Reciprocal Enforcement of Judgments Act
RECIPROCAL ENFORCEMENT OF
ARRANGEMENT OF SECTIONS
1. Short title
3. Enforcement in Montserrat of judgments obtained in the United Kingdom
4. Issue of certificates of judgments obtained in Montserrat
6. Extension of Act
RECIPROCAL ENFORCEMENT OF
(Acts 6 of 1922, 24 of 1956, 23 of 1961, 10 of 1984 and 9 of 2011)
[4 April 1922]
1. This Act may be cited as the Reciprocal Enforcement of Judgments Act.
2. (1) In this Act—
“High Court” means the High Court exercising jurisdiction under the Supreme Court Act; (Inserted by Act 10 of 1984)
“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 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 Court”, 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 Montserrat of judgments obtained in the United
3. (1) Where a judgment has been obtained in the High Court in England or Northern Ireland or in the Court of Session in Scotland, the judgment creditor may apply to the High Court at any time within twelve months after the date of the judgment or 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 convenient that the judgment should be enforced in Montserrat, 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;
(b) 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 submit to the jurisdiction of that Court;
(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, notwithstanding 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;
(d) the judgment was obtained by fraud;
(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
(f) 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 registration, 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 registration 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; and
(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;
(b) 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
(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 Montserrat 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 judgments obtained in Montserrat
4. Where a judgment has been obtained in the High Court against any person, the Court shall, on an application 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.
Extension of Act
6. (1) Where the Governor 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 of Montserrat, the Governor acting on the advice of Cabinet 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. (Amended by Acts 10 of 1984 and 9 of 2011)
(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.
RECIPROCAL ENFORCEMENT ORDERS – SECTION 6
Reciprocal Enforcement Orders have been made with respect to the following
• AUSTRALIA (S.R.O. 2/1994)
High Court of Australia
Federal Court of Australia
Family Court of Australia
Family Court of Western Australia
Supreme Court of New South Wales
Supreme Court of Victoria
Supreme Court of Queensland
Supreme Court of South Australia
Supreme Court of Western Australia
Supreme Court of Tasmania
Supreme Court of Northern Territory
Supreme Court of the Australian Capital Territory
Supreme Court of Norfolk Island
• BAHAMAS (L.I. Subsidiary Legislation 1924)
• BARBADOS (L.I. Gazette 7/12/1922)
• BELIZE (L.I. Subsidiary Legislation 1924)
• BERMUDA (L.I. Subsidiary Legislation 1924)
• GRENADA (L.I. Gazette 21/9/1922)
• GUYANA (L.I. Gazette 21/9/1922)
• JAMAICA (L.I. Subsidiary Legislation 1924)
• NIGERIA (S.R.O. 7/1957)
The Federal Supreme Court of Nigeria.
The High Court of the Western Region of Nigeria.
The High Court of the Northern Region of Nigeria.
The High Court of the Eastern Region of Nigeria.
The High Court of the Southern Cameroons.
The High Court of Lagos.
• ST. LUCIA (L.I. Gazette 21/9/1922)
• ST. VINCENT (L.I. Gazette 21/9/1922)
• TRINIDAD AND TOBAGO (L.I. Subsidiary Legislation 1924)