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Alice H
Alice H, Solicitor/Partner
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I have a ccj for dept in another country, how is that possible

Resolved Question:

I have a ccj for dept in another country, how is that possible at the terms and condition where not within the uk
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Where did the debt arise?
Customer: Uae
Customer: Dubai
Alex Hughes : OK. There are new arrangements in place between the UK and UAE. Basically if a debt arose in UAE and their court issued a judgment then that judgment can now be enforced in the UK.
Alex Hughes : Here is an article confirming the position since 2013: http://m.globallegalpost.com/global-view/enforcing-money-judgments-between-the-uae-and-uk-86038618/
Customer: That actual not what the article said, but thank you anyway.
Alice H and other Law Specialists are ready to help you
Expert:  Alice H replied 3 years ago.
Can I assist further?
Customer: replied 3 years ago.
Within the jurisdiction of UK law, how is it possible to hear a issue from another country's court, let alone the made up laws of the UAE.

1. Under what jurisdiction are they operating

2. Considering i have breached no UK contracts, what rights do they have to pursue.

3. What statue, Law or act are they using to enforce collection.

4. considering I breached a UAE Contract, Under UAE Law... what rights do they have to collect outside of this jurisdiction.
Expert:  Alice H replied 3 years ago.
The UK has no jurisdiction to hear a claim arising in a different country. The UK can only decide on claims which arise with the UK or the agreement provides for English Law to determine a dispute. But in certain circumstances, where agreements exist between countries, foreign judgments can be enforced in the UK. In relation to the UAE I will get the regulatory provisions as the article may not have been clear.
Customer: replied 3 years ago.
Many thanks
Expert:  Alice H replied 3 years ago.
Part 74 Civil Procedure Rules (ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS):

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part74#IDASA0HC

Deals with the procedure for enforcing foreign judgments in the UK.

I will get you the relevant agreement with UAE shortly.
Expert:  Alice H replied 3 years ago.
This is the law which governs the procedure:

Foreign Judgments (Reciprocal Enforcement) Act 1933

http://www.legislation.gov.uk/ukpga/Geo5/23-24/13/contents

I will get you an article which explains this procedure more clearly.
Expert:  Alice H replied 3 years ago.

Here is a really clear article from Drukker Solicitors which amalgamates the links I have sent you:


http://www.drukker.co.uk/publications/reference/recognition-foreign-judgments/#.U8Q5_mK9KSO

The article reads:

Other Countries - Suing on the Judgment

Where there is no other means to do so, businesses and companies are at liberty to issue proceedings in England in what is known as an 'action on the judgment'. Unless there is some defect in the decision to be imported into England (for reasons which include those described above), a judgment creditor is entitled to apply for summary judgment on the debt after (1) the claim form and particulars of claim (ie the originating process) have been served, and (2) a defence has been filed or the time for a defence has passed. At this stage the creditor would plan to apply for summary judgment on the claim to obtain the recognition of the judgment in the English Court.

For the purposes of English private international law, the countries are each of the States of the USA, Japan; Russia, including Ukraine, Belarus; countries in the Middle-East such as Saudi Arabia, United Arab Emirates, Oman, Qatar; Africa; and principalities such as Liechtenstein.
Customer: replied 3 years ago.
Alex.

Many thanks.

Seems I'll be paying then if my set aside does nog work ah

THANKS AGAIN FOR THE HELP AND INFO
Expert:  Alice H replied 3 years ago.
No problem.

I am happy to work through any application you wish to make to give you the best possible chance of success.

If you decide to come back to me please remember to mark your new question for my attention.

Thanks.

Alex

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