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ADMINISTRATION OF JUSTICE ACT 1920

ADMINISTRATION OF JUSTICE ACT 1920 - LONG TITLE

An Act to amend the law with respect to the administration of
justice . . .{1} to facilitate the reciprocal enforcement of
judgments and awards in the United Kingdom and other parts of His
Majesty's Dominions or Territories under His Majesty's protection . .
.{1}.
[23rd December 1920]
PART II

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.

ADMINISTRATION OF JUSTICE ACT 1920 - SECT 10
Issue of certificates of judgements obtained in Northern Ireland.

10. Where a judgment has been obtained in the [High Court of
Justice in Northern Ireland]... against any person, the court shall,
on an application made by the judgment creditor and on proof that
the judgment debtor is resident in some part of His Majesty's
dominions outside the United Kingdom to which this Part of this Act
extends, issue to the judgment creditor a certified copy of the
judgment.

S.11 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

ADMINISTRATION OF JUSTICE ACT 1920 - SECT 12
Interpretation.

12.(1) In this Part of this Act, unless the context otherwise
requires

The expression "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:

The expression "original court" in relation to any judgment means
the court by which the judgment was given:

The expression "registering court" in relation to any judgment means
the court by which the judgment was registered:

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

The expression "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.

Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 Pt.I

ADMINISTRATION OF JUSTICE ACT 1920 - SECT 13
Power to apply Part II of Act to territories under His Majesty's
protection.

13. His Majesty may by Order in Council declare that this Part of
this Act shall apply to any territory which is under His Majesty's
protection, or in respect of which a mandate is being exercised by
the Government of any part of His Majesty's dominions, as if that
territory were part of His Majesty's dominions, and on the making
of any such Order this Part of this Act shall, subject to the
provisions of the Order, have effect accordingly.

ADMINISTRATION OF JUSTICE ACT 1920 - SECT 14
Extent of Part II of Act.

14.(1) Where His Majesty is satisfied that reciprocal provisions have
been made by the legislature of any part of His Majesty's dominions
outside the United Kingdom for the enforcement within that part of
His dominions of judgments obtained in the... [High Court of Justice
in Northern Ireland], His Majesty may by Order in Council declare
that this Part of this Act shall extend to that part of His
dominions, and on any such Order being made this Part of this Act
shall extend accordingly.

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

Short title and application.

ADMINISTRATION OF JUSTICE ACT 1920 - SECT 21

21.(1) This Act may be cited as the Administration of Justice Act,
1920.

(3) This Act, except Part II thereof, applies only to England and
Wales.