Form No.63
Published date | 21 March 2018 |
Subject Matter | King's Bench forms |
No. 63
Writ of Control to enforce foreign registered judgment
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
[ ] District Registry
In the matter of the Administration of Justice Act 1920, Part II [or the Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I] [or the Civil Jurisdiction and Judgments Act 1982] [or the Judgment Regulation] [or the Lugano Convention]
and
In the matter of a judgment of (describe the court) obtained in (describe the proceedings) and dated (date)
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Our other realms and territories Queen, Head of the Commonwealth, Defender of the Faith.
TO: “ .…..…, an enforcement officer authorised to enforce writs of control issued from the High Court.”
Or,
“The enforcement officers authorised to enforce writs of control issued from the High Court who are assigned to the district of[1] ……… in England & Wales.[2]
A JUDGMENT dated the (date) of (describe the court) registered in our High Court of Justice in England and Wales pursuant to Part II of the Administration of Justice Act 1920 [or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933] [or the Civil Jurisdiction and Judgments Act 1982] [or the Judgment Regulation] [or the Lugano Convention]
adjudged that the (name of party liable) pay (name of party entitled) (amount in foreign currency) and the amount now due and owing under the said judgment is now equivalent to the sum set out in the Schedule below.
YOU ARE NOW COMMANDED to take control of goods of (name of party liable) authorised by law and raise therefrom the sum(s) detailed in the Schedule, [together with fees and charges to which you are entitled] and immediately thereafter to pay (name of party entitled) the said sums and interest.
YOU ARE ALSO COMMANDED to indorse on this writ immediately after enforcement a statement of the manner in which you have do so and send a copy of the statement to (name of party entitled).
THIS WRIT WAS ISSUED by the Central Office [the District Registry] of the High Court on (date) on the application of (name) of (address) [agent for (name) of (address)] legal representative for [the claimant] [or the claimant (name) in person] who resides at (address).
WITNESS (name) Lord High Chancellor of Great Britain, the (date)
The address[es] for enforcement are (give address[es] including county and postcode).
SCHEDULE
1. Date of Judgment or Order: …………………………20
2. Amount of Judgment or Order (including interest awarded by Judgment or Order) £
3. Interest[3] on the sum in paragraph 1[4] £
4. Costs of obtaining and registering the Judgment or order £
5. LESS credits or payments received since registration of the Judgment or Order £ _____
Sub Total £
6. Fixed costs on issue £____
Total £
Together with: -
A. Interest on the sum in paragraph 1 above in accordance with the law of (the State in which the judgment was given) at such rate and for such period as are included in the judgment as registered (or as may be), namely at [ ]% from the date of issue of the writ of control until payment,
B. Interest at [ ]% on the sum in paragraph 3 from the date of registration until payment
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