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Chwiliad Uwch

Civil Jurisdiction and Judgments Act 1982

Status:

Point in time view as at 24/05/2024.

Changes to legislation:

Civil Jurisdiction and Judgments Act 1982, Part I is up to date with all changes known to be in force on or before 27 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IU.K. Implementation of the Conventions

Main implementing provisionsU.K.

1 Interpretation of references to the Conventions and Contracting States.U.K.

(1)In this Act—

  • “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

  • “the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

  • “the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

  • [F1“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;]

  • [F2 “the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989]

  • F3...

  • [F4the 1996 Hague Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague; ]

  • [F5“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at [F6The Hague];]

  • [F7“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;]

  • [F8“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague;]

  • F9...

  • F10...

  • F11...

  • [F12“the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) F13... as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4) [F14as that Regulation had effect and was applied immediately before [F15IP completion day]];]

F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(3)In this Act—

  • [F18“2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;]

  • [F19“2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;]

  • [F20“2019 Hague Convention State”, in any provision, in the application of that provision in relation to the 2019 Hague Convention, means a State bound by that Convention;]

  • “Contracting State”, without more, in any provision means—

    (a)

    F21...

    (b)

    F21...

    (c)

    [F22in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;][F23 and

    (d)

    in the application of the provision in relation to the 2019 Hague Convention, a 2019 Hague Convention State.]

  • F24...

  • F25...

  • F26...

  • F27...]

F28(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3

F2Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.

F6Words in s. 1(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(2)(a)

F8Words in s. 1(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(2)(b)

F15Words in s. 1(1) substituted in earlier amending provision S.I. 2019/479, reg. 6(2)(b)(ii) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(a)

F17S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

F20Words in s. 1(3) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(3)(a)

F23Words in s. 1(3) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(3)(b)

F302The [F29Brussels Conventions] to have the force of law.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F323 Interpretation of the [F31Brussels Conventions].U.K.

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Textual Amendments

3A The Lugano Convention to have the force of law.U.K.

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3B Interpretation of the Lugano Convention.U.K.

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F353CThe 1996 Hague Convention to have the force of lawU.K.

(1)The 1996 Hague Convention shall have the force of law in the United Kingdom.

(2)For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—

(a)the declaration under Article 29 of the Convention, concerning applicable territorial units;

(b)the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;

(c)the declaration under Article 54 of the Convention, concerning the use of French.

(3)For convenience of reference there are set out in Schedules 3D and 3E respectively—

(a)the English text of the 1996 Hague Convention;

(b)the declarations referred to in subsection (2).

Textual Amendments

3DThe 2005 Hague Convention to have the force of lawU.K.

(1)The 2005 Hague Convention shall have the force of law in the United Kingdom.

(2)For the purposes of this Act the 2005 Hague Convention is to be read together with [F36the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts].

[F37(3)For convenience of reference there are set out in Schedules 3F and 3FA respectively—

(a)the English text of the 2005 Hague Convention;

(b)the declarations referred to in subsection (2).]

Textual Amendments

3EThe 2007 Hague Convention to have the force of lawU.K.

(1)The 2007 Hague Convention shall have the force of law in the United Kingdom.

[F38(2)For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—

(a)the declaration under Article 2(3) of the Convention, concerning spousal support;

(b)the reservation under Article 44(3) of the Convention, concerning the use of French;

(c)the declaration under Article 11(1)(g) of the Convention, concerning application contents;

(d)the unilateral declaration concerning the application of the Convention.]

[F39(3)For convenience of reference there are set out in Schedules 3G and 3GA respectively—

(a)the English text of the 2007 Hague Convention;

(b)the reservations and declarations referred to in subsection (2).]]

Textual Amendments

[F403FThe 2019 Hague Convention to have the force of lawU.K.

(1)The 2019 Hague Convention shall have the force of law in the United Kingdom.

(2)For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H.]

Textual Amendments

F40S. 3F inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 5(1)

Supplementary provisions as to recognition and enforcement of judgmentsU.K.

F414 Enforcement of judgments other than maintenance orders.U.K.

