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Civil Jurisdiction and Judgments Act 1982 is up to date with all changes known to be in force on or before 10 July 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part I Implementation of the Conventions
Supplementary provisions as to recognition and enforcement of judgments
4A. Enforcement of judgments, other than maintenance orders, under the Lugano Convention
4B.Registration and enforcement of judgments under the 2005 Hague Convention
5A. Recognition and enforcement of maintenance orders under the Lugano Convention
6. Appeals under Article 37, second paragraph and Article 41.
6A. Appeals under Article 44 and Annex IV of the Lugano Convention
6B.Appeals in relation to registration of judgments under the 2005 Hague Convention
Other supplementary provisions
9. Provisions supplementary to Article 26 of the 2005 Hague Convention.
10.Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.
11.Proof and admissibility of certain judgments and related documents.
11A.Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention
11B.Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention
12. Provision for issue of copies of, and certificates in connection with, U.K. judgments.
13.Modifications to cover authentic instruments and court settlements.
14.Modifications consequential on revision of the Conventions.
Part II Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom
Part IV Miscellaneous Provisions
Provisions relating to jurisdiction
24. Interim relief and protective measures in cases of doubtful jurisdiction.
25. Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings.
26. Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.
27. Provisional and protective measures in Scotland in the absence of substantive proceedings.
28. Application of s. 1 of Administration of Justice (Scotland) Act 1972.
29. Service of county court process outside Northern Ireland.
30. Proceedings in England and Wales or Northern Ireland for torts to immovable property.
Provisions relating to recognition and enforcement of judgments
32. Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes.
33. Certain steps not to amount to submission to jurisdiction of overseas court.
34. Certain judgments a bar to further proceedings on the same cause of action.
38. Overseas judgments counteracting an award of multiple damages.
Part V Supplementary and General Provisions
41A.Domicile of individuals for the purposes of the Lugano Convention
42A.Domicile of corporation or association for purposes of certain civil proceedings
43. Seat of corporation or association for purposes of certain provisions.
43A.Seat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano Convention
44.Persons deemed to be domiciled in the United Kingdom for certain purposes.
44A.Persons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano Convention
SCHEDULES
TEXT OF 1971 PROTOCOL, AS AMENDED
Article 1 The Court of Justice of the European Communities...
Article 1 The Court of Justice of the European Communities...
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Article 2 The following courts may request the Court of...
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2.The courts of the Contracting States when they are sitting...
Article 3 Where a question of interpretation of the Convention or of...
Article 4 The competent authority of a Contracting State may request the...
Article 5 Except where this Protocol otherwise provides, the provisions of the...
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Article 7 This Protocol shall be ratified by the signatory...
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Article 8 This Protocol shall enter into force on the...
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Article 9 The Contracting States recognise that any State which...
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Article 10 The Secretary-General of the Council of the European...
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Article 11 The Contracting States shall communicate to the Secretary-General...
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Article 12 This Protocol is concluded for an unlimited period....
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Article 13 Any Contracting State may request the revision of...
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Article 14 This Protocol, drawn up in a single original...
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TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED
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TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION
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TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION
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TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION
1.The Secretary-General of the Council of the European Union shall...
2.The texts of the 1968 Convention, of the 1971 Protocol,...
Article 15 This Convention shall be ratified by the signatory...
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Article 16 This Convention shall enter into force on the first day...
Article 17 The Secretary-General of the Council of the European...
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Article 18 This Convention, drawn up in a single original...
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Section 2 Special Jurisdiction
2.in matters relating to maintenance, in the courts for the...
3.in matters relating to tort, delict or quasi-delict, in the...
4.as regards a civil claim for damages or restitution which...
6.in his capacity as settlor, trustee or beneficiary of a...
7.as regards a dispute concerning the payment of remuneration claimed...
