Convention between the government of the united kingdom of great britain and northern ireland and the government of tonga providing for the reciprocal enforcement and recognition of judgments in civil matters



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CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF TONGA PROVIDING FOR THE RECIPROCAL ENFORCEMENT AND RECOGNITION OF JUDGMENTS IN CIVIL MATTERS
(London, 28 June 1979)
ENTRY INTO FORCE: 18 DECEMBER 1979

PREAMBLE

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Tonga; -
Desiring to provide on the basis of reciprocity for the enforcement and recognition of judgments in civil matters;
Have agreed as follows:
PART I - DEFINITIONS
Article 1
In this Convention, the following words and expressions shall, unless the context otherwise requires, have the meanings assigned to them in this Article.
(a) "Action in personam" shall not be deemed to include- any matri-monial cause or any proceeding in connection with matrimonial matters, administration of estates of deceased persons, bankruptcy, winding up of companies, guardianship of infants, or judicial supervision of the administration of the property or affairs of a person who is incompetent or incapable of managing and administering his property and affairs.
(b) "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.
(c) "Judgment" means any decision of a court, however described (judgment, order and the like), by which the :-rights of the, parties are finally determined. It includes a judgment or order 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. It also includes judgments and orders 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.
(d) "Judgment creditor" means the person in whose favour the judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise.
(e) "Judgment debtor" means the person against whom the judgment was given in the original court and includes any person against whom the judgment is enforceable under the law of the country of the original court.
(f) "Original court" in relation to any judgment means the court b Y which the judgment was given; and "Court applied to" means the court to which an application for the registration of a judgment is made.
(g) "Superior court" means
(i) in the case of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as "the United Kingdom-), the House of Lords; for England and Wales, the Supreme Court of Judicature (Court of Appeal, High Court of Justice and Crown Court); for Scotland, the Court of Session and the Sheriff Court; and for Northern Ireland, the Supreme Court o€ Judicature; and
(ii) in the case of Tonga, the Supreme Court of Tonga.
(h) Territory means:
(i) in relation to the United Kingdom, England and Wales, Scotland, Northern Ireland and any territories to which the Convention may have been extended under Article 11; and
(j) in relation to Tonga, the Kingdom of Tonga.

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