How do I enforce in England/Wales/Northern Ireland a decree for payment from a Scottish Court?
First, you must obtain a certificate of money provisions under the Civil Jurisdiction and Judgments Act 1982 from the court which granted the decree.
Your application for the certificate should be made in writing to the sheriff clerk and should be accompanied by an affidavit sworn by a notary public. You may wish to employ a solicitor to deal with this. Alternatively, some sheriff officers may be prepared to complete the process, by swearing the oath before a notary on your behalf.
If you do not already have a solicitor, you should contact The Law Society of Scotland, who can provide contact details for solicitors in your area. You can obtain addresses of local sheriff officers from the Yellow Pages or from The Society of Messengers-At-Arms and Sheriff Officers website.
A fee is payable to the Scottish Court Service to process the application for a certificate (see 'Sheriff Court Fees' “Miscellaneous” for current fee).
On receipt of the certificate from the Scottish court, you should contact HM Courts and Tribunal Service in England and Wales, or the Northern Ireland Courts and Tribunal Service if appropriate, to find out how the order is then registered for enforcement.
The process and the costs involved in enforcement are quite different from those that apply in Scotland; some sheriff officers or your solicitor, however, may be able to guide you through the procedures.
Guidance can also be found on the Society of Messenger -at -Arms and Sheriff Officer’s website
How do I enforce in Scotland a money judgment of a court in England or Wales?
If you have been awarded judgment for a sum of money in the High Court or a county court in England and Wales, and you wish to enforce the judgment in Scotland, you should take the following 3 steps.
STEP 1
Obtain a Certificate of Money Provisions by filing written evidence stating:
- the name and address of the creditor and, if known, of the debtor,
- the sums payable and unsatisfied under the money provisions of the judgment,
- where interest is recoverable on the judgment, either the amount of interest which has accrued up to the date of the application, or the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;
- that the judgment is not stayed;
- the date on which the time for appealing expired or will expire; whether an appeal notice has been filed; the status of any application for permission to appeal; and whether an appeal is pending.
This application must be made to:
- a Master or district judge, if judgment was given in the Chancery Division or the Queen's Bench Division of the High Court;
- a district judge of the Family Division if judgment given in the Family Division of the High Court;
- a district judge, if it is a county court judgment.
Note: The main legal provisions are in the Civil Jurisdiction and Judgments Act 1982, Section 18 and Schedule 6. The procedure is governed by Rule 74.17 of the Civil Procedure Rules for England and Wales. You can get further details about this procedure from the Central Office of the Royal Courts of Justice, or any District Registry of the High Court for High Court procedures, or from any county court for county court procedures. Contact details can be found on the HM Courts and Tribunal Service website.
STEP 2
You should register the Certificate of Money Provisions in the Register of Judgments of the Books of Council and Session within 6 months of the date of issue of the certificate. To do this you should send a covering letter and a fee to The Keeper, Registers of Scotland, Books of Council and Session, Meadowbank House, 153 London Road, Edinburgh EH8 7AU (Tel 0131 659 6111 Ext 3630). The current fee can be found on the Registers of Scotland website or by phoning their Customer Service Centre on 0845 607 0161. No other documents need be sent. The Keeper of the Registers will send you an extract of the registered certificate and a warrant for execution (the authority to enforce the judgment).
STEP 3
When you have received the extract and warrant, you can instruct a Sheriff Officer to attempt to recover the debt. The Sheriff Officer must hold a commission to act in the area of the defendant's home address or business premises. You can obtain addresses of local Sheriff Officers from the Yellow Pages or from The Society of Messengers-At-Arms and Sheriff Officers website , or by contacting the Society of Messengers-At-Arms and Sheriff Officers
How do I get an order of a court in England, Wales or Northern Ireland served in Scotland?
You can instruct a Sheriff Officer to serve an order. The Sheriff Officer must hold a commission to act in the area of the defendant's home address or business premises. You can obtain addresses of local Sheriff Officers from the Yellow Pages or from The Society of Messengers-At-Arms and Sheriff Officers website.
How do I get a Scottish court document served overseas?
Service of documents abroad are dealt with under The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (for countries outwith the European Union) or under Regulation (EC) No 1393/2007 (for countries within the European Union). There are also three bilateral agreements in place between the UK and Algeria, United Arab Emirates, and Libya. For further information contact:
Scottish Government
EU and International Law Branch,
Civil Law Division,
Second Floor West,
St Andrew’s House,
Regent Road,
Edinburgh EH1 3DG
Tel: 0131 244 2417
Fax: 0131 244 4848
If you require consular service contact the Overseas Residents Service Unit at the following address:
Service of Process
Overseas Residents Services Unit
Room K4.9
Consular Directorate
Foreign and Commonwealth Office
King Charles Street
London SW1A 2AH
Tel: 020 7008 4962
Fax: 020 7008 0154