
1 
Part I
 of the Foreign Judgments (Reciprocal
Enforcement) Act, 1933, shall extend to the
Kingdom of Norway.
2 
The following courts of the Kingdom
of Norway shall be deemed superior courts of the Kingdom of Norway for the
purposes of Part I of the 
Foreign Judgments (Reciprocal Enforcement) Act, 1933,
that is to say:—
 The Supreme Court;
 The Courts of Appeal;
 The County Courts;
 The City Courts.
3 
No security for costs shall be required
to be given by any person making application for the registration of a judgment
of a superior court of the Kingdom of Norway.
4 
The applicant for the registration
of a judgment of a superior court of the Kingdom of Norway shall in the affidavit
of facts required by rules of court to support the application for the registration
state whether the judgment is capable of execution by provisional execution
(avsetning) or by ordinary execution.
5 
The rate of interest due under the
law of the Kingdom of Norway upon the sum in respect of which a judgment of
a superior court of the Kingdom of Norway is given shall be deemed to be that
specified in the judgment or any certificate of the original court accompanying
the judgment and, if no rate is so specified, no interest shall be deemed
to be due thereon under the law of the Kingdom of Norway.
6 
A translation of the judgment of a
superior court of the Kingdom of Norway or of any other document accompanying
an application for registration of such a judgment shall, if certified by
a sworn translator or by a diplomatic or consular officer of either the United
Kingdom or the Kingdom of Norway, be accepted without further authentication.

7 
This Order may be cited as the Reciprocal
Enforcement of Foreign Judgments (Norway) Order, 1962, and shall come into
operation on the 6th day of April, 1962.
W.G. Agnew

SCHEDULE


CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE KINGDOM OF NORWAY
PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL
MATTERS 
The Government of the United Kingdom of Great
Britain and Northern Ireland and the Government of the Kingdom of Norway;
 
Desiring to provide on the basis of reciprocity for
the recognition and enforcement of judgments in civil matters; 

Have agreed as follows: 

ARTICLE I 
For the purposes of the present Convention:

(1) The words 
“territory of one (or of the other) Contracting Party”
mean: 
(a) in relation to the United Kingdom of Great Britain and Northern
Ireland (hereinafter referred to as “the United
Kingdom”), England and Wales, Scotland, and Northern
Ireland and any territories to which the Convention shall have been extended
under Article X;
and

(b) in relation to the Kingdom of
Norway, Norway
.
(2) the word “judgment”
 means any decision of a court, however
described (judgment, order and the like), by which the rights of the parties
are determined and which cannot be altered by that court. It includes judgments
against which an appeal may be pending or which may still be subject to appeal
in the courts of the country of the original court. If the amount of the costs
or interest to be paid under a judgment is not fixed by the judgment itself
but by a separate court order, such order shall be deemed to be part of the
judgment for the purposes of this Convention.
(3) The words 
“original court” mean in
relation to any judgment the court by which such judgment was given; and the
words “court applied to”, the court in which it is sought to obtain
recognition of a judgment or to which an application for the registration
of a judgment or for the acceptance of a judgment as enforceable is made.

(4) The words 
“judgment debtor” mean the
person against whom the judgment was given in the original court and include,
where necessary, any person against whom such judgment is enforceable under
the law of the country of the original court; and the words “judgment
creditor”, the person in whose favour the judgment was given, and include,
where necessary, any other person in whom the rights under the judgment have
become vested.
(5) The word “appeal”
 includes any proceeding by way of discharging
or setting aside a judgment or an application for a new trial or a stay of
execution.
ARTICLE II 

(1) Subject to the provision of 
paragraph (2) of this Article, the present
Convention shall apply to judgments in civil matters and to judgments given
or made by a court in any criminal proceedings for the payment of a sum of
money in respect of compensation or damages to an injured party, pronounced
after the date of the entry into force of the present Convention by the following
courts:
(a) in the case of the United Kingdom, the
House of Lords; for England and Wales, the Supreme Court of Judicature (Court
of Appeal and High Court of Justice) and the Courts of Chancery of the Counties
Palatine of Lancaster and Durham; for Scotland, the Court of Session and the
Sheriff Court; and for Northern Ireland, the Supreme Court of Judicature;
and
(b) in the case of the Kingdom, of Norway,
the Supreme Court, the Courts of Appeal, the County Courts and City Courts.

