PART 31 - REGISTRATION OF ORDERS UNDER THE HAGUE CONVENTION 1996

Contents of this Part
TitleNumber
ScopeRule 31.1
InterpretationRule 31.2
Where to start proceedingsRule 31.3
Application for registration, recognition or non-recognition of a judgmentRule 31.4
Documents – supplementaryRule 31.5
DirectionsRule 31.6
Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that StateRule 31.7
Registration for enforcement or order for non-recognition of a judgmentRule 31.8
Stay of recognition proceedings by reason of an appealRule 31.9
Effect of refusal of application for a decision that a judgment should not be recognisedRule 31.10
Notification of the court's decision on an application for registration or non-recognitionRule 31.11
Effect of registration under rule 31.11Rule 31.12
The central index of judgments registered under rule 31.11Rule 31.13
Decision on recognition of a judgment onlyRule 31.14
Appeal against the court's decision under rules 31.10, 31.11 or 31.14Rule 31.15
Stay of enforcement where appeal pending in state of originRule 31.16
Enforcement of judgments registered under rule 31.11Rule 31.17
Request for a certificate or a certified copy of a judgmentRule 31.18
Certificates issued in England and Wales under Articles 41 and 42 of the Council RegulationRule 31.19
Rectification of certificate issued under Article 41 or 42 of the Council RegulationRule 31.20
Authentic instruments and agreements under Article 46 of the Council RegulationRule 31.21
Application for provisional, including protective measuresRule 31.22

Scope

31.1

This Part applies to proceedings for the recognition, non-recognition and registration of –

(a) Omitted

(b) measures to which the 1996 Hague Convention applies


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Interpretation

31.2

(1) In this Part –

(a) ‘judgment’ is to be construed–

(i) Omitted

(ii) Omitted

(iii) as meaning any measure taken by an authority with jurisdiction under Chapter II of the 1996 Hague Convention where that Convention applies; or

(iv) Omitted

(b) Omitted

(c) Omitted

(d) ‘Contracting State’ means a State, in relation to which the 1996 Hague Convention is in force as between that State and the United Kingdom; and

(e) ‘parental responsibility’ –

(i) Omitted

(ii) where the 1996 Hague Convention applies, has the meaning given in Article 1(2) of that Convention.

(2) References in this Part to registration are to the registration of a judgment in accordance with the provisions of this Part.


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Where to start proceedings

31.3

(1) Every application under this Part,except for an application under rule 31.18 for a certified copy of a judgment, or must be made to the principal registry.

(2) Omitted

(3) Notwithstanding paragraph (1), where recognition of a judgment is raised as an incidental question in proceedings under the 1996 Hague Convention, the court hearing those proceedings may determine the question of recognition.


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Application for registration, recognition or non-recognition of a judgment

31.4

(1) Any interested person may apply to the court for an order that the judgment be registered, recognised or not recognised.

(2) An application for registration, recognition or non-recognition must be–

(a) made to a district judge of the principal registry; and

(b) in the form, and supported by the documents and the information required by a practice direction.


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Documents – supplementary

31.5

(1) Where the person making an application under this Part does not produce the documents required by rule 31.4(2)(b) the court may –

(a) fix a time within which the documents are to be produced;

(b) accept equivalent documents; or

(c) dispense with production of the documents if the court considers it has sufficient information.


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Directions

31.6

(1) As soon as practicable after an application under this Part has been made, the court may give such directions as it considers appropriate, including as regards the following matters –

(a) whether service of the application may be dispensed with;

(b) expedition of the proceedings or any part of the proceedings (and any direction for expedition may specify a date by which the court must give its decision);

(c) the steps to be taken in the proceedings and the time by which each step is to be taken;

(d) the service of documents;and

(e) the filing of evidence.

(2) The court or court officer will –

(a) record the giving, variation or revocation of directions under this rule; and

(b) as soon as practicable serve a copy of the directions order on every party.


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Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State

31.7 Omitted


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Registration for enforcement or order for non-recognition of a judgment

31.8

(1) This rule applies where an application is made for an order that a judgment given in another Contracting State, should be registered, or should not be recognised.

