Reciprocal Enforcement of Foreign Judgments (Norway) Order, 1962

JurisdictionUK Non-devolved
CitationSI 1962/636

1962 No. 636

JUDGMENTS

The Reciprocal Enforcement of Foreign Judgments (Norway) Order 1962

Made 28th March 1962

Coming into Operation 6th April 1962

At the Court at Buckingham Palace, the 28th day of March, 1962

Present,

The Queen's Most Excellent Majesty in Council

Whereas by Section 1 of the Foreign Judgments (Reciprocal Enforcement) Act, 1933, Her Majesty, if She is satisfied that, in the event of the benefits conferred by Part I of the said Act being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcements in that foreign country of judgments given in the superior courts of the United Kingdom, is empowered to direct by Order in Council that Part I of the said Act shall extend to that foreign country and that such courts of that foreign country as are specified in the Order shall be deemed to be superior courts of that country for the purposes of the said Part I;

And whereas by Section 3 of the said Act it is provided that rules of court made for the purposes of the Act shall have effect subject to any such provisions contained in Orders in Council made under Section 1 of the Act as are declared by the said Orders to be necessary for giving effect to agreements made between Her Majesty and foreign countries in relation to matters with respect to which there is power to make rules for the purposes of the Act;

And whereas a Convention, a copy whereof is set out in the Schedule to this Order, relating to the Reciprocal Recognition and Enforcement of Judgments, signed at London on the 12th day of June, 1961, has been ratified by Her Majesty and His Majesty the King of Norway;

And whereas Her Majesty is satisfied that, in the event of Part I of the said Act being extended to judgments given in the superior courts of the Kingdom of Norway, substantial reciprocity of treatment will, under the terms of the said Convention, be assured as respects the enforcement in the Kingdom of Norway of judgments given in the superior courts of the United Kingdom; and is accordingly minded to direct that Part I of the Act shall extend to the Kingdom of Norway;

And whereas it is expedient to specify the Courts in the Kingdom of Norway which are, for the purposes of the said Act, to be deemed to be superior courts, and necessary, in order to give effect to the said Convention, to make certain provisions in relation to matters with respect to which there is power to make rules of court for the purposes of the Act:

Now, therefore, Her Majesty, by virtue and in exercise of Her powers under the said Act, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:—

S-1 Part I of the Foreign Judgments (Reciprocal Enforcement) Act,...

1. Part I of the Foreign Judgments (Reciprocal Enforcement) Act, 1933, shall extend to the Kingdom of Norway.

S-2 The following courts of the Kingdom of Norway shall be deemed...

2. The following courts of the Kingdom of Norway shall be deemed superior courts of the Kingdom of Norway for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act, 1933, that is to say:—

The Supreme Court;

The Courts of Appeal;

The County Courts;

The City Courts.

S-3 No security for costs shall be required to be given by any...

3. No security for costs shall be required to be given by any person making application for the registration of a judgment of a superior court of the Kingdom of Norway.

S-4 The applicant for the registration of a judgment of a superior...

4. The applicant for the registration of a judgment of a superior court of the Kingdom of Norway shall in the affidavit of facts required by rules of court to support the application for the registration state whether the judgment is capable of execution by provisional execution (avsetning) or by ordinary execution.

S-5 The rate of interest due under the law of the Kingdom of Norway...

5. The rate of interest due under the law of the Kingdom of Norway upon the sum in respect of which a judgment of a superior court of the Kingdom of Norway is given shall be deemed to be that specified in the judgment or any certificate of the original court accompanying the judgment and, if no rate is so specified, no interest shall be deemed to be due thereon under the law of the Kingdom of Norway.

S-6 A translation of the judgment of a superior court of the...

6. A translation of the judgment of a superior court of the Kingdom of Norway or of any other document accompanying an application for registration of such a judgment shall, if certified by a sworn translator or by a diplomatic or consular officer of either the United Kingdom or the Kingdom of Norway, be accepted without further authentication.

S-7 This Order may be cited as the Reciprocal Enforcement of...

7. This Order may be cited as the Reciprocal Enforcement of Foreign Judgments (Norway) Order, 1962, and shall come into operation on the 6th day of April, 1962.

W.G. Agnew

SCHEDULE

SCHEDULE

CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE KINGDOM OF NORWAY PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL MATTERS

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway;

Desiring to provide on the basis of reciprocity for the recognition and enforcement of judgments in civil matters;

Have agreed as follows:

General

For the purposes of the present Convention:

The words “territory of one (or of the other) Contracting Party” mean:

; and

in relation to the Kingdom of Norway, Norway

.

the word “judgment” means .

The words “original court” mean .

The words “judgment debtor” mean .

The word “appeal” .

Subject to the provision of paragraph (2) of this Article, the present Convention shall apply to judgments in civil matters and to judgments given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party, pronounced after the date of the entry into force of the present Convention by the following courts:

in the case of the United Kingdom, the House of Lords; for England and Wales, the Supreme Court of Judicature (Court of Appeal and High Court of Justice) and the Courts of Chancery of the Counties Palatine of Lancaster and Durham; for Scotland, the Court of Session and the Sheriff Court; and for Northern Ireland, the Supreme Court of...

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