The Civil Jurisdiction and Judgments (Amendment) Regulations 2014

Regulation 2

SCHEDULE 1 Amendments to the Civil Jurisdiction and Judgments Act 1982

1.  The Civil Jurisdiction and Judgments Act 1982 is amended as follows.

2.  In section 1 (interpretation of references to the Convention and Contracting States), in subsection (1) for the definition of “the Regulation” substitute the following definition—

““the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);”.

3.  In section 16 (allocation within UK of jurisdiction within certain civil proceedings), in subsection (1)(b), for Article 22” substitute “Article 24”.

4.  In section 48 (matters for which rules of court may provide)—

(a) in subsection (2)(a), omit “, the Regulation”; and

(b) after subsection (2)(a) insert—

“(aa) which is enforceable in the United Kingdom under the Regulation,”.

Regulation 3

SCHEDULE 2 Amendments to the Civil Jurisdiction and Judgments Order 2001

1.  The Civil Jurisdiction and Judgments Order 2001 is amended as follows.

2.  In Article 2 (interpretation), in paragraph (1), for the definition of “the Regulation” substitute—

““the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)(1) as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(2);”.

3.—(1) Schedule 1 (the Regulation) is amended as follows.

(2) In paragraph 1 (interpretation)—

(a) in sub-paragraph (1), in the definition of “judgment”, for “Article 32” substitute “Article 2”; and

(b) omit sub-paragraph (3).

(3) In paragraph 2 (enforcement of judgments other than maintenance orders (section 4))—

(a) in sub-paragraph (1)—

(i) for “registered” substitute “enforced”; and

(ii) for “registration” substitute “enforcement”;

(b) for sub-paragraph (2) substitute—

“(2) A judgment to be enforced under the Regulation shall for the purposes of its enforcement be of the same force and effect, the enforcing court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the enforcing court.

(2A) Where a judgment to be enforced under the Regulation would, if it had been given by a court in Northern Ireland, be enforced by the Enforcement of Judgments Office pursuant to the Judgments Enforcement (Northern Ireland) Order 1981(3), that judgment shall for the purposes of its enforcement be of the same force and effect, the Enforcement of Judgments Office shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by a court in Northern Ireland.”; and

(c) in sub-paragraph (3), for “Article 47 (restriction on enforcement where appeal pending or time for appeal unexpired)” substitute “Articles 41(2) and 46”.

(4) After paragraph 2, insert—

“Adaptation orders: Northern Ireland

2A.— (1) This article applies in relation to proceedings in Northern Ireland in relation to the adaptation of a measure or order pursuant to article 54 of the Regulation.

(2) In this article, an “adaptation order” means an order for the adaptation of a legal remedy which is contained in a foreign judgment but is unknown under the law of Northern Ireland pursuant to article 54 of the Regulation.

(3) The High Court may make an adaptation order on application or on its own initiative.

(4) An application for an adaptation order or a challenge under article 54(2) of the Judgments Regulation to the adaptation of any measure must be made to the High Court.

(5) A county court or the Enforcement of Judgments Office must refer any matter arising before it in relation to the adaptation of a measure or order pursuant to article 54 of the Regulation to the High Court.”

(5) Omit paragraph 3 (recognition and enforcement of maintenance orders).

(6) In paragraph 4 (appeals under article 44 and Annex IV), in the heading and in sub-paragraph (1), for “Article 44 and Annex IV” substitute “Article 50 and 75(c)”.

(7) In paragraph 5 (interest on registered judgments (section 7))—

(a) in the heading, omit “registered”;

(b) for sub-paragraph (1) substitute—

“(1) Subject to sub-paragraph (2) and rules of court as to the payment of interest under this paragraph, where a person applying for enforcement of a judgment under the Regulation shows that—

(a) the judgment provides for the payment of a sum of money; and

(b) in accordance with the law of the Regulation State in which the judgment was given and the terms of the judgment, interest on that sum is recoverable at a particular rate and from a particular date or time,

the debt resulting from enforcement of the judgment is to carry interest at that rate and from that date or time.”

(c) in sub-paragraph (2)—

(i) for “registering” substitute “enforcing”; and

(ii) for “registration” substitute “enforcement”;

(d) omit sub-paragraph (3); and

(e) in sub-paragraph (4), for “Except as mentioned in sub-paragraph (3), debts under judgments registered” substitute “Debts under judgments enforced”.

(8) Omit paragraph 6 (currency of payment under registered maintenance orders (section 8)).