(2) The present Convention shall not apply
to:
(a) judgments given on appeal from courts
not referred to in paragraph (1)
of this Article;
(b) judgments in matters of family law or
status (including judgments in matrimonial causes or concerning the pecuniary
relations between the spouses as such);
(c) judgments given in proceedings for the
recovery of taxes or other charges of a like nature or for the recovery of
a fine or other penalty.
(3) The present Convention shall not preclude
the recognition and enforcement in the territory of one Contracting Party,
in accordance with the municipal law for the time being in force in the country
concerned, of judgments pronounced by any court in the territory of the other
Contracting Party, being judgments to which the present Convention does not
apply or judgments given in circumstances where the provisions of the present
Convention do not require such recognition or enforcement.
ARTICLE III 

(1) For the purposes of the present Convention,
the recognition of a judgment means that such judgment shall be treated as
conclusive as to the matter thereby adjudicated upon in any further action
as between the same parties (judgment creditor and judgment debtor).
(2) Judgments pronounced in the territory
of one Contracting Party shall be recognised in the territory of the other
subject to the provisions of paragraphs (3)
and (4) of this Article
and where no objection to the judgment can be established on any of the following
grounds:
(a) in the case in question, the jurisdiction
of the original court is not recognised under the provisions of 
Article IV;
(b) the judgment debtor, being the defendant
in the proceedings in the original court, did not (notwithstanding that process
may have been duly served on him in accordance with the law of the country
of the original court) receive notice of those proceedings in sufficient time
to enable him to defend the proceedings and did not appear. It is understood
that in all cases where it is proved that notice of the proceedings has been
duly served on the defendant in conformity with the provisions of 
Article 3 or sub-paragraph (1)
or (2) of paragraph (a) of Article 4
of the Convention on Legal Proceedings in Civil and Commercial
Matters signed between the United Kingdom and Norway on
January 30, 1931, it shall be deemed to be conclusive evidence
that the defendant actually received notice of the proceedings;
(c) the judgment was, in the opinion of the
court applied to, obtained by fraud;
(d) the recognition of the judgment would
be contrary to public policy in the country of the court applied to;
(e) the judgment debtor, being a defendant
in the original proceedings, was a person who, under the rules of public international
law, was entitled to immunity from the jurisdiction of the courts of the country
of the original court and did not submit to the jurisdiction of that court;
or the judgment is sought to be enforced against a person who, under the rules
of public international law, is entitled to immunity from the jurisdiction
of the court applied to.
(3) Where the court applied to is satisfied
that proceedings by way of appeal have been instituted against the judgment
in the country of the original court, or that such proceedings have not been
actually instituted, but the time for appeal has not elapsed under the law
of the country of the original court, the court applied to may, in so far
as the law of its country permits, recognise the judgment or may refuse to
recognise the judgment or adjourn its decision on the recognition of the judgment
so as to allow the judgment debtor an opportunity of completing or of instituting
such proceedings.
(4) Where the court applied to is satisfied
that the matter in dispute in the proceedings in the original court had previously
to the date of the judgment in the original court been the subject of a judgment
by a court having jurisdiction in the matter, the court applied to may refuse
to recognise the judgment of the original court.
ARTICLE IV 

(1) For the purposes of 
sub-paragraph (a) of paragraph (2) of Article III,
the courts of the country of the original court shall, subject to the provisions
of paragraphs (2), 
(3) and (4)
of this Article, be recognised as possessing jurisdiction in all cases:
(a) if the judgment debtor, being a defendant
in the proceedings in the original court, submitted to the jurisdiction of
that court by voluntarily appearing in the proceedings otherwise than for
the purpose of protecting, or obtaining the release of, property seized, or
threatened with seizure, in the proceedings or of contesting the jurisdiction
of that court; or
(b) if the judgment debtor was plaintiff
in, or counter-claimed in, the proceedings in the original court; or
(c) if the judgment debtor, being a defendant
in the proceedings in the original court, had before the commencement of the
proceedings agreed, in respect of the subject matter of the proceedings, to
submit to the jurisdiction of that court or of the courts of the country of
that court; or
(d) if the judgment debtor, being a defendant
in the original court, was at the time when the proceedings were instituted,
resident in, or being a body corporate had its principal place of business
in, the country of that court; or
(e) if the judgment debtor, being a defendant
in the original court, had an office or place of business in the country of
that court and the proceedings in that court were in respect of a transaction
effected through or at that office or place.
(2) The provisions of 
paragraph (1) of this Article shall not apply
to judgments where the subject matter of the proceedings is immovable property,
or to judgments in respect of movable property if they are conclusive, not
only against the parties to the proceedings, but also against any other person
claiming an interest in that property which is inconsistent with the judgment
in question. Nevertheless the jurisdiction of the original court shall be
recognised if such property was situated in the country of the original court
at the time of the commencement of the proceedings in the original court.

