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European enforcement order - England and Wales


FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

United Kingdom England and Wales

Recognising and enforcing judgements in civil and commercial matters - European enforcement order


1. Procedures for rectification and withdrawal (Art. 10(2))

2. Procedures for review (Art.19 (1))

3. Accepted languages (Article 20(2)(c))

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

1. Procedures for rectification and withdrawal (Art. 10(2))

The Rules of Court for England and Wales made under the Civil Procedure Act 1997 will be used to give effect to this Regulation. These Rules of Court are known as the Civil Procedure Rules (CPR) and are made by statutory instrument.

Link opens in new windowPart 74.27 of the Civil Procedure Rules and it accompanying Practice Direction, Link opens in new windowPractice Direction 74B contain provisions for the European Enforcement Order in England and Wales including procedures for rectification and withdrawal.

Article 10 refers to the entitlement to apply to the court to have a certificate rectified (if it is at variance with the judgment) or withdrawn (if it is at variance with the Regulation). The procedure that is in place to deal with these situations is Link opens in new windowCPR Part 23 which contains the rules for making applications to the court. An application under Article 10 will be made to the court which issued the European Enforcement Order using the procedure in Part 23.

The application will be made on an application notice known as Form(*) Link opens in new windowN244.The application notice must state what order the applicant is seeking (i.e an order for rectification or withdrawal) and why the applicant is seeking the order (for example, because there is a discrepancy in the certificate).

Article 10 refers to the entitlement to apply to the court to have a certificate rectified (if it is at variance with the judgment) or withdrawn (if it is at variance with the Regulation). The procedure that is in place to deal with these situations is CPR Part 23 which contains the rules for making applications to the court. It is envisaged that an application under Article 10 will be made to the court which issued the European Enforcement Order using the procedure in Part 23.

(*) UK confirms that the standard forms in the Regulation will be used. Annexes I-V of the R egulation are the forms in which the certificates shall be issued by the court. Creditors will use the relevant UK court forms to make the requisite applications and the certificate will be issued in the form provided by the Regulation. It is envisaged that an application under Article 10(3) may be made using UK´s standard form of application or the form at Annex VI of the Regulation.

2. Procedures for review (Art.19 (1))

The Rules of Court for England and Wales made under the Civil Procedure Act 1997 will be used to give effect to this Regulation. These Rules of Court are known as the Civil Procedure Rules (CPR) and are made by statutory instrument.

Article 19(1) requires that the debtor must be entitled to apply for a review of the judgment in circumstances where the document instituting the proceedings did not reach him or he was prevented from objecting to the claim through no fault of his own.

Part 13 of the CPR will permit the judgment debtor to apply for a review of the judgment in the circumstances described in Article 19. It sets out the procedure for making an application to set aside or vary default judgment. Default judgment can be obtained where the judgment debtor has failed to file an acknowledgment of service and/or a defence. Part 13 of the CPR will permit the judgment debtor to apply for a review of the judgment in the circumstances described in Article 19. It sets out the procedure for making an application to set aside or vary default judgment.

No forms are prescribed for making an application to set aside or vary default judgment. It is usual for the applicant to make the application using the application notice in Form N244 (Link opens in new windowhttp://www.hmcourts-service.gov.uk/courtfinder/forms/n244_eng.pdf). The applicant should state the order he wants and why judgment should be set aside or varied, for example because he was not served the proceedings in sufficient time to prepare his defence. The hearing of that application will entail a review of the judgment.

3. Accepted languages (Article 20(2)(c))

Certificates sent to England and Wales will be accepted in English.

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

While Authentic Instruments from other Member States will be enforced in England and Wales they are not produced in England and Wales. Therefore there is no need to designate an authority to certify them.


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 05/07/2016