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Process Steps
1.1 See European Enforcement Orders for full guidance on issuing certificates of enforceability.
1.2 On receipt of a 62.41 the request should be acknowledged and we should aim to return the certificate within 48hrs.
1.3 Add the details to the European Enforcement Order Index spreadsheet which is located in the CAJR Fileshare.
1.4 Optional - Take a photocopy of the letter and documents so you can write on these when cross-referring requirements. Note the enclosures of the letter match the enclosures noted in the letter.
1.5 Check that the content of the letter requesting a certificate is clear and quotes one of the following rules: 62.40; 62.41; 62.42; 62.84.
1.6 Confirm that all criteria has been met against the guidelines above; for further guidance see Chapter 62 - Recognition, Registration and Enforcement of Foreign Judgments, etc. of the Court of Session Rules available at this link:
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https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/court-of-session-rules |
1.7 Go to the CAJR fileshare to identify the appropriate template and make a certificate and backing from a previous one. There are separate folders for backings and completed certificates.
1.8 Once you have completed the text, proof-read and print off 2 copies:
- A file copy can be kept as a sample in the appropriate folder in the fireproof cupboard
- The other copy will be the certificate
Additional Information
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Civil Jurisdiction and Judgments Act 1982 (External link) Act of Sederunt (Rules of the Court of Session 1994) 1994 (External link) |
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CAJR fileshare - O:\Registration\Public\CAJR |
Completing the Extracts and Certificate
2.1 Extract - In the case of a 62.41 there may be a Books of Council and Session extract submitted with an affidavit. If so, we will keep this and supply the customer with a new extract. If no extract is submitted then obtain the information from the Affidavit and set up a new extract by printing from the RACCAJR Archive Viewer, using the pres/exec header/footer, etc. Alternatively, ask SO1 Chancery to do this.
2.2 Certificate - Use the 2nd copy of the certificate to produce another extract (2mm cover). The backing does not require to be sealed but the certificate will need sealed and signed.
2.3 Once complete, invoice the customer for £30 using CAJR MISC in eFin. Keep a file copy of the invoice and update cashbook, etc.
2.4 Send a letter confirming the issue of the extract and the certificate and include the invoice. See the letters folder in the CAJR fileshare.
2.5 Once complete, place copy of documents into box along with a copy of the invoice; please update entry in the European Enforcement Order Index spreadsheet.