Civil Jurisdiction and Judgments Act 1982

Jurisdiction over consumer contracts U.K.

3 (1) In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called the “consumer",subject to Rule 4 (exclusive jurisdiction),jurisdiction shall be determined by thisRuleif it is—

(a) a contract for the sale of goods on instalment credit terms; or

(b) a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c) any other contract for the supply of goods or a contract for the supply of services,if—

(i) the consumer took inScotland the steps necessary for the conclusion of the contract;or

(ii) proceedings are brought in Scotland by virtue of section 10(3).[Article 13]

(2) ThisRule shall not apply to contracts of transportor contracts of insurance.

(3) A consumer may bring proceedings against the other party to a contractonly in—

(a) the courtsfor the place in which that party is domiciled;

(b) the courtsfor the place in which he is himself domiciled;or

(c) any court having jurisdiction by virtue of Rule 2(6) or (9).[Article 14]

(4) Proceedings may be brought against a consumer by the other party to the contract only in the courtsfor the place wherethe consumer is domiciledor any court having jurisdiction under Rule 2(9).

(5) Nothing in this Rule shall affect the right to bring a counterclaim in the court in which,in accordance with this Rule, the original claim is pending.

(6) The provisions of thisRulemay be departed from only by an agreement—

(a) which is entered into after the dispute has arisen; or

(b) which allows the consumer to bring proceedings ina court other thana court indicated in thisRule.[Article 15(1) and (2)]