The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024
| Jurisdiction | UK Non-devolved |
| Year | 2024 |
| Citation | SI 2024/713 |
2024 No. 713
PRIVATE INTERNATIONAL LAW
The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024
Made 24th May 2024
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(1), (9), (10)(a) and (12) of, and paragraph 4(2)(d) of Schedule 6 to, the Private International Law (Implementation of Agreements) Act 20201(“the 2020 Act”), and with the consent of the Scottish Ministers and the Department of Justice for Northern Ireland.
The Secretary of State is an appropriate national authority for the purposes of section 2 of the 2020 Act2.
In accordance with paragraph 2 of Schedule 6 to the 2020 Act, the Secretary of State has consulted such persons as the Secretary of State thinks appropriate.
In accordance with paragraph 4(2)(a) and (d) of Schedule 6 to the 2020 Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024.
(2) These Regulations come into force on the date on which the 2019 Hague Convention enters into force in respect of the United Kingdom, as determined under Article 28(2)(a) of that Convention, which date will be notified in the London, Edinburgh and Belfast Gazettes.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Interpretation
2. In these Regulations—
“the 1982 Act” means the Civil Jurisdiction and Judgments Act 19823;
“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague.
Amendments to the Civil Jurisdiction and Judgments Act 1982
3. The 1982 Act is amended in accordance with regulations 4 to 18.
Interpretation of references to the 2019 Hague Convention and its Contracting States
4.—(1) Section 1 (interpretation of references to the Conventions and Contracting States)4is amended as follows.
(2) In subsection (1)—
(a)
(a) in the definition of “the 2005 Hague Convention”, for “the Hague” substitute “The Hague”, and
(b)
(b) after the definition of “the 2007 Hague Convention” insert—
“
“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague;
(3) In subsection (3)—
(a)
(a) after the definition of “2007 Hague Convention State” insert—
“
“2019 Hague Convention State”, in any provision, in the application of that provision in relation to the 2019 Hague Convention, means a State bound by that Convention;
”, and
(b)
(b) in the definition of “Contracting State”, after paragraph (c) insert—
“
and
(d)
(d) in the application of the provision in relation to the 2019 Hague Convention, a 2019 Hague Convention State.
Incorporation of the 2019 Hague Convention
5.—(1) After section 3E5insert—
“
The 2019 Hague Convention to have the force of law
3F.—(1) The 2019 Hague Convention shall have the force of law in the United Kingdom.
(2) For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H.
(2) After Schedule 3GA insert new Schedule 3H which is set out in the Schedule to these Regulations.
Registration and enforcement of judgments under the 2005 Hague Convention
6.—(1) Section 4B (registration and enforcement of judgments under the 2005 Hague Convention)6is amended as follows.
(2) For subsection (1) substitute—
“
1 Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed7manner for the judgment to be registered.
(3) For subsection (3) substitute—
“
3 On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—
(a) the requirements of Article 13 of the 2005 Hague Convention have been met, and
(b) the judgment—
(i) meets the condition in Article 8(3) of the 2005 Hague Convention, and
(ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.
(4) In subsection (5)—
(a)
(a) omit the words from “which” to “Convention”, and
(b)
(b) after “registered” insert “under this section”.
(5) In subsection (6), for the words from “which” to “Convention” substitute “registered under this section”.
Registration and enforcement of judgments under the 2019 Hague Convention
7. After section 4B insert—
“
Registration and enforcement of judgments under the 2019 Hague Convention
4C.—(1) Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.
(2) In subsection (1) “the appropriate court” means—
(a)
(a) in England and Wales or Northern Ireland, the High Court;
(b)
(b) in Scotland, the Court of Session.
(3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that—
(a)
(a) the requirements of Article 12 of the 2019 Hague Convention have been met, and
(b)
(b) the judgment—
(i) meets the condition in Article 4(3) of the 2019 Hague Convention,
(ii) meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and
(iii) otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention.
(4) The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.
(5) Where a judgment has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.
(6) A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.
(7) Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2019 Hague Convention may be enforced.
Applications to set aside decisions on registration of judgments under the 2005 Hague Convention
8. For section 6B (appeals in relation to registration of judgments under the 2005 Hague Convention)8substitute—
“
Applications to set aside decisions on registration of judgments under the 2005 Hague Convention
6B.—(1) Either party may apply to set aside the decision on an application under section 4B(1).
(2) An application under subsection (1) must be made—
(a)
(a) in England and Wales or Northern Ireland, to the High Court;
(b)
(b) in Scotland, to the Court of Session.
(3) Where an application under subsection (1) is brought against a decision to register a judgment, the court—
(a)
(a) must set aside the decision and refuse to register the judgment if it is satisfied that—
(i) the condition in Article 8(3) of the 2005 Hague Convention is not met, or
(ii) the judgment otherwise does not meet the requirements of the 2005 Hague Convention;
(b)
(b) may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies.
(4) Where an application under subsection (1) is brought against a decision not to register a judgment, the court—
(a)
(a) must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—
(i) the condition in Article 8(3) of the 2005 Hague Convention is met,
(ii) the judgment otherwise meets the requirements of the 2005 Hague Convention, and
(iii) none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies;
(b)
(b) may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—
(i) the condition in paragraph (a)(i) is met,
(ii) the requirements referred to in paragraph (a)(ii) are met, and
(iii) one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,
or otherwise considers that it is appropriate to do so.
(5) Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.
Applications to set aside registration of judgments under the 2019 Hague Convention
9. After section 6B insert—
“
Applications to set aside decisions on registration...
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