Section 3 Jurisdiction in Matters Relating to Insurance
Section 6 Prorogation of Jurisdiction
TITLE III RECOGNITION AND ENFORCEMENT
TITLE VI TRANSITIONAL PROVISIONS
TITLE VII RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS
Text of the 1996 Hague Convention
(Concluded 19 October 1996)
The States signatory to the present Convention,
Considering the need to improve the protection of children in...
Wishing to avoid conflicts between their legal systems in respect...
Recalling the importance of international co-operation for the protection of...
Confirming that the best interests of the child are to...
Noting that the Convention of 5 October 1961 concerning the...
Desiring to establish common provisions to this effect, taking into...
Have agreed on the following provisions—
CHAPTER I SCOPE OF THE CONVENTION
The Convention applies to children from the moment of their...
The measures referred to in Article 1 may deal in...
The Convention does not apply to— (a) the establishment or...
The measures taken in application of Articles 5 to 10...
The exercise of parental responsibility is governed by the law...
The parental responsibility referred to in Article 16 may be...
The provisions of this Chapter apply even if the law...
The application of the law designated by the provisions of...
CHAPTER IV RECOGNITION AND ENFORCEMENT
The authority of the requested State is bound by the...
Without prejudice to such review as is necessary in the...
Measures taken in one Contracting State and declared enforceable, or...
On a request made with supporting reasons by the Central...
In any case where the child is exposed to a...
An authority shall not request or transmit any information under...
Any Contracting State may enter into agreements with one or...
Personal data gathered or transmitted under the Convention shall be...
The authorities to whom information is transmitted shall ensure its...
All documents forwarded or delivered under this Convention shall be...
Each Contracting State may designate the authorities to which requests...
A Contracting State in which different systems of law or...
In relation to a State in which two or more...
For the purpose of identifying the applicable law under Chapter...
For the purpose of identifying the applicable law under Chapter...
This Convention shall not affect the application of the Convention...
In relations between the Contracting States this Convention replaces the...
The Secretary General of the Hague Conference on Private International...
The depositary shall notify the States Members of the Hague...
In witness whereof the undersigned, being duly authorised thereto, have...
Done at The Hague, on the 19th day of October...
Declarations made by the United Kingdom in relation to the 1996 Hague Convention
PART 1 Declaration concerning applicable territorial units
In accordance with Article 29, paragraph 2, of the Convention,...
PART 2 Declaration concerning communication of requests under paragraph 1 of Article 34
In accordance with Article 34, paragraph 2, of the Convention,...
PART 3 Declaration concerning the use of French
In accordance with Article 54, paragraph 2, of the Convention,...
Text of the 2005 Hague Convention
Convention on Choice of Court Agreements
(Concluded 30 June 2005)
The States Parties to the present Convention,
Desiring to promote international trade and investment through enhanced judicial...
Believing that such co-operation can be enhanced by uniform rules...
Believing that such enhanced co-operation requires in particular an international...
Have resolved to conclude this Convention and have agreed upon...
CHAPTER I SCOPE AND DEFINITIONS
Article 2 Exclusions from scope
1.This Convention shall not apply to exclusive choice of court...
3.Notwithstanding paragraph 2, proceedings are not excluded from the scope...
4.This Convention shall not apply to arbitration and related proceedings....
5.Proceedings are not excluded from the scope of this Convention...
6.Nothing in this Convention shall affect privileges and immunities of...
Article 3 Exclusive choice of court agreements
For the purposes of this Convention— (a) “ exclusive choice...
Article 6 Obligations of a court not chosen
A court of a Contracting State other than that of...
Article 7 Interim measures of protection
Interim measures of protection are not governed by this Convention....
CHAPTER III RECOGNITION AND ENFORCEMENT
Article 9 Refusal of recognition or enforcement
Recognition or enforcement may be refused if—
Article 12 Judicial settlements (transactions judiciaires)
Judicial settlements ( transactions judiciaires ) which a court of...
The procedure for recognition, declaration of enforceability or registration for...
Recognition or enforcement of a severable part of a judgment...
All documents forwarded or delivered under this Convention shall be...
