Foreign Judgments under the 1920 Act or the 1933 Act

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.

The registration of foreign judgments under section 9 of the Administration of Justice Act 1920 or section 2 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 are governed by chapter 62 of the Court of Session Rules.

The terms of section 62.8 of the Court of Session Rules state:

62.8.-(1) Where the court pronounces an interlocutor under rule 62.7(1) granting warrant for registration, the Deputy Principal Clerk shall enter details of the judgment in a register of judgments under the Act of 1920 or the Act of 1933, as the case may be, kept in the Petition Department.

(2) On presentation by the petitioner to the Keeper of the Registers of-

(a) a certified copy of the interlocutor under rule 62.7(1) granting warrant for registration,

(b) the judgment or a certified copy of the judgment and any translation of it, and

(c) any certificate of currency conversion under rule 62.2(1)(b),

they shall be registered in the register of judgments of the Books of Council and Session.

(3) An extract of a registered judgment with a warrant for execution shall not be issued by the Keeper of the Registers until the certificate mentioned in rule 62.10(3) is produced to him.

Where an application has followed these rules it will be acceptable for registration in the Register of Judgments.

Useful links

Civil Jurisdiction and Judgments Act 1982 (External link)

Court of Session Rules Scottish Courts and Tribunals website (External link)

Administration of Justice Act 1920 (External link)

Foreign Judgments (Reciprocal Enforcement) Act 1933 (External link)

The certificate of currency conversion is governed by section 62.2 of the Court of Session Rules.
If a translation is required this is governed by section 62.3 of the Court of Session Rules.

Example of interlocutor

Example of judgment

Example of currency conversion certificate

Where there is any doubt about the registrability of an application to register this type of judgment it should be referred to the Registration Practice team.