Civil Jurisdiction and Judgments Act 1982

33 Certain steps not to amount to submission to jurisdiction of overseas court. U.K.

(1) For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following purposes, namely—

(a) to contest the jurisdiction of the court;

(b) to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;

(c) to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.

(2) Nothing in this section shall affect the recognition or enforcement in England and Wales or Northern Ireland of a judgment which is required to be recognised or enforced there under the 1968 Convention [F1 or the Lugano Convention][F2 or the Regulation][F3 or the Maintenance Regulation].

Textual Amendments

F1 Words in s. 33(2) inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para. 15 (with s. 4); S.I. 1992/745, art. 2

F2 Words in s. 33(2) added (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 15

F3 Words in s. 33(2) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 10