Foreign Judgments (Reciprocal Enforcement) Act 1933
| Jurisdiction | UK Non-devolved |
Foreign Judgments (Reciprocal Enforcement) Act, 1933.
(23 & 24 Geo. 5.) CHAPTER 13.
An Act to make provision for the enforcement in the United Kingdom of judgments given in foreign countries which accord reciprocal treatment to judgments given in the United Kingdom, for facilitating the enforcement in foreign countries of judgments given in the United Kingdom, and for other purposes in connection with the matters aforesaid.
[13th April 1933]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Registration of Foreign Judgments.
1 Power to extend Part I of Act to foreign countries giving reciprocal treatment.
(1) His Majesty, if he is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior courts of the United Kingdom, may by Order in Council direct—
( a ) that this Part of this Act shall extend to that foreign country; and
( b ) that such courts of that foreign country as are specified in the Order shall be deemed superior courts of that country for the purposes of this Part of this Act.
(2) Any judgment of a superior court of a foreign country to which this Part of this Act extends, other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which this Part of this Act applies, if—
( a ) it is final and conclusive as between the parties thereto; and
( b ) there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and
( c ) it is given after the coming into operation of the Order in Council directing that this Part of this Act shall extend to that foreign country.
(3) For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.
(4) His Majesty may by a subsequent Order in Council vary or revoke any Order previously made under this section.
2 Application for, and effect of, registration of foreign judgment.
(1) A person, being a judgment creditor under a judgment to which this Part of this Act applies, may apply to the High Court at any time within six years after the date of the judgment, or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the High Court, and on any such application the court shall, subject to proof of the prescribed matters and to the other provisions of this Act, order the judgment to be registered:
Provided that a judgment shall not be registered if at the date of the application—
( a ) it has been wholly satisfied; or
( b ) it could not be enforced by execution in the country of the original court.
(2) Subject to the provisions of this Act with respect to the setting aside of registration—
( a ) a registered judgment shall, for the purposes of execution, be of the same force and effect; and
( b ) proceedings may be taken on a registered judgment; and
( c ) the sum for which a judgment is registered shall carry interest; and
( d ) the registering court shall have the same control over the execution of a registered judgment;
as if the judgment had been a judgment originally given in the registering court and entered on the date of registration:
Provided that execution shall not issue on the judgment so long as, under this Part of this Act and the Rules of Court made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.
(3) Where the sum payable under a judgment which is to be registered is expressed in a currency other than the currency of the United Kingdom, the judgment shall be registered as if it were a judgment for such sum in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at the date of the judgment of the original court, is equivalent to the sum so payable.
(4) If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original court, but only in respect of the balance remaining payable at that date.
(5) If, on an application for the registration of a judgment, it appears to the registering court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.
(6) In addition to the sum of money payable under the judgment of the original court,including any interest which by the law of the country of the original court becomes due under the judgment up to the time of registration, the judgment shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.
3 Rules of court.
(1) The power to make rules of court under section ninety-nine of the Supreme Court of Judicature (Consolidation) Act, 1925 , shall, subject to the provisions of this section, include power to make rules for the following purposes—
( a ) For making provision with respect to the giving of security for costs by persons applying for the registration of judgments;
( b ) For prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters;
( c ) For providing for the service on the judgment debtor of notice of the registration of a judgment;
( d ) For making provision with respect to the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed;
( e ) For prescribing the method by which any question arising under this Act whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, is to be determined;
( f ) For prescribing any matter which under this Part of this Act is to be prescribed.
(2) Rules made for the purposes of this Part of this Act shall be expressed to have, and shall have, effect subject to any such provisions contained in Orders in Council made under section one of this Act as are declared by the said Orders to be necessary for giving effect to agreements made between His Majesty and foreign countries in relation to matters with respect to which there is power to make rules of court for the purposes of this Part of this Act.
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