This Act of Sederunt amends Chapter 62 of the Rules of the Court of Session 1994 in consequence of the United Kingdom signing the Hague Convention of 2nd July 2019 on the Recognition and Enforcement of Foreign Judgments on 12th January 2024. Chapter 62 has also been amended to remove spent provisions in Part V.
The 2019 Hague Convention created a common framework for the recognition and enforcement of foreign judgments in civil and commercial matters. The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 amend the Civil Jurisdiction and Judgments Act 1982 to incorporate the 2019 Hague Convention into domestic law. The 2024 Regulations also make provision for the implementation of the 2019 Hague Convention, enabling rules of court to make provision for regulating the procedure to be followed.
This Act of Sederunt also amends Chapters 7 and 62 of the Court of Session Rules 1994, Chapter 30 of the Ordinary Cause Rules 1993 and all associated forms. This means that it is no longer necessary for a Bank of England official to prepare a currency conversion certificate for a party to lodge with the court when seeking decrees for payment in a foreign currency. Instead, parties are to make a declaration as to the rate of exchange in force at the date of their choosing. Paragraph 2(3)(a) modernises the definitions of the various Acts referred to in Chapter 62.
The changes relating to currency conversion certificates in paragraphs 2 and 4 and schedules 1, 2 and 4, and related provision in paragraph 1, come into force on 30th April 2025. The rest of this Act of Sederunt commences on the date on which the 2019 Hague Convention comes into force in respect of the United Kingdom.
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