(2) where the application is made for an order that the judgment should be registered –

(a) upon receipt of the application,and subject to any direction given by the court under rule 31.6, the court officer will serve the application on the person against whom registration is sought;

(b) the court will not accept submissions from either the person against whom registration is sought or any child in relation to whom the judgment was given.

(3) Where the application is for an order that the judgment should not be recognised –

(a) upon receipt of the application,and subject to any direction given by the court under rule 31.6, the court officer will serve the application on the person in whose favour judgment was given;

(b) the person in whose favour the judgment was given must file an answer to the application and serve it on the applicant –

(i) within 1 month of service of the application

(ii) omitted

(4) The court may extend the time set out in sub paragraph (3)(b)(ii) on account of distance.

(5) The person in whose favour the judgment was given may request recognition or registration of the judgment in their answer, and in that event must comply with 31.4(2)(b), to the extent that such documents, information and evidence are not already contained in the application for non-recognition.

(6) Omitted

(7) he person in whose favour the judgment was given fails to file a answer as required by paragraph(3) –

(a) where the Hague Convention of15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court shall apply Article15 of that Convention; and

(b) in all other cases, the court will not consider the application unless –

(i) it is proved to the satisfaction of the court that the person in whose favour judgment was given was served with the application within a reasonable period of time to arrange his or her response; or

(ii) the court is satisfied that the circumstances of the case justify proceeding with consideration of the application.

(8)Omitted


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Stay of recognition proceedings by reason of an appeal

31.9

Where recognition or non-recognition of a judgment given in another Contracting State is sought, or is raised as an incidental question in other proceedings, the court may stay the proceedings –

(a) if an ordinary appeal against the judgment has been lodged; or

(b) if the judgment was given in the Republic of Ireland, if enforcement of the judgment is suspended there by reason of an appeal.


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Effect of refusal of application for a decision that a judgment should not be recognised

31.10

Where the court refuses an application for a decision that a judgment should not be recognised, the court may–

(a) direct that the decision to refuse the application is to be treated as a decision that the judgment be recognised; or

(b) treat the answer under paragraph(3)(b) of rule 31.8 as an application that the judgment be registered for enforcement if paragraph (5) of that rule is complied with and order that the judgment be registered for enforcement in accordance with rule 31.11.


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Notification of the court's decision on an application for registration or non-recognition

31.11

(1) Where the court has –

(a) made an order on an application for an order that a judgment should be registered for enforcement; or

(b) refused an application that a judgment should not be recognised and ordered under rule 31.10 that the judgment be registered for enforcement,

the court officer will as soon as practicable take the appropriate action under paragraph (2) or (3).

(2) If the court refuses the application for the judgment to be registered for enforcement, the court officer will serve the order on the applicant and the person against whom judgment was given in the state of origin.

(3) If the court orders that the judgment should be registered for enforcement, the court officer will –

(a) register the judgment in the central index of judgments kept by the principal registry;

(b) confirm on the order that the judgment has been registered; and

(c) serve on the parties the court's order endorsed with the court officer's confirmation that the judgment has been registered.

(4) A sealed order of the court endorsed in accordance with paragraph (3)(b) will constitute notification that the judgment has been registered under the 1996 Hague Convention and in this Part ‘notice of registration’ means a sealed order so endorsed.

(5) The notice of registration must state –

(a) full particulars of the judgment registered and the order for registration;

(b) the name of the party making the application and his address for service within the jurisdiction;

(c) the right of the person against whom judgment was given to appeal against the order for registration; and

(d) the period within which an appeal against the order for registration may be made.


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Effect of registration under rule 31.11

31.12

Registration of a judgment under rule 31.11 will serve for the purpose of Article 24 of the 1996 Hague Convention as a decision that the judgment is recognised.


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The central index of judgments registered under rule 31.11

31.13

The central index of judgments registered under rule 31.11 will be kept by the principal registry.


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Decision on recognition of a judgment only

31.14

(1) Where an application is made seeking recognition of a judgment only, the provisions of rules 31.8 and 31.9 apply to that application as they do to an application for registration for enforcement.

