Certificate of Money Provisions - Judgment Set Aside

Process Steps

1.1 A Certificate issued by the Court of Session in terms of Rule 62.39(b) will be received from the agent who originally submitted the Certificate of Money Provisions Form 111. See Certificates of High Court and County Court Money Judgments for details of the submission procedure 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.

1.1.1 The Certificate will narrate the parties’ details, details of when the judgment was raised in the English / Welsh County Court and its registration date in the Register of Judgments. It will also narrate Rule 62.39(b) (the instruction to the Keeper to set aside the judgment). It will be signed and dated by Depute Clerk of Session and bear the Court of Session seal. See example of Certificate to Cancel Registration of Judgment.

1.1.2 If the Certificate does not bear the required information, or is not signed, dated and sealed, it should be rejected and returned to the presenting agent.

1.1.3 The presenting agent may also submit a document from the County Court cancelling the judgment. This is not required, but if submitted it should be kept with the Certificate.

1.2 Enter the Register of Judgments to do a search confirming that a judgment has been registered on the date stated in the Certificate and note the judgment number.

1.3 Identify the relevant judgment volume which contains the registered judgment being set aside. The current volume will be in the main safe located in CAJR; other volumes (up to a year’s worth) will be located in room 1C-05 MBH.

1.3.1 There may be an occasion that the judgment being set aside has been transmitted to National Records of Scotland (NRS) for archiving. If this is the case, email NRS requesting the judgment volume and bond copies to be returned to CAJR.

1.4 Photocopy the Certificate. Remove the Certificate of Money Provisions Form 111 and replace it with the original Certificate. Locate within the bond copies the relevant folio of the sheet kept available for the Certificate. (This will have the following text: "THIS FOLIO HAS BEEN KEPT AVAILABLE FOR A CERTIFICATE UNDER RULES OF COURT 62.39".)

1.4.1 Remove this and replace with the photocopy of the Certificate, adding the folio number to the top right hand corner of the photocopy Certificate. Use either a numbering up stamp or archive ink.

1.5 Open spreadsheet entitled Judgments Posting Out & Set Asides in the Registers, Judgments folder in the CAJR Fileshare.

1.5.1 Select Set Asides tab and enter Judgment Number being set aside; date of when set aside was received; presenting agent details and Volume and Folio numbers.

1.6 Return Certificate of Money Provisions Form 111 to presenting agent.