Judgments and Awards (Reciprocal Enforcement) Act

Link to law: http://www.moj.gov.jm/laws/judgments-and-awards-reciprocal-enforcement-act

JUDGMENTS AND AWARDS (RECIPROCAL
ENFORCEMENT)

I

THE JUDGMENTS AND AWARDS (RECIPROCAL
ENFORCEMENT) ACT

[I l th June, 1923.1

1. This Act may be cited as the Judgments and Awards Short title.
(Reciprocal Enforcement) Act.

2.41) In this Act- lnlerpmla-
tioo. “judgment” means any judgment or order given or made

by a Court in any civil proceediigs, 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 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 judg-
ment 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 United
Kingdom;

“original Court” in relation to any judgment means the
Court by which the judgment was given;

“registering Court” in relation to any judgment means the
Court by which the judgment was registered.

(2) Subject to rules of court, any of the powers powers
which may

by Judge.
conferred by this Act on the Court may be exercised by a beexccrFisd
Judge of the Court.

me inclufion of this pase is authorized by L.N. 480119731

2 JUDGMENTS AND AWARDS (RECIPROCAL
EjVFORCEMENT)

Procedure 3.--(1) Where a judgment has been obtained in a
desiredto Superior Court in the United Kingdom the judgment

creditor may apply to the Supreme Court (hereinafter
judgment referred to as the Court) at any time within twelve months
asuperior after the date of the judgment, or such longer period as
theTJnitd may be allowed by the Court to have the judgment
Kin*dom. registered in the Court, and on any such application the

Court may, if in all the circumstances of the case they think
it is just and convenient that the judgment should be en-
forced in Jamaica, 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 vho 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 submit to the jurisdiction of that Court; or

(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 notwith-
standing 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

(d) the judgment was obtained by fraud; or
(e) the judgment debtor satisfies the registering Court

either that an appeal is pending or that he is
entitled and intends to appeal against the judg-
ment; or

( f ) the judgment was in respect of a cause of action
which for reasons of public policy or for some

where it is

enforce in
Jamaica a

obtained in

Court in

m e inclusion of this page is authorized by LN. 480/19731

JUDGMENTS AND AWARDS (RECIPROCAL
ENFORCEMENT)

other similar reason could not have been enter-
tained by the registering Court.

(3) Where a judgment is registered under this

(a) the judgment shall, as from the date of registra-
tion, be of the same force and effect, and pro-
ceedings may be taken thereon, as if it had been

, a judgment originally obtained or entered up on
the date of registration in the registering Court;

(b) the registering 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 registra-
tion) shall be recoverable in like manner as if they
were sums payable under the judgment.

section-

(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
(b) for enabling the registering Court on an applica-

tion by the judgment debtor to set aside the
registration of a judgment under this section on
such terms as the Court thinks fit; and

(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 to have the registration set aside.

(5 ) In any action brought in any Court in Jamaica
on any judgment which might be ordered to be registered

IThe indusion of this page is authorized by L.N. 48011973:

3

4

What Court
shall do
where a
judgment
has been
obtzincd in
the Su-
preme
court

Practice
and
Procedure.

when
Governor-
General
may dc-
dare that
this Act
shall ex.
tend to
judgments
obtained in
any rran
of ilie
Common-
wealth
outside the
United
Kingdom.

JUDGMENTS AND A WARDS (RECIPROCAL
ENFORCEMENT)

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.

4. Where a judgment has been obtained in the Supreme
Court against any person, the Court shall, on an applica-
tion made by the judgment creditor and on proof that the
judgment debtor is resident in the United Kingdom, issue
to the judgment creditor a certified copy of the judgment.

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.

6.-W Where the Governor-General in Council is satis-
fied 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
judgments obtained in the Supreme Court the Governor-
General in Council 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
“Commonwealth” shall be deemed to include any country
to which section 9 of the Constitution applies and any
dependency of any such country.

(3) An order made by the Governor-General in
Council under this section may be varied or revoked by a
subsequent order.

lThe inclusion of this page is authorized by L.N. 480/1973]
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