Civil Jurisdiction and Judgments Act 1982

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“the 1996 Accession Convention" means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,]

  • [F4[F5 “the Brussels Conventions” ] means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention [F6, the 1989 Accession Convention and the 1996 Accession Convention].]

  • [F7“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16th September 1988 and signed by the United Kingdom on 18th September 1989.]

  • [F8“the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.]

(2)In this Act, unless the context otherwise requires—

[F9(a)references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention [F10, the 1989 Accession Convention and the 1996 Accession Convention]; and]

[F11(aa)references to, or to any provision of, the Lugano Convention are references to that Convention as amended on the accession to it of Poland; and]

[F12(b)any reference in any provision to a numbered Article without more is a reference—

(i)to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii)to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.]

[F13(3)[F14In this Act—

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

    (a)

    in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; and

    (b)

    in the application of the provision in relation to the Lugano Convention, a Lugano Contracting State;]

  • [F15“Brussels Contracting State” means Denmark (which is not bound by the Regulation, but was one of the parties acceding to the 1968 Convention under the Accession Convention);]

  • [F16[F17 “Lugano Contracting State” means—

    (a)

    one of the original parties to the Lugano Convention, that is to say Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom; or

    (b)

    a party who has subsequently acceded to that Convention, that is to say, Poland]

    being a State in relation to which that Convention has taken effect in accordance with paragraph 3 or 4 of Article 61.]

  • [F18“Regulation State” in any provision, in the application of that provision in relation to the Regulation, has the same meaning as “Member State” in the Regulation, that is all Members States except Denmark.]]

[F19(4)Any question arising as to whether it is the Regulation, any of the Brussels Conventions, or the Lugano Convention which applies in the circumstances of a particular case shall be determined as follows—

(a)in accordance with Article 54B of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); and

(b)in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation).]

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.

F3S. 1(1): definition of "the 1996 Accession Convention" inserted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 3(a)

F4Definition in s. 1(1) substituted (1.10.1991) by S.I. 1990/2591, art. 4

F5Words in s. 1(1) substituted (1.5.1992) by virtue of Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 2(2), (with s. 4); S.I. 1992/745, art. 2

F6S. 1(1): words in definition of "the Brussels Conventions" substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 3(b)

F8Definition of “the Regulation” in s. 1(1) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 1(a)

F9S. 1(2)(a) substituted (1.10.1991) by S.I. 1990/2591, art. 5

F13S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

F14Words in s. 1(3) substituted (1.5.1992) by virtue of Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s.2(5), (with s. 4); S.I. 1992/745, art. 2

F15Definition of “Brussels Contracting State” in s. 1(3) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 1(b)(i)

F18Definition of “Regulation State” in s. 1(3) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 1(b)(ii)