Civil Jurisdiction and Judgments Act 1982

2 Subject to Rules 3 (jurisdiction over consumer contracts), 4 (exclusive jurisdiction) and 5 (prorogation)a person mayalso be sued—[Article 5]

(1) where he has no fixed residence, in a court within whose jurisdiction he is personally cited;

(2) in matters relating to a contract, in the courts for the place of performance of the obligation in question;[Article 5(1)]

(3) in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred;[Article 5(3)]

(4) as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that that court has jurisdiction to entertain civil proceedings;[Article 5(4)]

(5) in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings,provided that an action . . . F1 of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person, and provided also that—

(a) where a local authority exercises its power to raise an action under section 44(7)(a) of the M1 National Assistance Act 1948 or under section 8(1) of the M2 Social Work (Scotland) Act 1968; and

(b) where the Secretary of State exercises his power to raise an action under section 19(8)(a) of the M3 Supplementary Benefits Act 1976;[Article 5(2)]

this Rule shall apply as if the reference to the maintenance creditor were a reference to the mother of the child;

(6) as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;[Article 5(5)]

(7) in his capacity as settlor, trustee or beneficiary of a trustdomiciled in Scotlandcreated by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in theCourt of Session, or the appropriate sheriff court within the meaning of section 24A of the M4 Trusts (Scotland) Act 1921;[Article 5(6)]

(8) where he is not domiciled in the United Kingdom, in the courts for any place where—

(a) any movable property belonging to him has been arrested; or

(b) any immovable property in which he has any beneficial interest is situated;

(9) in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated;

(10) in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;

(11) in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;

(12) in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;

(13) in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;

(14) in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;

(15) (a) where he is one of a number ofdefenders, in the courts for the place where any one of them is domiciled;

(b) as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

(c) on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.[Article 6]

Textual Amendments

F1 Words repealed by Law Reform (Husband and Wife) (Scotland) Act 1984 (c. 15, SIF 49:2), s. 9(1), Sch. 1 para. 7

Modifications etc. (not altering text)

C1 Sch. 8 para. 2(14) extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2, Sch. 2 para. 1(2)(j)

Marginal Citations

M1 1948 c. 29.

M2 1968 c. 49.

M3 1976 c. 71.

M4 1921 c. 58.