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Textual Amendments

F424A Enforcement of judgments, other than maintenance orders, under the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F434B.Registration and enforcement of judgments under the 2005 Hague ConventionU.K.

[F44(1)Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.]

(2)In subsection (1) “the appropriate court” means—

(a)in England and Wales or Northern Ireland, the High Court;

(b)in Scotland, the Court of Session.

[F45(3)On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—

(a)the requirements of Article 13 of the 2005 Hague Convention have been met, and

(b)the judgment—

(i)meets the condition in Article 8(3) of the 2005 Hague Convention, and

(ii)otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.]

(4)The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5)Where a judgment F46... has been registered [F47under this section], the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(6)A judgment [F48registered under this section] shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(7)Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.]

Textual Amendments

F44S. 4B(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(2) (with reg. 20)

F45S. 4B(3) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(3) (with reg. 20)

F46Words in s. 4B(5) omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(a) (with reg. 20)

F47Words in s. 4B(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(b) (with reg. 20)

F48Words in s. 4B(6) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(5) (with reg. 20)

Modifications etc. (not altering text)

[F494CRegistration and enforcement of judgments under the 2019 Hague ConventionU.K.

(1)Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

(2)In subsection (1) “the appropriate court” means—

(a)in England and Wales or Northern Ireland, the High Court;

(b)in Scotland, the Court of Session.

(3)On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that—

(a)the requirements of Article 12 of the 2019 Hague Convention have been met, and

(b)the judgment—

(i)meets the condition in Article 4(3) of the 2019 Hague Convention,

(ii)meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and

(iii)otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention.

(4)The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5)Where a judgment has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(6)A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(7)Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2019 Hague Convention may be enforced.]

Textual Amendments

F49S. 4C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 7

Modifications etc. (not altering text)

C2S. 4C applied (with modifications) (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)-(3)

F505 Recognition and enforcement of maintenance orders.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F515A Recognition and enforcement of maintenance orders under the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F526 Appeals under Article 37, second paragraph and Article 41.U.K.

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Textual Amendments

F536A Appeals under Article 44 and Annex IV of the Lugano ConventionU.K.

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Textual Amendments

[F546B.Applications to set aside decisions on registration of judgments under the 2005 Hague ConventionU.K.

(1)Either party may apply to set aside the decision on an application under section 4B(1).

(2)An application under subsection (1) must be made—

(a)in England and Wales or Northern Ireland, to the High Court;

(b)in Scotland, to the Court of Session.

(3)Where an application under subsection (1) is brought against a decision to register a judgment, the court—

(a)must set aside the decision and refuse to register the judgment if it is satisfied that—

(i)the condition in Article 8(3) of the 2005 Hague Convention is not met, or

(ii)the judgment otherwise does not meet the requirements of the 2005 Hague Convention;

(b)may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies.

(4)Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

(a)must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i)the condition in Article 8(3) of the 2005 Hague Convention is met,

(ii)the judgment otherwise meets the requirements of the 2005 Hague Convention, and

(iii)none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies;

(b)may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i)the condition in paragraph (a)(i) is met,

(ii)the requirements referred to in paragraph (a)(ii) are met, and

(iii)one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

(5)Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.]

Textual Amendments

F54S. 6B substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 8 (with reg. 20)

[F556CApplications to set aside decisions on registration of judgments under the 2019 Hague ConventionU.K.

(1)Either party may apply to set aside a decision on an application under section 4C(1).

(2)An application under subsection (1) must be made—

(a)in England and Wales or Northern Ireland, to the High Court;

(b)in Scotland, to the Court of Session.

(3)Where an application under subsection (1) is brought against a decision to register a judgment, the court—

(a)must set aside the decision and refuse to register the judgment if it is satisfied that—

(i)the condition in Article 4(3) of the 2019 Hague Convention is not met,

(ii)none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or

(iii)the judgment otherwise does not meet the requirements of the 2019 Hague Convention;

(b)may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies.

