Evidence in support of application for certified copy of a judgment obtained in the High Court or in the County Court for enforcement in a foreign country (CPR 74.12 and 74.13)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
PF 163 Evidence in support of application for certified copy of a judgment obtained in the High Court or in the County Court for enforcement in a foreign country (CPR 74.12 and 74.13)
[IN THE HIGH COURT OF JUSTICE
[ ] DIVISION
[ ] District Registry]
[In the County Court sitting at . . . . . . . . ]
In the matter of [Section 10 of the Administration of Justice Act 1920] [Section 10 of the Foreign Judgments (Reciprocal Enforcement) Act 1933] [Section 12 of the Civil Jurisdiction and Judgments Act 1982] [Article 53 of the Judgments Regulation] [Article 54 of the Lugano Convention]
AND in the matter of a judgment of the (name of court) dated (date) in proceedings between:
Claimant
Defendant
I, (name, address and description) state [on oath] as follows:-
- I make this [witness statement] [affidavit] in support of an application by the (party) under rule 74.12 for a certified copy of the above-mentioned judgment
[1A (If applying under Article 53 of the Judgments Regulation)
I file herewith in accordance with Rule 74.12(2)(b) a completed draft of the certificate in the form of Annex 1 to the Judgments Regulation.]
- There is now produced to me a bundle exhibited hereto and marked “A” containing copies of
(a) the claim form in the said proceedings
(b) evidence that it was served on the defendant, namely [an acknowledgement of service] [a certificate of service] [or as the case may be]
(c) the statements of case in the proceedings,
[(d) (where relevant) the document showing that for such proceedings the applicant was a person to whom legal aid, as defined in rule 44.1, was provided].
3. (a) The grounds on which the judgment was based were that (identify the grounds).
(b) The defendant [did] [did not] object to the jurisdiction of the court. [(If he did) The grounds of his objection were (state the grounds).]
(c) The said judgment
(i) has been served in accordance with Part 6 and CPR 40.4 by (show the means and date of service), and
(ii) is not subject to a stay of execution
(d)
(i) The date on which the time for appealing against the judgment expired or will expire was/is [date]
(ii) an appeal notice [has] [has not] been filed
(iii) the status of any application for permission to appeal is as follows (set forth the position)
(iv) an appeal [is] [is not] pending
(e) the judgment [does] [does not] provide for the...
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