reciprocal enforcement of judgments within the Commonwealth a preliminary report preparedby J.D. McClean and K.W. Patchett. by J. D. McClean

Cover of: reciprocal enforcement of judgments within the Commonwealth | J. D. McClean

Published by Commonwealth Secretariet in London .

Written in English

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Subjects:

  • Commonwealth of Nations.

Edition Notes

Report commissioned by the Commonwealth Secretary-General and presented at the Commonwealth Law Ministers" Meeting in Lagos, February 1975.

Book details

ContributionsPatchett, K. W., Commonwealth Secretariat.
The Physical Object
Paginationiii,49p.
Number of Pages49
ID Numbers
Open LibraryOL13948014M

Download reciprocal enforcement of judgments within the Commonwealth

This Act is the Reciprocal Enforcement of Commonwealth Judgments (Repeal) Act and comes into operation on a date that the Minister appoints by notification in the Gazette. Repeal of Reciprocal Enforcement of Commonwealth Judgments Act 2.—.

—(1) When the Minister is satisfied that reciprocal provisions have been made by the legislature of any part of the Commonwealth outside the Reciprocal enforcement of judgments within the Commonwealth book Kingdom for the enforcement within that part of the Commonwealth of judgments obtained in the High Court of Singapore the Minister may declare by notification published in the Gazette that this Act shall extend to judgments obtained in a superior court in that part of the Commonwealth.

Reciprocal Enforcement of Court Judgments States and territories with which England and Wales have reciprocal enforcement arrangements for court judgments Important Note.

This is a simplified guide. None of the reciprocal enforcement arrangements listed cover all types of claim. Some of the arrangements listed do notFile Size: KB. For judgments obtained in the United Kingdom, British dominions, protecto-rates and mandated territories as well as other foreign countries which accord reciprocal treatment to judgments given in the Republic of Cyprus, registration is governed by the Foreign Judgments (Reciprocal Enforcement) Law ofCap.

When a person obtains a judgment in their favour from a superior court outside the jurisdiction of the Commonwealth of. Reciprocal Enforcement of Judgments Act Section 1 c t Current to: November 1, Page 5 c RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT CHAPTER R-6 1.

Definitions (1) In this Act (a) “judgment” (i) means a judgment or order of a court File Size: KB. This Model Law fulfils a long-standing mandate from law ministers to address the need to reform the arrangements within the Commonwealth for the recognition and enforcement of foreign judgments.

It also reciprocal enforcement of judgments within the Commonwealth book the co-operation over many years between the Commonwealth Secretariat and The Hague Conference on Private International Law. e.g. “Apple is good” means to find documents having the exact phrase “Apple is good”.

e.g. NEAR ((Apple, Lemon), 2, false) means to find documents having Apple within 2 words apart from Lemon.

If you want to match the order of words, specify NEAR ((Apple, Lemon), 2, true) A percent sign (%) can be used to match zero or more characters. An Act to facilitate the reciprocal enforcement of judgments, orders and awards in The Bahamas and other countries.

[Commencement 24th April, ] 1. This Act may be cited as the Reciprocal Enforcement of Judgments Act. In this Act, unless the context otherwise requires — “judgment” means any judgment or order given orFile Size: KB.

Reciprocal Enforcement of Judgments 9 (6) In addition to the sum of money payable under the judgment of the original court, including any interest which by the law of the country of the original court becomes due under the judgment up to the time of registration, the judgment shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment File Size: 34KB.

Judgments (Reciprocal Enforcement) Act of is not presented in a very orderly fashion. The rest of the book is devoted to the arrangements for enforce-ment and recognition of arbitral awards. After a historical chapter, comparable to the first chapter's historical account of judgment en-forcement schemes, the book discusses Commonwealth.

Act referred to: Reciprocal Enforcement of Judgments Act ofrepealed. Effect of registration-A judgment registered under this Act may become the basis of a bankruptcy notice notwithstanding the terms of s.

40 (1) (g) of Bankruptcy Act (Commonwealth), Re a Judgmcnt Debtor. Additionally, Australia is party to the bilateral treaty for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters with the United Kingdom.

