Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Regulation (EC) No. 44/2001) (Transitional Provisions) 2019

Form of applications

4.  In the Appendix—

(a) in Form 62.28 (form of petition for registration of a judgment under section 4 of the Civil Jurisdiction and Judgments Act 1982 or under Article 38, Article 57 or Article 58 of the Lugano Convention)(1)—

(i) in the heading, after “or Article 58 of”, insert “the Council Regulation or”;

(ii) in the instance, for “Civil Jurisdiction and Judgments Act 1982 [or under the Lugano Convention”, substitute “Civil Jurisdiction and Judgments Act 1982 [or under Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil or commercial matters or under the Lugano Convention”;

(iii) in paragraph 7, for “Civil Jurisdiction and Judgments Act 1982 [or under Article 38”, substitute “Civil Jurisdiction and Judgments Act 1982 [or under Article 38 [or 57 or 58] of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil or commercial matters [or under Article 38”;

(b) in Form 62.33 (form of notice of decree and warrant for registration of a judgment under section 4 of the Civil Jurisdiction and Judgments Act 1982 or under Article 38, Article 57 or Article 58 of the Lugano Convention)(2)—

(i) in the heading, after “Article 58 of”, insert “the Council Regulation or”;

(ii) in the preamble, for “[or under Article 38 [or 57 or 58] of the Lugano Convention”, substitute “[or under Article 38 [or 57 or 58] of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil or commercial matters or the Lugano Convention”.

(1)

Form 62.28 was last substituted by S.S.I. 2015/26.

(2)

Form 62.33 was last substituted by S.S.I. 2015/26.