Registration of a Judgment under Court of Session Rule 62.32

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 the Civil Jurisdiction and Judgments Act 1982 or the Lugano Convention

Sections 62.28 to 62.32 of the Court of Session Rules deal with applications to register a judgment in relation to a promissory note or other interlocutor in respect of judgments, authentic instruments or court settlements from another contracting state or state bound by the Lugano Convention.

Sections 62.32(2) and 62.32(3) state:

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

(a) a certified copy of the interlocutor under rule 62.30(1) granting warrant for registration,

(b) an authentic 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) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered judgment with a warrant for execution.

The presenting Agent will submit the following:

A CCI from the Court of Session allowing registration of the Promissory Note in terms of the above Rule. The CCI will narrate a time period in which the debtor can petition the Court of Session for a set aside.
A Form 62.2 Certificate of Currency Conversion (if required)
A Certified Copy of the original promissory note
A Certified Copy translation in English (if required) in terms of rule 62.3

The extract copy is issued to the agent. The CCI from the Court of Session, however, will narrate that execution cannot occur until after the petition for set aside. The only bearing upon the Keeper is when any set aside document is presented, as this will replace the judgment, which will be returned to the agent.

Useful links

Civil Jurisdiction and Judgments Act 1982 (External link)

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