(3) The provisions of 
paragraph (1) of this Article shall not apply
to:
(a) judgments in matters of succession, or
the administration of the estates of deceased persons;
(b) judgments in bankruptcy proceedings,
or proceedings for the winding up of companies or other bodies corporate.
In the case of judgments given in proceedings of the kind referred
to in the present paragraph, the jurisdiction of the original court shall
be recognised in all cases where such recognition is in accordance with the
law of the country of the court applied to.
(4) The jurisdiction of the original court
need not be recognised in the cases specified in 
sub-paragraphs (d) and (e) of paragraph
(1), and in paragraph (2)
of this Article if the bringing of the proceedings in the original court was
contrary to an agreement under which the dispute in question was to be settled
otherwise than by proceedings in the courts of the country of that court.

(5) Recognition of the jurisdiction of the
original court shall not be refused on the ground that the original court
had no jurisdiction under the law of its own country if under the law of the
country of the original court the judgment is conclusive unless and until
the proper proceedings are taken to set it aside.
ARTICLE V 
Judgments pronounced in the territory
of one Contracting Party shall be enforced by execution in the territory of
the other in the manner provided in 
Articles VI-VIII of the present Convention
provided that the following conditions are fulfilled:
(a) that they are enforceable by execution
(including Avsetning) in the country of the original court;
(b) there is payable thereunder a sum of
money whether by way of costs or otherwise;
(c) the judgment debt has not been wholly
satisfied;
(d) none of the objections set out in 
paragraph (2) and (4) of Article III
 to the recognition of the judgment can be
established;
and provided that, where the court applied to is satisfied
that proceedings by way of appeal have been instituted against the judgment
in the country of the original court or that such proceedings have not been
instituted, but the time for appeal, if any, has not elapsed under the law
of the country of the original court, such judgments need not be enforced
but the court applied to shall, if so requested and unless the judgment debtor
gives security, take such temporary measures in regard thereto as are prescribed
by its own law in regard to judgments of the courts of its own country.
ARTICLE VI 

(1) In order that any judgment pronounced
in the Kingdom of Norway should be enforced in the United Kingdom, an application
by a judgment creditor for its registration should, in accordance with the
procedure of the court applied to, be made:
(a) in England and Wales, to the High Court
of Justice;
(b) in Scotland, to the Court of Session;
and
(c) in Northern Ireland, to the Supreme Court
of Judicature.
(2) The application for registration should
be accompanied by:
(a) a certified copy of the complete judgment
authenticated by the court seal;
(b) an affidavit of the facts required by
the rules of the court applied to including a statement as to whether at the
date of the application the judgment can be enforced in Norway by Avsetning
or ordinary execution;
(c) a translation of any document required
by this paragraph (except any affidavit in English) certified by a sworn translator
or by a diplomatic or consular officer of either Contracting Party.
(3) The documents enumerated in 
paragraph (2) shall require no further authentication.

(4) If an application is made in accordance
with paragraphs (1) and 
(2) of this Article in respect of a judgment
fulfilling the conditions laid down in Article
V, registration shall be granted.
ARTICLE VII 

(1) In order that any judgment pronounced
in the United Kingdom should be enforced in the Kingdom of Norway, an application
by a judgment creditor for its acceptance as enforceable should, in accordance
with the procedure of the court applied to, be duly made in Norway to the
court of execution in whose jurisdiction the judgment debtor has his principal
establishment (bepel) or to any other court competent by Norwegian Law.
(2) The application should be accompanied
by:
(a) a certified copy of the judgment authenticated
by the court seal, or in the case of judgments of the sheriff court, authenticated
by the signature of the sheriff clerk;
(b) a document issued by the original court
giving full particulars as regards the proceedings and the causes of action
in respect of which it was given and specifying whether at the date of the
application the time for appeal has elapsed without any proceedings by way
of appeal having been instituted against the judgment in the United Kingdom;

(c) a translation of any document required
by this paragraph certified by a sworn translator or by a diplomatic or consular
officer of either Contracting Party.
(3) The documents enumerated in 
paragraph (2) shall require no further authentication.

