The Civil Procedure (Amendment No. 7) Rules 2014
| Jurisdiction | UK Non-devolved |
2014No. 2948 (L. 32)
SENIOR COURTS OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Civil Procedure (Amendment No. 7) Rules 2014
10thNovember2014
12thNovember2014
10thJanuary2015
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997( 1) to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No. 7) Rules 2014.
2. These Rules shall come into force on 10th January 2015.
3. In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998( 2).
Amendments to the Civil Procedure Rules 1998
4. (1) Part 6 is amended as follows.
(2) In rule 6.31(1), for sub-paragraph (d) substitute-
"(d) "the Judgments Regulation" means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)( 3), as amended from time to time and as applied pursuant to the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters( 4);
(For application of the recast Judgments Regulation to Denmark, see also the Official Journal of the European Union at OJ L79, 21.3.2013. p.4)".
(3) In rule 6.33-
(a) in paragraph (2)-
(i) in sub-paragraph (a), at the beginning insert "subject to paragraph (2A)"; and
(ii) for sub-paragraph (b) substitute-
"(b)
(i) the defendant is domiciled in the United Kingdom or in any Member State;
(ii) the defendant is not a consumer, but is a party to a consumer contract within article 17 of the Judgments Regulation;
(iii) the defendant is an employer and a party to a contract of employment within article 20 of the Judgments Regulation;
(iv) the proceedings are within article 24 of the Judgments Regulation; or
(v) the defendant is a party to an agreement conferring jurisdiction within article 25 of the Judgments Regulation."; and
(b) after paragraph (2) insert-
"(2A) Paragraph (2)(a) does not apply if the jurisdiction conferred by the agreement referred to in paragraph (2)(b)(v) is exclusive.".
5. (1) Part 74 is amended as follows.
(2) In the Table of Contents-
(i) after the entry for rule 74.3, insert-
"Enforcement under the Judgments Regulation |
74.3A"; |
(ii) after the entry for rule 74.4, insert-
"Procedure for enforcing judgments under the Judgments Regulation |
74.4A"; |
(iii) after the entry for rule 74.7, insert-
"Refusal of recognition or enforcement under the Judgments Regulation |
74.7A |
Relief against enforcement under the Judgments Regulation |
74.7B |
Suspension of proceedings in which a judgment is invoked under the Judgments Regulation |
74.7C"; |
(iv) after the entry for rule 74.11, insert-
"Adaptation of certain orders in foreign judgments subject to the Judgments Regulation |
74.11A". |
(3) In rule 74.1-
(a) in paragraph (5), for sub-paragraph (d) substitute-
"(d) "the Judgments Regulation" means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)( 5), as amended from time to time and as applied pursuant to the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters( 6);
(For application of the recast Judgments Regulation to Denmark, see also the Official Journal of the European Union at OJ L79, 21.3.2013. p.4)"; and
(b) omit the words in parentheses at the end of the rule.
(4) In rule 74.3(1)-
(a) at the end of sub-paragraph (c), insert "and";
(b) omit sub-paragraph (d); and
(c) renumber sub-paragraph (e) to become sub-paragraph (d).
(5) After rule 74.3, insert-
"Enforcement under the Judgments Regulation
74.3A.
(1) This Section also provides rules about-
(a) the enforcement of foreign judgments in England and Wales under the Judgments Regulation; and
(b) applications for the refusal of recognition and enforcement under the Judgments Regulation.".
(6) In rule 74.4(6), omit-
(a) "the Judgments Regulation or"; and
(b) "that regulation or".
(7) After rule 74.4, insert-
"Procedure for enforcing judgments under the Judgments Regulation
74.4A. A person seeking the enforcement of a judgment which is enforceable under the Judgments Regulation must, except in a case falling within article 43(3) of the Regulation (protective measures), provide the documents required by article 42 of the Regulation.".
(8) In rule 74.5(6)-
(a) at the end of sub-paragraph (b), omit "and";
(b) at the end of sub-paragraph (c), for the comma substitute "; and"; and
(c) after sub-paragraph (c) insert-
"(d) any application relating to the recognition or enforcement of a judgment pursuant to the Judgments Regulation,".
(9) In rule 74.6(3)(c)(ii)-
(a) after "the 1982 Act", omit "or"; and
(b) after "the Lugano Convention,", omit "or the Judgments Regulation,".
(10) After rule 74.7, insert-
"Refusal of recognition or enforcement under the Judgments Regulation
74.7A.
(1) An application under article 45 or 46 of the Judgments Regulation that the court should refuse to recognise or enforce a judgment must be made-
(a) in accordance with Part 23; and
(b) to the court in which the judgment is being enforced or, if the judgment debtor is not aware of any proceedings relating to enforcement, the High Court.
(2) An appeal against a decision granting or refusing an application for refusal of recognition or enforcement of a judgment under the Judgments Regulation must be made in accordance with Part 52, subject to the following provisions of this rule.
(3) Permission is not required to-
(a) appeal; or
(b) put in evidence.
(4) Unless the court orders otherwise, the judgment debtor must, as soon as practicable, serve copies of any order made under article 45 or 46 or in any appeal under article 49 on-
(a) all other parties to the proceedings and any other person affected by the order;
(b) any court in which...
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