises; and

(ii) has had such a right throughout the period of alleged unlawful occupation; and

(c) the claim is made within 28 days of the date on which the claimant first knew, or ought reasonably to have known, that the defendant (or any of the defendants), was in occupation.

(2) An application for an IPO may not be made against a defendant who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

The application

55.22

(1) Rules 55.3(1) and (4) apply to the claim.

(2) The claim form and the defendant’s form of witness statement must be in the form set out in Practice Direction 55A.

(3) When he files his claim form, the claimant must also file—

(a) an application notice in the form set out in Practice Direction 55A; and

(b) written evidence.

(4) The written evidence must be given—

(a) by the claimant personally; or

(b) where the claimant is a body corporate, by a duly authorised officer.

(Rule 22.1(6)(b) provides that the statement of truth must be signed by the maker of the witness statement)

(5) The court will—

(a) issue—

(i) the claim form; and

(ii) the application for the IPO; and

(b) set a date for the hearing of the application.

(6) The hearing of the application will be as soon as practicable but not less than 3 days after the date of issue.

Service

55.23

(1) Within 24 hours of the issue of the application, the claimant must serve on the defendant—

(a) the claim form;

(b) the application notice together with the written evidence in support; and

(c) a blank form for the defendant’s witness statement (as set out in Practice Direction 55A) which must be attached to the application notice.

(2) The claimant must serve the documents listed in paragraph (1) in accordance with rule 55.6(a).

(3) At or before the hearing the claimant must file a certificate of service in relation to the documents listed in paragraph (1) and rule 6.17(2)(a) does not apply.

Defendant’s response

55.24

(1) At any time before the hearing the defendant may file a witness statement in response to the application.

(2) The witness statement should be in the form set out in Practice Direction 55A.

Hearing of the application

55.25

(1) In deciding whether to grant an IPO, the court will have regard to whether the claimant has given, or is prepared to give, the following undertakings in support of his application—

(a) if, after an IPO is made, the court decides that the claimant was not entitled to the order to—

(i) reinstate the defendant if so ordered by the court; and

(ii) pay such damages as the court may order; and

(b) before the claim for possession is finally decided, not to—

(i) damage the premises;

(ii) grant a right of occupation to any other person; and

(iii) damage or dispose of any of the defendant’s property.

(2) The court will make an IPO if—

(a) the claimant has—

(i) filed a certificate of service of the documents referred to in rule 55.23(1); or

(ii) proved service of those documents to the satisfaction of the court; and

(b) the court considers that—

(i) the conditions set out in rule 55.21(1) are satisfied; and

(ii) any undertakings given by the claimant as a condition of making the order are adequate.

(3) An IPO will be in the form set out in Practice Direction 55A and will require the defendant to vacate the premises specified in the claim form within 24 hours of the service of the order.

(4) On making an IPO the court will set a date for the hearing of the claim for possession which will be not less than 7 days after the date on which the IPO is made.

(5) Where the court does not make an IPO—

(a) the court will set a date for the hearing of the claim;

(b) the court may give directions for the future conduct of the claim; and

Service and enforcement of the IPO

55.26

(1) An IPO must be served within 48 hours after it is sealed.

(2) The claimant must serve the IPO on the defendant together with copies of—

(a) the claim form; and

(b) the written evidence in support,

in accordance with rule 55.6(a).

(3) Rules 83.2, 83.3 and 83.26(1) to (9) do not apply to the enforcement of an IPO.

(4) If an IPO is not served within the time limit specified by this rule, the claimant may apply to the court for directions for the claim for possession to continue under Section I of this Part.

After IPO made

55.27

(1) Before the date for the hearing of the claim, the claimant must file a certificate of service in relation to the documents specified in rule 55.26(2).

(2) The IPO will expire on the date of the hearing of the claim.

(3) At the hearing the court may make any order it considers appropriate and may, in particular—

(a) make a final order for possession;

(b) dismiss the claim for possession;

(d) enforce any of the claimant’s undertakings.

(4) Unless the court directs otherwise, the claimant must serve any order or directions in accordance with rule 55.6(a).

(5) Rule 83.26(10) to (12) applies to the enforcement of a final order for possession.

Application to set aside IPO

55.28

(1) If the defendant has left the premises, he may apply on grounds of urgency for the IPO to be set aside before the date of the hearing of the claim.

(2) An application under paragraph (1) must be supported by a witness statement.

