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Law Dictionary Home Dictionary Definition irish-and-scots-courts-judgments

Irish and Scots Courts' Judgments. As regards Northern Ireland and Scottish judgments, a judg-ment of a Superior Court of Northern Ireland or Scotland is enforceable after registration of a certificate thereof by the High Court of Justice in England, under the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54 (preserved by Judic. Act, 1925, s. 224); and a judgment of an inferior Court is similarly enforceable by an English county Court, under the Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31). Irish Free State judgments of the Courts may not be so enforced under the Judgments Extension Act, 1868, since references to 'Ireland' in any enactment passed before the establishment of the Irish Free State to the United Kingdom or to Ireland are in the application of that enactment in Great Britain or Northern Ireland to be construed as exclusive of the Irish Free State (see Stat. R. & O. 1923, No. 405, Art. 2). The Act of 1868 applies only to debt, damages and costs, but judgments of the Chancery Courts of Northern Ireland may be extended by the Chancery Courts here under the Crown Debts Act, 1801 (41 Geo. 3, c. 90). The facilities under the Acts of 1801 and 1868 are reciprocal in these countries. See also Part II. of the Administration of Justice Act, 1920, extended by the Foreign Judgments (Reciprocal Enforcement) Act, 1933 (23 Geo. 5, c. 13), s. 7, which made provision fo the reciprocal enforcement of judgments of superior Courts between the United Kingdom and other parts of His Majesty's Dominions: its application is limited by the Act of 1933, however, to such countries as have been included within the scope of the Act of 1920 by Orders in Council under the Act of 1920, in existence at the date of an extending Order in Council under the Act of 1933. See R.S.C., Ord. XLIA.

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