Explanatory Note
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends Chapter 62 (recognition, registration and enforcement of foreign judgments etc.) of the Rules of the Court of Session. It makes provision in consequence of the coming into force of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (“the Brussels I (recast) Regulation”). The Brussels I (recast) Regulation replaces Council Regulation (E.C.) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“the Brussels I Regulation”).
Paragraph 2(2) to (12) makes textual amendments to Part V of Chapter 62 to remove references to the Brussels I Regulation.
Paragraph 2(13) inserts a new Part VA of Chapter 62. The new Part prescribes the form of petition to be used in making various applications under the Brussels I (recast) Regulation.
Paragraph 2(14) substitutes certain existing forms which relate to Part V of Chapter 62, and inserts new forms for the purposes of Part VA.