(3) On receipt of the application, the court will give directions as to-

(a) the date for the hearing; and

(b) the period of notice, if any, to be given to the claimant and the method of service of any such notice.

(4) No application to set aside an IPO may be made under rule 39.3.

(5) Where no notice is required under paragraph (3)(b), the only matters to be dealt with at the hearing of the application to set aside are whether—

(a) the IPO should be set aside; and

(b) any undertaking to re-instate the defendant should be enforced,

and all other matters will be dealt with at the hearing of the claim.

(6) The court will serve on all the parties—

(a) a copy of the order made under paragraph (5); and

(b) where no notice was required under paragraph (3)(b), a copy of the defendant’s application to set aside and the witness statement in support.

(7) Where notice is required under paragraph (3)(b), the court may treat the hearing of the application to set aside as the hearing of the claim.

IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

Scope of this Section

57.14

This Section contains rules about claims under the Inheritance (Provision for Family and Dependants) Act 1975[^f00009] (“the Act”).

Proceedings in the High Court

57.15

(1) Proceedings in the High Court under the Act shall be issued in either—

(a) the Chancery Division; or

(b) the Family Division.

(2) The Civil Procedure Rules apply to proceedings under the Act which are brought in the Family Division, except that the provisions of the Family Proceedings Rules 1991[^f00010] relating to the drawing up and service of orders apply instead of the provisions in Part 40 and Practice Direction 40B.

Procedure for claims under section 1 of the Act

57.16

(1) A claim under section 1 of the Act must be made by issuing a claim form in accordance with Part 8.

(2) Rule 8.3 (acknowledgment of service) and rule 8.5 (filing and serving written evidence) apply as modified by paragraphs (3) to (5) of this rule.

(3) The written evidence filed and served by the claimant with the claim form must , except in the circumstances specified in paragraph (3A), have exhibited to it an official copy of—

(a) the grant of probate or letters of administration in respect of the deceased’s estate; and

(b) every testamentary document in respect of which probate or letters of administration were granted.

(3A) Where no grant has been obtained, the claimant may make a claim without naming a defendant and may apply for directions as to the representation of the estate. The written evidence must—

(a) explain the reasons why it has not been possible for a grant to be obtained;

(b) be accompanied by the original or a copy (if either is available) of the will or other testamentary document in respect of which probate or letters of administration are to be granted; and

(i) brief details of the property comprised in the estate, with an approximate estimate of its capital value and any income that is received from it;

(ii) brief details of the liabilities of the estate;

(iii) the names and addresses of the persons who are in possession of the documents relating to the estate; and

(iv) the names of the beneficiaries and their respective interests in the estate.

(3B) Where a claim is made in accordance with paragraph (3A), the court may give directions as to the parties to the claim and as to the representation of the estate either on the claimant’s application or on its own initiative.

(Section 4 of the 1975 Act as amended confirms that nothing prevents the making of an application under the Act before representation with respect to the estate of the deceased person is taken out.)

(4) Subject to paragraph (4A), the time within which a defendant must file and serve—

(a) an acknowledgment of service; and

(b) any written evidence,

is not more than 21 days after service of the claim form on him.

(4A) If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing an acknowledgment of service and any written evidence is 7 days longer than the relevant period specified in rule 6.35 or Practice Direction 6B.

(5) A defendant who is a personal representative of the deceased must file and serve written evidence, which must include the information required by Practice Direction 57.

PART 64 — ESTATES, TRUSTS AND CHARITIES

General	Rule 64.1
Scope of this Section	Rule 64.2
---	---
Claim form	Rule 64.3
Parties	Rule 64.4
Scope of this Section and interpretation	Rule 64.5
---	---
Application for permission to take charity proceedings	Rule 64.6

General

64.1

(1) This Part contains rules—

(a) in Section I, about claims relating to—

(i) the administration of estates of deceased persons, and

(ii) trusts; and

(b) in Section II, about charity proceedings.

(2) In this Part and Practice Directions 64A and 64B, where appropriate, references to trustees include executors and administrators.

(3) All proceedings in the High Court to which this Part applies must be brought in the Chancery Division.