(2) Where the court orders that the judgment should be recognised, the court officer will serve a copy of the order on each party as soon as practicable.

(3) A sealed order of the court will constitute notification that the judgment has been recognised under Article 24 of the 1996 Hague convention.

(4) The sealed order shall indicate –

(a) full particulars of the judgment recognised;

(b) the name of the party making the application and his address for service within the jurisdiction;

(c) the right of the person against whom judgment was given to appeal against the order for recognition; and

(d) the period within which an appeal against the order for recognition may be made.


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Appeal against the court's decision under rules 31.10, 31.11 or 31.14

31.15

(1) An appeal against the court's decision under rules 31.10, 31.11 or 31.14 must be made to a judge of the High Court–

(a) within one month of the date of service of the notice of registration; or

(b) if the party bringing the appeal is habitually resident in another Contracting State, within two months of the date of service.

(2) Omitted

(3) If the appeal is brought by the applicant for a declaration of enforceability or registration and the respondent fails to appear –

(a) where the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters applies, the court shall apply Article15 of that Convention; and

(b) in all other cases, the court will not consider the appeal unless –

(i) it is proved to the satisfaction of the court that the respondent was served with notice of the appeal within a reasonable period of time to arrange his or her response; or

(ii) the court is satisfied that the circumstances of the case justify proceeding with consideration of the appeal.

(4) This rule is subject to rule 31.16.

(The procedure for applications under rule 31.15 is set out in Practice Direction 30A (Appeals).)


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Stay of enforcement where appeal pending in state of origin

31.16

(1) A party against whom enforcement is sought of a judgment which has been registered under rule 31.11 may apply to the court with which an appeal is lodged under rule 31.15 for the proceedings to be stayed where –

(a) that party has lodged an ordinary appeal in the  Contracting State of origin; or

(b) the time for such an appeal has not yet expired.

(2) Where an application for a stay is filed in the circumstances described in paragraph (1)(b), the court may specify the time within which an appeal must be lodged.


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Enforcement of judgments registered under rule 31.11

31.17

(1) Subject to paragraph (1A), the court will not enforce a judgment registered under rule 31.11 until after –

(a) the expiration of any applicable period under rules 31.15 or 31.16; or

(b) if that period has been extended by the court, the expiration of the period so extended.

(1A) The court may enforce a judgment registered under rule 31.11 before the expiration of a period referred to in paragraph (1) where urgent enforcement of the judgment is necessary to secure the welfare of the child to whom the judgment relates.

(2) A party applying to the court for the enforcement of a registered judgment must produce to the court a certificate of service of –

(a) the notice of registration of the judgment; and

(b) any order made by the court in relation to the judgment.

(Service out of the jurisdiction is dealt with in chapter 4 of Part 6 and in Practice Direction 6B.)


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Request for a certificate or a certified copy of a judgment

31.18

(1) An application for a certified copy of a judgment must be made to the court which made the order or judgment in respect of which certification is sought and without giving notice to any other party.

(2) The application must be made in the form, and supported by the documents and information required by a practice direction.

(3) The certified copy of the judgment will be an office copy sealed with the seal of the court and signed by a court officer. It will be issued with a certified copy of any order which has varied any of the terms of the original order.

(4) Where the application is made for the purposes of applying for recognition or recognition and enforcement of the order in another Contracting State, the court must indicate on the certified copy of the judgment the grounds on which it based its jurisdiction to make the order, for the purposes of Article 23(2)(a) of the 1996 Hague Convention.


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Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation

31.19 Omitted


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Rectification of certificate issued under Article 41 or 42 of the Council Regulation

31.20 Omitted


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Authentic instruments and agreements under Article 46 of the Council Regulation

31.21 Omitted


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Application for provisional, including protective measures

31.22

An application for provisional, including protective, measures under  Articles 11 or 12 of the 1996 Hague Convention may be made notwithstanding that the time for appealing against an order for registration of a judgment has not expired or that a final determination of any issue relating to enforcement of the judgment is pending.


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Footnotes


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Ministry of Justice

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