Second Progress Report on the Civil Enforcement of Judgments Project 2002


[54] The Working Group requests guidance from the Civil Section with regard to

how the proceeds from an enforcement proceeding should be distributed among registered judgment holders.

Should the distribution of proceeds follow:

(a) the principle of pro rata distribution among judgment creditors who have registered their judgment in the prescribed registry, regardless of the date and time of registration; or

(b) the first-to-register regime where priorities would generally be determined in accordance with the date and time of registration of judgments in the prescribed registry?

[55] The Civil Enforcement of Judgments Working Group will take into account the comments received from the Civil Section as it continues with the Civil Enforcement of Judgments Project.

[56] Discussion Papers used as the point of departure for the Working Group's deliberations can be made available in English.

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