When is the deadline for application to set aside an order granting permission to enforce?
The catalogue records a 14 days period from Service of the order giving permission to enforce. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 14 days
- Trigger
- Service of the order giving permission to enforce
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Where the order is to be served out of the jurisdiction the court sets a different period in the order itself, so read the order rather than assuming 14 days. The court can extend on ordinary case-management principles, but the consequence of simply letting the period pass is immediate and automatic: the bar on enforcement in sub-paragraph (b) falls away and the award creditor can execute.
- This is the single most important enforcement deadline for an award debtor, and it applies to enforcement under s.66 of the 1996 Act, under s.101 for New York Convention awards, under s.26 of the 1950 Act and under s.3(1)(a) of the 1975 Act, all of which are routed through CPR 62.18(1). CPR 62.18(10) requires the order itself to state both the right to apply to set it aside and