However, Australia is not party to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters The biggest effect of this much awaited development is the reciprocal enforcement of civil judgments issued by the courts of either country in the territory of the other.

India and the UAE are among each other’s largest trading partners with. a. registration and enforcement of the foreign judgment under the Reciprocal Enforcement of Commonwealth Judgments Act (“RECJA“) or Reciprocal Enforcement of Foreign Judgments Act (“REFJA“); c.

by commencing a fresh action in Singapore and relying on the foreign judgment to raise issue or cause of action estoppel.

Power to apply this Act to Commonwealth countries outside the United Kingdom. Where the Minister is satisfied that reciprocal provisions have been made by the legislature of any Commonwealth country outside the United Kingdom for the enforcement within that country of judgments obtained in the High Court.

An Act to make better provision for the enforcement in New Zealand of judgments given in the United Kingdom or in other countries (whether within the Sovereign’s dominions or not) which afford reciprocal treatment to judgments given in New Zealand, for facilitating the enforcement in other countries of judgments given in New Zealand, and for.

(1) Where the Governor-General is satisfied that reciprocal provisions have been made by the legislature of any other country or territory of the Commonwealth outside the United Kingdom for the enforcement within such country or territory of judgments obtained in the Supreme Court of Fiji the Governor-General may by order declare that this.

CHAPTER 85 FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT [6th November, ] Act 29 of Act 7 of S.I of S.I of Act 23 of ARRANGEMENT OF SECTIONS SECTION 1. Short title. Definition. PART I Registration of Foreign Judgments 3. Power to extend Part I to foreign countries giving reciprocal treatment.

Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. ) Contents Section Page 1. Short title 2 2. Interpretation 2 3. Power to extend the provisions of the Ordinance to countries giving reciprocal treatment 6 4.

Application for, and effect of, registration of foreign judgments 8 5. Rules of Court 12 6. Cases in which registered. Registration of judgment of reciprocating state 3 (1) Where a judgment has been given by an original court in a reciprocating state, the judgment creditor may apply to a court within six years after the date of the judgment to have the judgment registered in that court, and on any such application the court may order the judgment to be registered accordingly.

A preliminary report by the same authors, entitled "The reciprocal enforcement of judgments within the Commonwealth", was presented to the Law Ministers' Meeting at Lagos, Nigeria, in Februaryand is bound with this report." Description: iv,49 pages ; 29 cm: Responsibility: by J.D.

McClean and K.W. Patchett. Malaysia: Enforcement of Foreign Judgments ICLG - Enforcement of Foreign Judgments Laws and Regulations - Malaysia covers common issues in enforcement of foreign judgments laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement.

COMMON LAW ENFORCEMENT If a foreign judgment does not fall within the scope of the Act, it is necessary to consider whether other instruments provide a mechanism for enforcement. For example, Australia is party to the bilateral treaty for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial.

The Foreign Judgment Act is designed to promote and accord reciprocal treatment of judgments given by the Zambian courts. Reciprocity is the basis upon which a foreign judgment may be registered both under the Foreign Judgment Act and common law.

THE PRACTICE AND PROCEDURE OF REGISTERING AND ENFORCING FOREIGN JUDGMENTS IN ZAMBIA By Fatima Mandhu* and Joshua Mwamulima** This article is divided into three parts and each part will be separate with a table of contents even though the article deals with one single topic.

The recognition and enforcement of non-EU judgments are governed by Law / If there is a convention in force between Italy (or the EU) and the state in which the judgment was passed, the relevant rules will apply (for example, the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the.

The Reciprocal Enforcement of Commonwealth Judgments Act (“RECJA”) provides for the registration and enforcement of judgments obtained from the superior courts of the United Kingdom and other gazetted jurisdictions. nition of Commercial Judgments and Awards in the Commonwealth, 3–8,London: Butterworths.