SECTION I: CLAIMS RELATING TO THE ADMINISTRATION OF ESTATES AND TRUSTS

Scope of this Section

64.2

This Section of this Part applies to claims—

(a) for the court to determine any question arising in—

(i) the administration of the estate of a deceased person; or

(ii) the execution of a trust;

(b) for an order for the administration of the estate of a deceased person, or the execution of a trust, to be carried out under the direction of the court (“an administration order”);

(d) under section 48 of the Administration of Justice Act 1985[^f00012].

Claim form

64.3

A claim to which this Section applies must be made by issuing a Part 8 claim form.

Parties

64.4

(1) In a claim to which this Section applies, other than an application under section 48 of the Administration of Justice Act 1985—

(a) all the trustees must be parties;

(b) if the claim is made by trustees, any of them who does not consent to being a claimant must be made a defendant; and

(c) the claimant may make parties to the claim any persons with an interest in or claim against the estate, or an interest under the trust, who it is appropriate to make parties having regard to the nature of the order sought.

(2) In addition, in a claim under the Variation of Trusts Act 1958, unless the court directs otherwise any person who—

(a) created the trust; or

(b) provided property for the purposes of the trust,

must, if still alive, be made a party to the claim.

(The court may, under rule 19.2, order additional persons to be made parties to a claim.)

SECTION II: CHARITY PROCEEDINGS

Scope of this Section and interpretation

64.5

(1) This Section applies to charity proceedings.

(2) In this Section—

(a) “the Act” means the Charities Act 1993[^f00013];

(b) “charity proceedings” has the same meaning as in section 33(8) of the Act; and

Application for permission to take charity proceedings

64.6

(1) An application to the High Court under section 33(5) of the Act for permission to start charity proceedings must be made within 21 days after the refusal by the Commissioners of an order authorising proceedings.

(2) The application must be made by issuing a Part 8 claim form, which must contain the information specified in Practice Direction 64A.

(3) The Commissioners must be made defendants to the claim, but the claim form need not be served on them or on any other person.

(4) The judge considering the application may direct the Commissioners to file a written statement of their reasons for their decision.

(5) The court will serve on the applicant a copy of any statement filed under paragraph (4).

(6) The judge may either—

(a) give permission without a hearing; or

(b) fix a hearing.

PART 68 — PROCEEDINGS UNDER THE EUROPEAN UNION (WITHDRAWAL) ACT 2018

Title	Rule number
Interpretation	Rule 68.1
References under section 6A of the Act: proceedings before County Court or High Court	Rule 68.2
References under section 6A of the Act: Court of Appeal	Rule 68.3
Submissions to the Court of Appeal on references on assimilated case law under section 6A of the Act	Rule 68.4
Interventions in references on assimilated case law under section 6A of the Act in the Court of Appeal	Rule 68.5
References on assimilated case law by law officers under section 6B of the Act	Rule 68.6
Steps after reference accepted	Rule 68.7
Section 6C of the Act - decisions on whether to depart from assimilated case law	Rule 68.8

Interpretation

68.1

In this Part—

“the Act”means the European Union (Withdrawal) Act 2018;

“referring court or tribunal” means the court or tribunal making a reference under section 6A of the Act to the Court of Appeal,

and terms used in this Part have the same meaning as in the Act.

Making of order of reference

68.2

(1) An application by a party to proceedings before the County Court or High Court for that court (“the court”) to make a reference under section 6A(1) of the Act is made under Part 23 using the approved form.

(2) The application notice must—

(a) state the point of law which arises on assimilated case law and the question to be determined on that point of law;

(b) set out the reasons for considering the point of law to be of general public importance; and

(3) ) If the court is considering under section 6A(2)(a) of the Act whether to make a reference under section 6A(1), it must invite the parties to the proceedings to make representations.

(4) A copy of any reference must be sent by the court to—

(a) the parties to the proceedings;

(b) the Law Officers listed in section 6C(2) of the Act.

(Rules 68.3 and 68.4 make provision for how the reference is made to the Court of Appeal and for procedure in the Court of Appeal once the reference is made; and for references to the Supreme Court, provision for those matters is made by the Supreme Court Rules.)

Transmission to the European Court

68.3

(1) A reference under section 6A of the Act to the Court of Appeal is made when the referring court or tribunal files the reference with the Court of Appeal.

(2) A reference filed under paragraph (1) must—

(a) state the point of law which arises on assimilated case law and the question to be determined on that point of law;

(b) set out the referring court or tribunal’s reasons for considering the point of law to be of general public importance; and

(3) Before the reference is filed, a copy of it must have been sent by the referring court or tribunal to—

(a) all parties to the proceedings before the referring court or tribunal; and

(b) the law officers listed in section 6C(2) of the Act.

