Enforcing a Foreign Judgement
Written by Michael Coyle on 17 September 2007« Return to Reading Room
Enforcement in the High Court of a foreign judgement is governed by the Civil Procedure Rules Parts 70 and 74 together with RSC Orders 17, 45 to 47 and 52 as in Schedule 1 to the CPR.Writs of execution issued in the Royal Courts of Justice are executed by the High Court Enforcement Officer.RSC O.46 r.6 sets out the provisions for issue of writs of execution. Where a party wishes to enforce a judgment or order expressed in a foreign currency by the issue of a writ of fieri facias, the praecipe and writ of fieri facias must be endorsed with the following certificate:
"I/We certify that the rate current in London for the purchase of (state the unit of foreign currency in which the judgment is expressed) at the close of business on (state the nearest preceding date to the date of issue of the writ of fieri facias) was (XX ) to the £ sterling and at this rate the sum of (state amount of the judgment debt in the foreign currency) amounts to £XX.The schedule to the writ of fieri facias should be amended showing the amount of the judgment or order in the foreign currency."
The writ of fieri facias will then be issued for the sterling equivalent of the judgment expressed in foreign currency as appears from the certificate.
The Sheriffs Lodgement Centre at 20 21 Tooks Court, London EC4A 1LB provides a service for arranging transfer up of county court judgments. (A helpline is provided on 020 7205 2555)
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