Version Superseded: 01/03/2002
Point in time view as at 01/04/1993.
Civil Jurisdiction and Judgments Act 1982, Cross Heading: Prorogation of jurisdiction is up to date with all changes known to be in force on or before 05 March 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.
5(1)If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have exclusive jurisdiction.[Article 17(1)]
(2)Such an agreement conferring jurisdiction shall be either in writing or evidenced in writing or, in trade or commerce, in a form which accords with practices in that trade or commerce of which the parties are or ought to have been aware.[Article 17(1)]
(3)The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.[Article 17(2)]
(4)Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (3) above applies may be brought in any court in Scotland.
(5)Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue ofRule 4 or where Rule 4(3) applies.[Article 17(3)]
[F1(6)In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for thedefender’s domicile or those specified in Rule 2(2).]
Textual Amendments
F1Sch. 8 rule 5(6) added (1.4.1993) by S.I. 1993/603, art. 3(c).
6(1)Apart from jurisdiction derived from other provisions of thisSchedule,a court before whom a defender enters an appearance shall have jurisdiction.[Article 18]
(2)This Rule shall not apply where appearance was entered solely to contest jurisdiction, or where another court has exclusive jurisdiction by virtue ofRule 4 or where Rule 4(3) applies.
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