HC Deb 10 April 1933 vol 276 cc2334-5

12.8 a.m.

Mr. THORP

I beg to move, in page 7, line 25, to leave out from the word "tribunal" to the end of the Subsection.

The words that will be omitted will be: and, in any case where the application is adjourned, the court may order that execution of the judgment shall be stayed until the expiration of the period aforesaid on such terms as the court may think just. The object of omitting these words is seen if one looks at Clause 2, where there is a Proviso: that execution shall not issue on the judgment so long as, under this Part of this Act and the Rules of Court made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside. So long as it is competent for anyone to make an application to have the judgment set aside, execution cannot issue under the judgment. Clause 3 provides for making rules. Sub-section (1) (c) provides for service upon a judgment debtor of notice of the registration of a judgment. The Clause also makes provision for fixing the period within which an application may be made to have a registration of the judgment set aside, and in respect of the extension of the period so fixed. Having regard to the body of Rules which will be made under Clause 3, there is no need to mislead any court or person by putting at the end of Clause 5, Sub-section (1), that the court shall have power to stay the execution of judgment, when, owing to the operation of the two previous Clauses, it is clear that the judgment could not be executed in any case. This is particularly apparent when one looks at the opening words of Clause 5: If, on an application to set aside the registration of a judgment. These words clearly connote that there would be an application to set aside the registration of the judgment. In these circumstances, the time within which application could be made to set aside the judgment would not have gone by, and, therefore, the judgment could not be executed, so that there is no need to give the court the power to stay the execution.

12.11 a.m.

The ATTORNEY-GENERAL (Sir Thomas Inskip)

I am much obliged to my hon. and learned Friend for moving this Amendment. It remedies a slip in the preparation of the Bill which escaped notice in another place.

Amendment agreed to.

Clauses 6 (foreign judgments which can be registered not to be enforceable otherwise), 7 (Power to apply Part I of Act to British Dominions, Protectorates and Mandated Territories), 8 (General effect of certain foreign judgments), 9 (Power to make foreign judgments unenforceable in United Kingdom if no reciprocity), 10 (Issue of certificates of judgments obtained in the United Kingdom), 11 (Interpretation), 12 (Application to Scotland), 13 (Application to Northern Ireland), and 14 (Short Title) ordered to stand part of the Bill.

Bill reported, with an Amendment: as amended, considered; read the Third time, and passed, with an Amendment.