Reciprocal Enforcement of Judgments (CAP. 369 1

CHAPTER 369

THE RECIPROCAL ENFORCEMENT O F
JUDGMENTS ACT

Arrangement of Sections
Section

1 . Short title.
2. Interpretation.
3. Enforcement in Antigua and Barbuda of judgments

obtained in the United Kingdom.
4 . Issue of certificates of judgments obtained in Antigua

and Barbuda.
5. Rules.
6. Extension of Act.

RECIPROCAL ENFORCEMENT OF JUDGMENTS

(4th April, 1922.) 611922.
3211956.
1511961.

1. This Act may be cited as the Reciprocal Enforce- short title.
ment of Judgments Act.

2. ( 1 ) In this Act- Interpretation.

"judgment" means any judgment or order given or
made by a Court in any civil proceedings, whether
before or after the passing of this Act, whereby any
sum of money is made payable, and includes an
award in proceedings on an arbitration if the award
has in pursuance of the law in force in the place

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 369) Reciprocal Enforcement of Judgments

where it was made, become enforceable in the same
manner as a judgment given by a Court in that
place;

"judgment creditor" means the person by whom the
judgment was obtained, and includes the successors
and assigns of that person;

"judgment debtor" means the person against whom the
judgment was given, and includes any person
against whom the judgment is enforceable in the
place where it was given;

" original Court7' in relation to any judgment means
the Court by which the judgment was given.

(2) Subject to rules of Court, any of the powers
conferred by this Act on any Court may be exercised by
a Judge of the Court.

Enforcement in
Antigua and

3. (1) Where a judgment has been obtained in the
Barbuda of High Court in England or Northern Ireland or in the Court
judgments
obtained in the

of Session in scotland the judgment creditor may apply to
United Kingdom. the High Court at any time within twelve months after the "

date ofihe judgment 01- such longer period as may be allowed
by the Court to have the judgment registered in the High
Court and on any such application the Court may, if in all
the circumstances of the case they think it is just and conve-
nient that the judgment should be enforced in Antigua and
Barbuda, and subject to the provisions of this section, order
the judgment to be registered accordingly.

(2) No judgment shall be ordered to be registered under
this section if-

(a) The original Court acted without jurisdiction;
or

(6) The judgment debtor, being a person who was
neither carrying on business nor ordinarily resident
within the jurisdiction of the original Court, did not
voluntarily appear or otherwise submit or agree to sub-
mit to the jurisdiction of that Court; or

LAWS OF ANTIGUA AND BARBUDA

Reciprocal Enforcement of Judgments (CAP. 369 3

(c) The judgment debtor being the defendant in
the proceedings, was not duly served with the process
of the original Court and did not appear, notwithstand-
ing that he was ordinarily resident or was carrying on
business within the jurisdiction of that Court or agreed
to submit to the jurisdiction of that Court; or

(6) The judgment was obtained by fraud; or
(e) The judgment debtor satisfies the High Court

either that an appeal is pending, or that he is entitled
and intends to appeal, against the judgment; or

V) The judgment was in respect of a cause of action
which for reasons of public policy or for some other
similar reason could not have been entertained by the
High Court.

(3) Where a judgment is registered under this section-

(a) The judgment shall, as from the date of registra-
tion, be of the same force and effect, and proceedings
may be taken thereon, as if it had been a judgment
originally obtained or entered up on the date of registra-
tion in the High Court;

(b) The High Court shall have the same control
and jurisdiction over the judgment as it has over similar
judgments given by itself, but in so far only as relates
to execution under this section;

(c) The reasonable costs of and incidental to the
registration of the judgment (including the costs of
obtaining a certified copy thereof from the original Court
and of the application for registration) shall be
recoverable in like manner as if they were sums payable
under the judgment.

(4) Rules of Court shall provide-

(a) For service on the judgment debtor of notice
of the registration of a judgment under this section, and

(6) For enabling the High Court on an application
by the judgment debtor to set aside the registration of
a judgment under this section on such terms as the Court
thinks fit; and

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4 CAP. 369) Reciprocal Enforcement of Judgments

(c) For suspending the execution of a judgment
registered under this section until the expiration of the
period during which the judgment debtor may apply
ty have the registration set aside.

(5) In any action brought in any Court in Antigua and
Barbuda on any judgment which might be ordered to be
registered under this section, the plaintiff shall not be entitled
to recover any costs of the action unless an application to
register the judgment under this section has previously been
refused, or unless the Court otherwise orders.

Issue of
certificates of

4. Where a judgment has been obtained in the High
judgments Court against any person, the Court shall, on an applica-

in tion made by the judgment creditor and on proof that the
Antigua and
Barbuda. judgment debtor is resident in the United Kingdom, issue

to the judgment creditor a certified copy of the judgment.

Rules. 5 . Provision may be made by rules of Court for
regulating the practice and procedure (including scales of
fees and evidence), in respect of proceedings of any kind
under this Act.

Extension of Act. 6 . (1) Where the Governor-General is satisfied that
reciprocal provisions have been made by the legislature of
any part of the Commonwealth outside the United Kingdom
for the enforcement within that part of the Commonwealth
of judgments obtained in the High Court, the Governor-
General may by Order declare that this Act shall extend to
judgments obtained in a superior Court in that part of the
Commonwealth in the like manner as it extends to judgments
obtained in a superior Court in the United Kingdom, and
on any such Order being made this Act shall extend
accordingly.

(2) For the purposes of this section the expression "part
of the Commonwealth outside the United Kingdom" shall
be deemed to include any territory which is under Her
Majesty's protection or in respect of which a mandate is being
exercised by the Government of any part of the
Commonwealth.

(3) An Order under this section may be varied or
revoked by a subsequent Order.