Is there a finite date for a UK High Court Judgment to be enforced?
Province/Country relating to question : United Kingdom
Thanks for your question. Please remember to AGREE my answer so that I am credited for my time.Can you just clarify what you mean?
A High Court Judgement has been obtained against me in London. It has not yet been enforced by the solicitor acting for the other party.I am resident in Portugal with no UK ties, address etc. and my question is can this High Court Judgment be enforced by a UK solicitor against me here in Portugal and if so, do they have a finite date to do so, after which the Judgment lapses?
Judgments must be enforced within 6 years of being granted.If not they would have to seek leave of the Court to enforce the Judgment.So yes, its 6 years from date of Judgment. Please remember to agree my answer so that I am credited for my time. Thank you.
Thank you. Part of my question was also can a UK Solicitor enforce the High Court judgment on behalf of their client against myself who resides permanently in Portugal.
The answer is the same. Please remember to agree my answer so that I am credited for my time. Thank you.
No, sorry, you have misunderstood. Can the solicitor in the UK enforce the judgment on me here in Portugal or do they have to go through another process. I understand the time scale is the same but it is the question of procedure now I am questioning.
Sorry.Yes they can get a EUROPEAN ENFORCEMENT ORDER.They have to apply to their home Court for this order.Once a EEO is granted it can be enforced in the UK. Please remember to agree my answer so that I am credited for my time. Thank you.
You are being MOST helpful. If this EEO is granted, how can it be enforced in the UK if I am not there? Also can I appeal against it if/should it be granted.
No you can't appeal it.It can only be appealed in the home country.It can't be enforced if you are not in the UK - it will be returned. Please remember to agree my answer so that I am credited for my time. Thank you.
Just one last question then. If this EEO cannot be enforced in the UK as I am not resident in the UK, surely it cannot then be granted??? If that is the case, then this High Court judgment will be unenforceable????
Yes it can be granted.It can be granted in the home country if their CCJ has been properly served.You can only appeal in the home country.Once granted it can be enforced in the UK, if they know where you live. Please remember to agree my answer so that I am credited for my time. Thank you.
Now I am confused. I do NOT reside in the UK - I am a permanent resident in Portugal so how can this EEO is granted which you say can only be granted in the UK against a person living in the UK ? I have had no connection for the last 6 years in the UK. Surely it cannot be justice to grant an order against someone not living in the UK. Do you mean it can be enforced in the UK against my Portuguese address?? You say it will be returned as I am NOT living in the UK.
A EEO will be granted in the Court the Judgment was granted.Once an EEO is granted it will be sent to the Country where the Claimant chooses to enforce it.It can NOT be enforced in the UK if you are not living here.It can ONLY be enforced in Portugal if you are living there. Please remember to agree my answer so that I am credited for my time. Thank you.
Called to the Bar in 2007
I'm just following up with you to see how everything is going. Did my answer help?UK-Justice
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