2 Read, HE, Recognition and Enforcement of Foreign Judgments in the Common Law Units of the British Common-wealth, 52,Cambridge: Harvard University Press. A foreign money judgment is directly enforceable by the courts of Barbados if that judgment is registered in Barbados under the provisions of the Foreign and Commonwealth Judgments (Reciprocal Enforcement) Act, Chapter of the Laws of Barbados (the FCJA).

Short title 1. This Act may be cited as the Reciprocal Enforcement of Judgments Act. RSN c s1. Back to Top. Interpretation 2. (1) In this Act (a) "judgment" means a judgment or order of a court in a civil proceeding by which a sum of money is made payable, and includes an award in an arbitration proceeding where the award, under the law in force in the.

RULES OF COURT (RECIPROCAL ENFORCEMENT OF JUDGMENTS) (SECTION 5) [Commencement 30th August, ] 1. These Rules may be cited as the Rules of Court (Reciprocal Enforcement of Judgments).

Any application under section 3(1) of the Reciprocal Enforcement of Judgments Act (hereafter referred to as “the Act”) for leave to have a judgment. The Reciprocal Enforcement of Judgments Act, R.S.S.c.

R-3, provides a summary way for registration within Saskatchewan of jUdgments obtained in other jurisdictions. The Act allows a jUdgment creditor to apply to a Saskatchewan Court of Queen's Bench to have registered within Saskatchewan anyFile Size: KB.

enforcement of a foreign judgment or award needs to: Apply with the competent court requesting to enforce the judgment and issue the enforcement order (writ of execution); Once the enforcement order is received, contact the court enforcement officer who will be directly handling the enforcement.

In the Commonwealth of the Bahamas judgments obtained outside of the jurisdiction of The Bahamas can be registered in the Bahamas if the provisions of the Reciprocal Enforcement of Judgments Actchapter 77 of the Statute Laws of the Bahamas (the Act) are complied with.

Section 3 of the Reciprocal Enforcement of Judgments Act provides: (1). Reciprocal Enforcement of Judgments Act. R.S.O.Chapter R notice thereof shall be given to the judgment debtor within one month after the registration, and the notice shall be served in the manner provided by the practice of the registering court for service of originating process, and no sale under the judgment of any property of.

In the Commonwealth of the Bahamas judgments obtained outside of the jurisdiction of The Bahamas can be registered in the Bahamas if the provisions of the Reciprocal Enforcement of Judgments Actchapter 77 of the Statute Laws of the Bahamas (the Act) are complied with.

Section 3 of the Reciprocal Enforcement of Judgments Act provides: (1). • the Reciprocal Enforcement of Judgments Act (chapter 65), which deals with the registration of judgments from the High Court in England or Northern Ireland and the Court of Session in Scotland; • the Foreign Judgments (Reciprocal Enforcement) Actwhich governs enforcement of judgments from certain named Commonwealth jurisdictions; and.

A judgment rendered in a "sister" state or a territory of the U.S. is also referred to as a "foreign judgment". 48 states, the District of Columbia, the Northern Mariana Islands, and the U.S. Virgin Islands have adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), 13 U.L.A. (), which requires the states and the territories.

The affiant must verify that the judgment creditor is entitled to enforce the judgment and that the judgment does not fall within any of the cases under the Reciprocal Enforcement of Judgments Act. 1. This Order may be cited as the Reciprocal Enforcement of Foreign Judgments (Australia) Order It shall come into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, signed at Canberra on 23rd Augustproviding for the reciprocal recognition and enforcement of judgments .Foreign Judgments (Reciprocal Enforcement) Act CHAPTER 13 23 and 24 Geo 5.

An Act to make provision for the enforcement in the United Kingdom of judgments given in foreign countries which accord reciprocal treatment to judgments given in the United Kingdom, for facilitating the enforcement in foreign countries of judgments given in the United .No.

] Reciprocal Enforcement of Judgments. [ Issue of certificates a judgment has been obtained in the Supreme of judgments obtained In the Court against any person, the court shall on an application State.

made by the judgment creditor and on proof that the judg- ment debtor is resident in sonic part of His Majestys domin- ions outside the Commonwealth .

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