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Change 1
As published
4B Registration and enforcement of judgments under the 2005 Hague Convention
(1) Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.
(2) In subsection (1) “the appropriate court” means—
(a) in England and Wales or Northern Ireland, the High Court;
(b) in Scotland, the Court of Session.
(3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—
(a) the requirements of Article 13 of the 2005 Hague Convention have been met, and
(b) the judgment—
(i) meets the condition in Article 8(3) of the 2005 Hague Convention, and
(ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.
(4) The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.
(5) Where a judgment ... has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.
(6) A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.
(7) Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.
Your change, as a redline
4B Registration and enforcement of judgments under the 2005 Hague Convention
(1) Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.
(2) In subsection (1) “the appropriate court” means—
(a) in England and Wales or Northern Ireland, the High Court;
(b) in Scotland, the Court of Session.
(3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—
(a) the requirements of Article 13 of the 2005 Hague Convention have been met, and
(b) the judgment—
(i) meets the condition in Article 8(3) of the 2005 Hague Convention, and
(ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.
(4) The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.
(5) Where a judgment ... has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.
(6) A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.
(7) Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.
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