ABSTRACT

The Brussels Convention is concerned with the relations between Contracting States and not with matters internal to a State. As has been seen earlier, separate provision has been made in respect of questions of jurisdiction arising within the UK.61 In like terms, Parliament has made provision for the recognition and enforcement of judgments given by courts within the UK. The relevant provisions are contained in s 18 of the Civil Jurisdiction and Judgments Act 198262 and the Schedules thereto. The provisions of s 18 apply63 only to civil proceedings and do not pertain to maintenance orders64 or matters of bankruptcy or liquidation.65 The applicant applies for a certificate from the original court (be it superior or inferior) and then seeks to register it with the superior court in the recognising jurisdiction. In respect of money judgments, the detailed procedure is set out in Sched 6 while the procedure in respect of non-money judgments is set out in Sched 7. There are limited grounds for setting aside the registration but the legislation follows the 1868 and 1882 Acts in providing that registration cannot be set aside on the basis of fraud, abuse of natural justice or on public policy grounds. A judgment falling within s 18 cannot be enforced in another part of the UK save by virtue of the registration scheme set out in Scheds 6 and 7.