Article 19 Declarations limiting jurisdiction
A State may declare that its courts may refuse to...
Article 20 Declarations limiting recognition and enforcement
A State may declare that its courts may refuse to...
Article 22 Reciprocal declarations on non-exclusive choice of court agreements
Article 23 Uniform interpretation
In the interpretation of this Convention, regard shall be had...
Article 24 Review of operation of the Convention
The Secretary General of the Hague Conference on Private International...
Article 26 Relationship with other international instruments
1.This Convention shall be interpreted so far as possible to...
2.This Convention shall not affect the application by a Contracting...
3.This Convention shall not affect the application by a Contracting...
4.This Convention shall not affect the application by a Contracting...
5.This Convention shall not affect the application by a Contracting...
6.This Convention shall not affect the application of the rules...
Article 27 Signature, ratification, acceptance, approval or accession
Article 28 Declarations with respect to non-unified legal systems
Article 30 Accession by a Regional Economic Integration Organisation without its Member States
Article 34 Notifications by the depositary
The depositary shall notify the Members of the Hague Conference...
In witness whereof the undersigned, being duly authorised thereto, have...
Done at The Hague, on 30 June 2005, in the...
DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2005 HAGUE CONVENTION
Text of the 2007 Hague Convention
Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
(Concluded 23 November 2007)
The States signatory to the present Convention,
Desiring to improve co-operation among States for the international recovery...
Aware of the need for procedures which produce results and...
Seeking to take advantage of advances in technologies and to...
Recalling that, in accordance with Articles 3 and 27 of...
Have resolved to conclude this Convention and have agreed upon...
CHAPTER I OBJECT, SCOPE AND DEFINITIONS
The object of the present Convention is to ensure the...
For the purposes of this Convention— (a) “ creditor ”...
CHAPTER II ADMINISTRATIVE CO-OPERATION
Article 5 General functions of Central Authorities
Central Authorities shall— (a) co-operate with each other and promote...
CHAPTER III APPLICATIONS THROUGH CENTRAL AUTHORITIES
Article 9 Application through Central Authorities
An application under this Chapter shall be made through the...
1.The Central Authority of the requesting State shall assist the...
2.The Central Authority of the requesting State shall, when satisfied...
3.The requested Central Authority shall, within six weeks from the...
4.Within three months after the acknowledgement, the requested Central Authority...
5.Requesting and requested Central Authorities shall keep each other informed...
6.Central Authorities shall process a case as quickly as a...
7.Central Authorities shall employ the most rapid and efficient means...
8.A requested Central Authority may refuse to process an application...
9.The requested Central Authority may not reject an application solely...
Article 13 Means of communication
Any application made through Central Authorities of the Contracting States...
Article 14 Effective access to procedures
1.The requested State shall provide applicants with effective access to...
2.To provide such effective access, the requested State shall provide...
3.The requested State shall not be obliged to provide such...
4.Entitlements to free legal assistance shall not be less than...
5.No security, bond or deposit, however described, shall be required...
Article 15 Free legal assistance for child support applications
Article 16 Declaration to permit use of child-centred means test
Article 17 Applications not qualifying under Article 15 or Article 16
In the case of all applications under this Convention other...
CHAPTER V RECOGNITION AND ENFORCEMENT
Article 21 Severability and partial recognition and enforcement
Article 22 Grounds for refusing recognition and enforcement
Recognition and enforcement of a decision may be refused if—...
Article 23 Procedure on an application for recognition and enforcement
1.Subject to the provisions of the Convention, the procedures for...
2.Where an application for recognition and enforcement of a decision...
3.Where the request is made directly to a competent authority...
4.A declaration or registration may be refused only on the...
5.The applicant and the respondent shall be promptly notified of...
9.The applicant and the respondent shall be promptly notified of...
11.In taking any decision on recognition and enforcement, including any...
Article 24 Alternative procedure on an application for recognition and enforcement
1.Notwithstanding Article 23(2) to (11), a State may declare, in...
