The process of enforcing a Scottish Decree (judgement) within Scotland is relatively straightforward, and the court provides a process to follow. However, if you have a Decree granted in Scotland but the defender is based in England, there are a few extra steps to take.
Under the Civil Jurisdiction and Judgements Act 1982, a judgement granted in one part of the UK can be registered and enforced in another part.
Why might you need to Enforce a Scottish Decree in England?
You may need to enforce a Scottish Decree in England or Wales if:
1. The debtor now lives or trades there.
2. Their assets are located in England.
3. Enforcement options in Scotland haven’t worked or aren’t suitable.
What is a Certificate of Money Provisions?
It is an official document certifying the details of the monetary Decree issued in Scotland. It will confirm the parties’ details, amount due, the date of the original interlocutor, and confirmation that the decree is final and enforceable.
Obtaining a Certificate of Money Provisions
Firstly, it is worth mentioning that a Scottish Decree cannot be automatically enforced in England. In order to enforce the decision, the Decree must be converted to an English judgement. To achieve this, the first step is to obtain a Certificate of Money Provisions.
To do so, you require the following:
• The original Decree as granted.
• A supporting affidavit which sets out why you are seeking a Certificate of Money Provisions and what is still owed.
• A covering letter to the Court.
This is then sent to the Sheriff Court where the original Decree was granted, along with the payment of the current fee of £35.
If approved, the Certificate of Money Provisions will be granted and sent to you.
Converting
In most cases, the most prudent way forward once receiving the Certificate is to then instruct an English Solicitor who will be able to use the Certificate of Money provisions to apply for the Scottish Decree to be converted to an English judgement. This is done through the Royal Courts of Justice in London.
Once this is done, the Decree is treated as if it were a judgement given in an English court.
You can then proceed with enforcement action.
How can Thorntons help?
We would be delighted to discuss any issues of enforcement of your Scottish judgement against an English debtor with you. Our Commercial Litigation team has extensive experience with the problems that can arise, and can provide you with advice.
To contact a member of our Commercial Litigation team, click here.
