The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015

Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings

13.—(1) Section 25 (interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings)(1) is amended as follows.

(2) In subsections (1)(a) and (3)(a) after “Lugano Convention” insert “or a 2005 Hague Convention State”.

(3) In subsection (1) for paragraph (b) substitute—

“(b) they are or will be proceedings whose subject-matter is either within the scope of the Regulation, as determined by Article 1 of the Regulation, within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation, within scope of the Lugano Convention as determined by Article 1 of the Lugano Convention or within scope of the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention (whether or not the Regulation, the Maintenance Regulation, the Lugano Convention or the 2005 Hague Convention has effect in relation to the proceedings).”.

(4) In subsection (3)(b)—

(a) for “or the Lugano Convention” substitute “, the Lugano Convention”; and

(b) at the end insert “or the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention.”.

(1)

Section 25 was amended by section 3 of, and Schedule 2 paragraph 12 to, the Civil Jurisdiction and Judgments Act 1991, section 107 of, and Schedule 4 to, the Arbitration Act 1996 (c. 23), S.I. 2001/3929, 2009/3131 and 2011/1484.