ADMINISTRATION OF JUSTICE ACT 1920

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ADMINISTRATION OF JUSTICE ACT 1920 - SECT 9



9.(1) Where a judgment has been obtained in a superior court in any part of
His Majesty's dominions outside the United Kingdom to which this Part of
this Act extends, the judgment creditor may apply to the [High Court of
Justice in Northern Ireland],... 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 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 the United Kingdom, 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

(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; 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,
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; 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
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 registering 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
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 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

(b)for enabling the registering 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 the United Kingdom 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.

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Northern Irish Legislation

ADMINISTRATION OF JUSTICE ACT 1920 - SECT 9