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The Administration of Justice Act 1920 (“ the 1920 Act ”)
The 1920 Act relates to certain former dominions and colonies of the United Kingdom. It is limited to specified types of sums of money. It provides for registration of the judgment at the High Court (or Scottish equivalent) within twelve months after judgment (or a longer period if the court agrees). On registration the judgment has the same force and effect of a judgment obtained in the registering court and is controlled by that court. In other words, it becomes for all intents and purposes an English judgment.
It appears that foreign judgments registerable under the 1920 Act, but which are not registered, may also be enforced by way of the common law – it does not appear to be specifically precluded.
- Heading
- Introduction
- Basic Principles
- The Background
- Reasons for restraining Presentation
- Limitation point
- What Limitation Regime applies to a foreign judgment?
- The statutory regime
- The Administration of Justice Act 1920 (“ the 1920 Act ”)
- Foreign Judgments (Reciprocal Enforcement) Act 1933 (“ the 1933 Act ”)
- The Common Law Regime
- Status of unregistered/unrecognised foreign Judgment
- Limitation
- Acknowledgement
- Satisfaction
- Stay
- Abuse of Process
- Conclusions