Administration of Justice Act 1920
Disputes & Litigation
Solicitors & Lawyers
Legal Phrases
Administration of Justice Act 1920
1.
This Act provides an expedited statutory mechanism for the enforcement of money judgments in England obtained in designated foreign jurisdictions. These include:
- New Zealand;
- Gibraltar;
- many countries located in and around the Caribbean;
- numerous island countries in the Pacific;
- many African States.
Particular countries which are subject to the Administration of Justice Act should be verified prior to seeking enforcement. In common with the general rules of enforcement, a judgment cannot be enforced where the foreign court acted without jurisdiction; if the person was not a domiciliary of the foreign jurisdiction or otherwise refused to submit to the jurisdiction of the foreign court; the judgment was obtained by fraud within the meaning of the common law rules; the originating process was not properly served, amongst other matters.
The application for registration should ordinarily take place within 12 months of the order that is sought to be enforced.
Judgments registered in accordance with the Administration of Justice Act have the same force and effect, as if they were made by an English court. The costs of obtaining the order are recoverable from the judgment debtor.
Usage: The Administration of Justice Act entitled the claimant to adopted an expedited enforcement of the foreign judgment in England.
Related Words: foreign judgment; res judicata; locus standi; recognition of foreign judgments; litigation; cause of action estoppel; issue estoppel; enforcement of foreign judgments; Brussels Regulation; Foreign Judgments (Reciprocal Enforcement) Act 1933.
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