(9) In paragraph 7 (allocation within United Kingdom of jurisdiction with respect to trusts and consumer contracts (section 10))—

(a) In sub-paragraph (2), for “Article 5(6)” substitute “Article 7(6)”; and

(b) In sub-paragraph (3), for “Article 16(1)” substitute “Article 18(1)”.

(10) In paragraph 8 (proof and admissibility of certain judgments and related documents (section 11)), in sub-paragraph (1)(b), for “Article 54 and Annex V” substitute “Article 53 and Annex I”.

(11) In paragraph 9 (domicile of individuals (section 41)), in sub-paragraph (1), for “Article 59” substitute “Article 62”.

(12) In paragraph 10 (seat of company or other legal person or association for purposes of Article 22(2) (section 43)), in the heading, in sub-paragraph (1) and in sub-paragraph (4)(b), for “Article 22(2)” substitute “Article 24(2)”.

(13) In paragraph 11 (persons deemed to be domiciled in the United Kingdom for certain purposes (section 44))—

(a) in sub-paragraph (2)(a), for “Article 9(2)” substitute “Article 11(2)”;

(b) in sub-paragraph (2)(b), for “Article 15(2)” substitute “Article 17(2)”; and

(c) in sub-paragraph (2)(c), for “Article 18(2)” substitute “Article 20(2)”.

Regulation 4

SCHEDULE 3 Amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001

1.  The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001 is amended as follows.

2.  In Article 1, in paragraph (2), for the definition of “the Regulation” substitute—

““the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)(4) as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(5);”

3.  In Article 2—

(a) in paragraph (4)—

(i) in the modified sub-paragraph (1)(b) (of paragraph 8 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001) substituted by sub-paragraph (a), for “Article 57 and Annex VI” substitute “Articles 58 and 60 and Annex II”; and

(ii) in the modified sub-paragraph (2) (of paragraph 8 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001), omit “drawn up or registered, and” and the comma after “enforceable”; and

(b) in paragraph (5)—

(i) for “54” substitute “53”; and

(ii) for “58” substitute “60”.

4.  In Article 3, for “registration” substitute “enforcement”.

Regulation 5

SCHEDULE 4 Consequential amendments to other enactments

The Merchant Shipping (Liner Conferences) Act 1982 (c. 37)

1.  In section 5 of the Merchant Shipping (Liner Conferences) Act 1982 (liability of members of conference to be in proportion to their responsibility)(6), in subsection (6), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

The Companies Act 1989 (c. 40)

2.  In section 183 of the Companies Act 1989 (insolvency proceedings in other jurisdictions)(7), in subsection (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

The Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (NI 10))

3.  In Article 104 of the Companies (No. 2) (Northern Ireland) Order 1990 (insolvency proceedings in other jurisdictions)(8), in paragraph (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.

The High Court and County Courts Jurisdiction Order 1991 (S.I. No. 1991/724)

4.  After article 6F of the High Court and County Courts Jurisdiction Order 1991(9), insert—

“6G.— (1) In this article—

(a) “the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);

(b) “adaptation order” means an order for the adaptation of a legal remedy which is contained in a foreign judgment but is unknown under the law of England and Wales pursuant to article 54 of the Judgments Regulation.

(2) An application for an adaptation order or a challenge under article 54(2) of the Judgments Regulation to the adaptation of any measure without an adaptation order must be made to the High Court.”

The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979)

5.  In regulation 25 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (insolvency proceedings in other jurisdictions)(10), in paragraph (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

6.  In section 56(4)(b)(iii) of the Criminal Proceedings (etc. (Reform) (Scotland) Act 2007(11), for the words from “Council” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

The Defamation Act 2013 (c. 26)

7.  In section 9(5) of the Defamation Act 2013, in the definition of “the Brussels Regulation”, for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

(1)

OJ No. L 351, 20.12.2012, p.1

(2)

OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4

(3)

SI 1981/226 (NI 6)

(4)

OJ No. L 351, 20.12.2012, p.1

(5)

OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4.

(6)

Subsection (6) of section 5 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 17, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 11.

(7)

Subsection (3) of section 183 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 21, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 15.

(8)

Paragraph (3) of article 104 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 23, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 27(2).

(9)

Article 6F was inserted by S.I. 2014/821, article 2(1) and (8).

(10)

Paragraph (3) of regulation 25 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 27, and by S.I. 2007/1655, regulation 5, Schedule, Part 2, paragraph 32.

(11)

Section 56(4)(b)(iii) was amended by S.I. 2007/1655, regulation 5, Schedule 1, paragraph 19.