Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Application for enforcement order.

18

18.—(1) Subject to subsection (2), the High Court shall, on the hearing of an application for an order for the enforcement of a final judgment, make such an order to the extent that the amount of the compensation to which the judgment relates has not been satisfied.

(2) The High Court shall not make an order for the enforcement of a judgment where—

( a) the judgment concerned is not a final judgment,

( b) the judgment debtor was not served with the document instituting the proceedings in which the judgment was given in sufficient time to enable him or her to arrange for his or her defence, notwithstanding that notice of the proceedings may have been duly served on him or her in the State Party concerned, or

( c) the judgment concerned was obtained by fraud.

(3) Where, at the hearing of an appeal against an order under subsection (1), the appellant satisfies the court that the judgment in respect of which such order was made is not a final judgment, the court may, on such terms as it considers appropriate—

( a) set aside the enforcement order, or

( b) adjourn the appeal pending—

(i) in circumstances where no appeal against the judgment is brought in the State Party concerned, the expiration of the period within which, under the law of that State Party, an appeal against the judgment may be brought, or

(ii) in circumstances where such an appeal is brought, the outcome of any such appeal.

(4) This section shall not apply to a judgment of a court of a Member State (other than a court or tribunal of a territory of a Member State to which the Council Regulation does not apply).