(4) The persons listed in paragraph (3) may make written submissions to the Court of Appeal as to whether the Court of Appeal should accept the reference.

(5) Any submissions made under paragraph (4) must unless the Court of Appeal directs otherwise be filed with the Court of Appeal within 14 days of the copy of the reference being sent under paragraph (3), and a copy of the submissions must be sent to each of the persons listed in paragraph (3) when they are filed.

(6) The question whether to accept the reference shall be considered by a single judge of the Court of Appeal and without an oral hearing, except as provided for under paragraph (7).

(7) The judge considering the reference on paper may direct that the question whether to accept the reference be determined at an oral hearing, and must so direct if the judge is of the opinion that the question cannot be fairly determined on paper without an oral hearing.

(8) An oral hearing directed under paragraph (7) must be listed—

(a) no later than 14 days from the date of the direction under that paragraph; and

(b) before the judge who made that direction,

unless the court directs otherwise.

(9) The Court of Appeal may, in any direction under paragraph (7)—

(a) identify any issue or issues on which the submissions should specifically be focused at the oral hearing in order to assist the court to determine whether to accept the reference; and

(b) direct any person listed in paragraph (3) to serve and file written submissions and to attend the oral hearing.

(10) The Court shall send a copy of the decision on whether to accept the reference to the referring court or tribunal and each of the persons listed in paragraph (3).

Stay of proceedings

68.4

(1) Any person may make written submissions to the Court of Appeal as to whether the Court should accept a reference under section 6A of the Act and request that the Court takes them into account.

(2) Any submissions made under paragraph (1) must be sent by the Court to the referring court or tribunal and each of the persons listed in rule 68.3(3).

(3) Any submissions made under this rule shall be referred to the judge considering whether to accept the reference, who may take them into account to such extent as the judge considers appropriate, or may decline to take them into account.

PART 69 — COURT'S POWER TO APPOINT A RECEIVER

Scope of this Part	Rule 69.1
Court’s power to appoint receiver	Rule 69.2
How to apply for the appointment of a receiver	Rule 69.3
Service of order appointing receiver	Rule 69.4
Security	Rule 69.5
Receiver’s application for directions	Rule 69.6
Receiver’s remuneration	Rule 69.7
Accounts	Rule 69.8
Non-compliance by receiver	Rule 69.9
Application for discharge of receiver	Rule 69.10
Order discharging or terminating appointment of receiver	Rule 69.11

Scope of this Part

69.1

(1) This Part contains provisions about the court’s power to appoint a receiver.

(2) In this Part “receiver” includes a manager.

Court’s power to appoint receiver

69.2

(1) The court may appoint a receiver—

(a) before proceedings have started;

(b) in existing proceedings; or

(2) A receiver must be an individual.

(3) The court may at any time—

(a) terminate the appointment of a receiver; and

(b) appoint another receiver in his place.

(Practice Direction 69 describes the powers for the court to appoint a receiver.)

How to apply for the appointment of a receiver

69.3

An application for the appointment of a receiver—

(a) may be made without notice; and

(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

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;

(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

(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

(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

(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 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
. . .	. . .
---	---
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .

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 1920[^f00016];

(b) “the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 1933[^f00017];

(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;

(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.

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;

(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 1980[^f00020] 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;

(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

(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.

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,

(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

(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 registration

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.

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.

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

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

(2) A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in the County Court must apply for a certified copy of the judgment.

(3) The application may be made without notice.

Evidence in support

74.13

(1) The application must be supported by written evidence exhibiting copies of—

(a) the claim form in the proceedings in which judgment was given;

(b) evidence that it was served on the defendant;

(d) where relevant, a document showing that for those proceedings the applicant was a person to whom legal aid, as defined in rule 44.1, was provided.

(2) The written evidence must—

(a) identify the grounds on which the judgment was obtained;

(b) state whether the defendant objected to the jurisdiction and, if he did, the grounds of his objection;

(i) has been served in accordance with Part 6 and rule 40.4, and

(ii) is not subject to a stay of execution;

(d) state—

(i) the date on which the time for appealing expired or will expire;

(ii) whether an appeal notice has been filed;

(iii) the status of any application for permission to appeal; and

(iv) whether an appeal is pending;

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