(4) If an application is made in accordance
with paragraphs (1) and 
(2) of this Article in respect of a judgment
fulfilling the conditions laid down in Article
V, it shall be accepted as enforceable.
ARTICLE VIII 

(1) Where any judgment has been registered
under Article VI,
or where any judgment has been accepted as enforceable under 
Article VII, such judgment shall, as from the
date of registration or acceptance as enforceable, and as regards all questions
relating to its execution in the country of the court applied to be of the
same effect as if it had been a judgment originally given in the country of
the court applied to and the court applied to shall have the same control
and jurisdiction over the execution of the judgment as it has over the execution
of similar judgments given in its own country.
(2) The procedure for the registration of
a judgment under Article VI
and the procedure for the acceptance of a judgment as enforceable under 
Article VII shall be made as simple and rapid
as possible, and no deposit by way of security for costs shall be required
of any person making application for such registration, or for the acceptance
of a judgment as enforceable.
(3) After a period of six years, running
from the date of the judgment of the original court, if no proceedings have
been taken against the judgment in the country of the original court, or from
the date of the judgment given in the last instance if such proceedings have
been taken, there shall be no obligation under the present Convention to enforce
that judgment.
(4) If it is found by the court applied to
that the judgment, in respect of which an application is made for registration
under Article VI
or for its acceptance as enforceable under Article
VII, has been, at the date of such application,
partly but not wholly satisfied by payment, the judgment shall be registered
or accepted as enforceable in respect of the balance remaining payable at
that date, provided that the judgment is otherwise on which would be enforceable
under the provisions of the present Convention.
(5) If it is found by the court applied to
that the judgment, in respect of which an application is made for registration
under Article VI
or for its acceptance as enforceable under Article
VII, is in respect of different matters and
that some, but not all, of the provisions of the judgment are such that if
those provisions had been contained in separate judgments those judgments
could properly have been registered or could have been accepted as enforceable,
the judgment may be registered or accepted as enforceable in respect of the
provisions aforesaid but not in respect of any other provisions contained
therein.
(6) If under a judgment a sum of money is
payable, which is expressed in a currency other than that of the country of
the court applied to, the law of the country of the court applied to shall
determine if, and if so, in what manner and in what circumstances, the amount
payable under the judgment may or shall be converted into the currency of
the country of the court applied to for the purpose of the satisfaction or
enforcement of the judgment debt.
(7) When a judgment is registered or accepted
as enforceable, there shall, if so requested by the judgment creditor, be
included the costs of and incidental to registration or to the application
for its acceptance as enforceable and the amount due by way of interest determined
in accordance with the law of the country of the court applied to.
ARTICLE IX 
Any difficulties which may arise in
connection with the interpretation or application of this Convention shall
be settled through the diplomatic channel.
ARTICLE X 

(1) The Government of the United Kingdom
may, by a notification given through the diplomatic channel, at any time while
the Convention is in force under Article XI,
and provided that an agreement has been concluded by an Exchange of Notes
on the points mentioned in paragraph (2)
of this Article, extend the operation of this Convention to any territory
for whose international relations the Government of the United Kingdom are
responsible.
(2) Prior to any notification of extension
in respect of any territory under the preceding paragraph, an agreement shall
be concluded between the Contracting Parties by an Exchange of Notes as to
the courts of the territory concerned, which shall be courts to whose judgment
the present shall apply and the courts to which application for registration
of any judgment shall be made.
(3) The date of the coming into force of
any extension under this Article shall be three months from the date of the
notification given under paragraph (1)
of this Article.
(4) Either of the Contracting Parties may,
at any time after the expiry of three years from the coming into force of
an extension of this Convention to any of the territories referred to in 
paragraph (1) of this Article, terminate such
extension on giving six months' notice of termination through the diplomatic
channel.
(5) The termination of the Convention under 
Article XI shall, unless otherwise expressly
agreed by both Contracting Parties, ipso facto terminate it
in respect of any territory to which it has been extended under 
paragraph (1) of this Article.
ARTICLE XI 
The present Convention shall be subject
to ratification. Instruments of ratification shall be exchanged at Oslo. The
Convention shall come into force one month after the date on which the instruments
of ratification are exchanged, and shall remain in force for three years after
the date of its coming into force. If neither of the Contracting Parties shall
have given notice through the diplomatic channel to the other, not less than
six months before the expiration of the said period of three years, of intention
to terminate the Convention, it shall remain in force until the expiration
of six months from the date on which either of the Contracting Parties shall
have given notice to terminate it.
In witness whereof the undersigned, duly authorised thereto by
their respective Governments, have signed the present Convention.
Done in duplicate at London the 12th day of June, 1961, in the
English and Norwegian languages both texts being equally authoritative.
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
EDWARD HEALTH
For the Government of the Kingdom of Norway:
ERIK BRAADLAND

