The guidance on this page is under review. If there is any doubt about a registration of this type, please refer to the Registration Practice team or Policy.
Registration under section 18 of and schedule 6 to the Civil Jurisdiction and Judgments Act 1982
Section 74.17 of the HM Courts & Tribunals Service, Civil Procedure Rules (CPR), Rules and Directions deals with applications to register a judgment in relation to a money judgment of the High Court or the County Court. This rule applies to applications under paragraph 2 of Schedule 6 to the Civil Jurisdiction and Judgments Act 1982 for a certificate to enable the money provisions of a judgment of the High Court or of the County Court to be enforced in another part of the United Kingdom.
See also section 62.37 of the Court of Session Rules where it states:
62.37.- (1) An application under paragraph 5 of Schedule 6 to the Act of 1982 (application for registration in the Court of Session of a certificate in relation to a money provision in a judgment from another part of the United Kingdom) shall be made by presenting to the Keeper of the Registers-
(a) a certificate under paragraph 4(1) of Schedule 6 to the Act of 1982; and
(b) any certificate of currency conversion under rule 62.2(1)(b).
(2) On presentation of the certificate mentioned in paragraph (1)(a), the Keeper of the Registers shall-
(a) register the certificate in the register of judgments of the Books of Council and Session; and
(b) issue an extract of the certificate with a warrant for execution.
Per Practice Direction 74A, paragraph 8.2, a certificate issued under rule 74.17 for the enforcement in Scotland of a money judgment of the High Court or of a County Court will be in Form 111. This is the certificate referred to above in section 62.37(1) of the Court of Session Rules.
The presenting Agent will submit to the Keeper a Form 111. The form will have been presented to the relevant court and will be sealed and signed by an officer of the court. The full title of this form is "Form 111 Certificate of the enforcement in Scotland or Northern Ireland of a money judgment of the High Court or of the County Court (Section 18 of and Schedule 6 to the Jurisdiction and Judgments Act 1982) (CPR 74.17 and Practice Direction 74A paragraph 8.2)"
The style of this form is not prescribed so provided all the necessary information is included on the document submitted it will be acceptable. It does not require to be an exact reproduction of the example of a Form 111 provided on this page. If in doubt, refer the application to the referral officer.
When the Form 111 is submitted to RoS it must be sealed with the seal of the High Court or the County Court and it must also be signed by an officer of the relevant court. While the form must be signed there is no prescribed format for the signature. The Requirements of Writing (Scotland) Act 1995 does not apply as the document is from an English court.
Certificate of Money Provisions - Judgment Set Aside
Civil Jurisdiction and Judgments Act 1982 (External link)
HM Courts & Tribunals Service, Civil Procedure Rules (CPR), Rules and Directions (External link)
Court of Session Rules Scottish Courts and Tribunals website (External link)
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Example of Form 111