UNITED KINGDOM STATUTORY INSTRUMENT
1971 No. 1039
JUDGMENTS
The Reciprocal Enforcement of Foreign Judgments (Israel) Order 1971
Made 23th June 1971
Coming into Operation 26th July 1971
At the Court at Buckingham Palace, the 23rd day of June 1971
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 enforcement 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 that Act shall have effect subject to any such provisions contained in Orders in Council made under section 1 of the said 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 that 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 in Civil Matters, signed at London on 28th October 1970, has been ratified by the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Israel:
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 Israel, substantial reciprocity of treatment will, under the terms of the said Convention, be assured as respects the enforcement in Israel of judgments given in the superior courts of the United Kingdom; and is accordingly minded to direct that Part I of the said Act shall extend to Israel:
And whereas it is expedient to specify the Courts in Israel which are, for the purposes of that 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 said 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
This Order may be cited as the Reciprocal
Enforcement of...
1. This Order may be cited as the Reciprocal Enforcement of Foreign Judgments (Israel) Order 1971 and shall come into operation on 26th July 1971.
S-2
Part I
of the Foreign Judgments (Reciprocal
Enforcement) Act...
2. Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall extend to Israel.
S-3
The following courts of Israel shall
be deemed superior courts...
3. The following courts of Israel shall be deemed superior courts of Israel for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, that is to say:—
The Supreme Court;
The District Courts;
Rabbinical Courts;
Moslem Religious Courts;
Christian Religious Courts;
Druze Religious Courts.
S-4
No security for costs shall be required
to be given by any...
4. 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 Israel.
S-5
A judgment of a superior court of Israel
shall, in the absence...
5. A judgment of a superior court of Israel shall, in the absence of proof to the contrary, be deemed to be capable of execution in Israel if a certified copy of the judgment is produced authenticated by the court stamp and accompanied by a certificate issued by an officer of the original court that it is capable of execution in Israel.
S-6
The rate of interest due under the
law of Israel upon the sum...
6. The rate of interest due under the law of Israel upon the sum in respect of which a judgment of a superior court of Israel 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 Israel.
S-7
A translation of the judgment of a
superior court of Israel or...
7. A translation of the judgment of a superior court of Israel or of any other document accompanying an application for registration of such a judgment shall, if certified by a notary or by a diplomatic or consular officer of either the United Kingdom or Israel, be accepted without further authentication.
W.G. Agnew
SCHEDULE
SCHEDULE
CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF ISRAEL 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 Israel;
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 this Convention:
“”
“” means
“” means
“” means
“” means
“”
Subject to the provisions of paragraph (2) of this Article, this Convention shall apply to judgments in any civil proceedings, and to judgments in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party, given after the date of the entry into force of this 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 Judicature; and
in the case of Israel, the Supreme Court, the District Courts, Rabbinical Courts, Moslem Religious Courts, Christian Religious Courts and Druze Religious Courts.
This Convention shall not apply to:
judgments given on appeal from courts not referred to in paragraph (1) of this Article;
judgments given in proceedings for the recovery of taxes or other charges of a like nature or for the recovery of a fine or other...
