Civil Jurisdiction and Judgments Act 1982

[F1 Article 59 U.K.

Textual Amendments

F1 Sch. 1 substituted (1.10.1991) by S.I. 1990/2591, art. 12(1), Sch. 1

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recognize judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognize a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there—

1.

if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2.

if the property constitutes the security for a debt which is the subject-matter of the action.]