(4)Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

(a)must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i)the condition in Article 4(3) of the 2019 Hague Convention is met,

(ii)at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,

(iii)the judgment otherwise meets the requirements of the 2019 Hague Convention, and

(iv)none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies;

(b)may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i)the condition in paragraph (a)(i) is met,

(ii)the requirements referred to in sub-paragraphs (ii) and (iii) of paragraph (a) are met, and

(iii)one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

(5)Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C.]

Textual Amendments

F55S. 6C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 9

Modifications etc. (not altering text)

C3S. 6C applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

7 Interest on registered judgments.U.K.

(1)F56... Where in connection with an application for registration of a judgment under section F57... [F584BF59...] [F60, 4C, 6B or 6C] the applicant shows—

(a)that the judgment provides for the payment of a sum of money; and

(b)that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, F61... from the registration of the judgment shall carry interest in accordance with the registered particulars.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F64... Debts under judgments registered under section F65... [F664B]F67... [F68, 4C, 6B or 6C] shall carry interest only as provided by this section.

Textual Amendments

F60Words in s. 7(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10

F68Words in s. 7(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10

Modifications etc. (not altering text)

C4S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

C7S. 7 applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

F698Currency of payment under registered maintenance orders.U.K.

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Textual Amendments

Other supplementary provisionsU.K.

9 [F70Provisions supplementary to Article 26 of the 2005 Hague Convention] [F71and Article 23 of the 2019 Hague Convention].U.K.

(1)F72... [F73Article 26 of the 2005 Hague Convention] [F74and Article 23 of the 2019 Hague Convention (which make provision for the relationship between those Conventions and other conventions to which Contracting States are or may become parties)] shall have effect in relation to—

(a)any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

(b)any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

F75(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Words in s. 9 heading inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 11(2)

F74Words in s. 9(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 11(3)

F75S. 9(1A) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 2

F7710Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.U.K.

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Textual Amendments

F7811Proof and admissibility of certain judgments and related documents.U.K.

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Textual Amendments

F7911AProof and admissibility of certain judgments and related documents for the purposes of the Lugano ConventionU.K.

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Textual Amendments

[F8011B.Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague ConventionU.K.

(1)For the purposes of the 2005 Hague Convention—

(a)a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b)a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.

(2)A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a)to bear the seal of that court; or

(b)to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

(3)Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.]

Textual Amendments

Modifications etc. (not altering text)

[F8111CProof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague ConventionU.K.

(1)For the purposes of the 2019 Hague Convention—

(a)a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2019 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown, and

(b)a certificate issued by the court of the 2019 Hague Convention State of origin, in the form recommended for use under the 2019 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 12(3) of the 2019 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2019 Hague Convention State of origin.

(2)A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a)to bear the seal of that court, or

(b)to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

(3)Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.]

Textual Amendments

F81S. 11C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 12

Modifications etc. (not altering text)

C9S. 11C applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

12 Provision for issue of copies of, and certificates in connection with, U.K. judgments.U.K.

Rules of court may make provision for enabling any interested party wishing to secure under F82... [F83the 2005 Hague Convention] [F84or the 2019 Hague Convention] the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgment; and

(b)a certificate giving particulars relating to the judgment and the proceedings in which it was given.

Textual Amendments

F84Words in s. 12 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 13

Modifications etc. (not altering text)

C10S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.

F8513Modifications to cover authentic instruments and court settlements.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8614Modifications consequential on revision of the Conventions.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15 Interpretation of Part I and consequential amendments.U.K.

(1)In this Part, unless the context otherwise requires—

  • “judgment” has the meaning given by F87... [F88Article 4(1) of the 2005 Hague Convention] [F89or, as the case may be, Article 3(1) of the 2019 Hague Convention];

  • F90...

  • F91...

  • “prescribed” means prescribed by rules of court.

(2)References in this Part to a judgment registered under [F92sections F93... [F944BF95...]] [F96, 4C, 6B or 6C] include, to the extent of its registration, references to a judgment so registered to a limited extent only.

F97(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1(4)The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F89Words in s. 15(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 14(2)

F96Words in s. 15(2) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 14(3)

Modifications etc. (not altering text)

C11S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.

Yn ôl i’r brig

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