Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

Enforcement of Community judgments by the High Court.

8.—(1) Subject to section 10 (4) and to the restrictions on enforcement contained in Article 39 of the 1968 Convention, if an enforcement order has been made respecting a judgment—

(a) the judgment shall, to the extent to which its enforcement is authorised by the enforcement order, be of the same force and effect as a judgment of the High Court, and

(b) the High Court has the same powers respecting enforcement of the judgment, and proceedings may be taken on the judgment, as if it were a judgment of that Court.

(2) Subject to subsections (3) and (6), subsection (1) shall apply only to a judgment other than a maintenance order.

(3) On application by the maintenance creditor under an enforceable maintenance order, the Master of the High Court may, by order, declare that the following shall be regarded as being payable under a judgment referred to in subsection (1):

(a) sums which were payable under the maintenance order as periodic payments but were not paid before the relevant enforcement order was made;

(b) a lump sum (not being a sum referred to in paragraph (a)) which is payable under the enforceable maintenance order.

(4) A declaration shall not be made under subsection (3) unless the Master of the High Court considers that by doing so the enforceable maintenance order would be more effectively enforced respecting any sums or sum referred to in that subsection.

(5) If a declaration is made under subsection (3), the sums or sum to which the declaration relates shall be deemed, for the purposes of this Part, to be payable under a judgment referred to in subsection (1) and not otherwise.

(6) A maintenance order shall be regarded as a judgment referred to in subsection (1) if the District Court does not have jurisdiction to enforce the order under section 9 (7).