2.Where an application for recognition and enforcement of a decision...
3.A decision on recognition and enforcement shall be given by...
4.The competent authority may review the grounds for refusing recognition...
5.A refusal of recognition and enforcement may also be founded...
7.In taking any decision on recognition and enforcement, including any...
Article 26 Procedure on an application for recognition
This Chapter shall apply mutatis mutandis to an application for...
Any competent authority of the State addressed shall be bound...
Article 28 No review of the merits
There shall be no review by any competent authority of...
Article 29 Physical presence of the child or the applicant not required
The physical presence of the child or the applicant shall...
Article 30 Maintenance arrangements
1.A maintenance arrangement made in a Contracting State shall be...
3.An application for recognition and enforcement of a maintenance arrangement...
4.Recognition and enforcement of a maintenance arrangement may be refused...
5.The provisions of this Chapter, with the exception of Articles...
6.Proceedings for recognition and enforcement of a maintenance arrangement shall...
7.A State may declare, in accordance with Article 63, that...
8.A Contracting State may, in accordance with Article 62, reserve...
Article 31 Decisions produced by the combined effect of provisional and confirmation orders
Where a decision is produced by the combined effect of...
CHAPTER VI ENFORCEMENT BY THE STATE ADDRESSED
The State addressed shall provide at least the same range...
CHAPTER VIII GENERAL PROVISIONS
Article 38 Protection of personal data
Personal data gathered or transmitted under the Convention shall be...
Any authority processing information shall ensure its confidentiality in accordance...
No legalisation or similar formality may be required in the...
The Central Authority of the requested State may require a...
Article 48 Co-ordination with prior Hague Maintenance Conventions
In relations between the Contracting States, this Convention replaces, subject...
Article 49 Co-ordination with the 1956 New York Convention
In relations between the Contracting States, this Convention replaces the...
Article 50 Relationship with prior Hague Conventions on service of documents and taking of evidence
This Convention does not affect the Hague Convention of 1...
Article 51 Co-ordination of instruments and supplementary agreements
Article 53 Uniform interpretation
In the interpretation of this Convention, regard shall be had...
Article 57 Provision of information concerning laws, procedures and services
Article 58 Signature, ratification and accession
1.The Convention shall be open for signature by the States...
2.It shall be ratified, accepted or approved and the instruments...
3.Any other State or Regional Economic Integration Organisation may accede...
4.The instrument of accession shall be deposited with the depositary....
5.Such accession shall have effect only as regards the relations...
Article 61 Declarations with respect to non-unified legal systems
The depositary shall notify the Members of the Hague Conference...
In witness whereof the undersigned, being duly authorised thereto, have...
Done at The Hague, on the 23rd day of November...
RESERVATIONS AND DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2007 HAGUE CONVENTION
CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK
ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS)
RULES AS TO JURISDICTION IN SCOTLAND
PROCEEDINGS EXCLUDED FROM SCHEDULE 8
1.Proceedings concerning the status or legal capacity of natural persons...
2A.Proceedings relating to parental responsibilities within the meaning of section...
3.Proceedings relating to guardianship of children and all proceedings relating...
4.Proceedings in respect of sequestration in bankruptcy; or the winding...
5.Proceedings relating to a company where, by any enactment, jurisdiction...
6.Admiralty actions in so far as the jurisdiction is based...
8.Proceedings for the rectification of the register of aircraft mortgages...
9.Proceedings under section 7(3) of the Civil Aviation (Eurocontrol) Act...
10.Proceedings brought in pursuance of an order under section 11...
11.Proceedings under section 6 of the Protection of Trading Interests...
13.Proceedings which are not in substance proceedings in which a...
AMENDMENTS OF FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933
MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS
PART III RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
8.The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as...
9.In section 2 (transmission of United Kingdom order for enforcement...
10.In section 6 (registration in United Kingdom of order in...
11.In section 8(5) (duty of magistrates’ court and its officers...
12.In section 9 (variation and revocation of orders), after subsection...
13.(1) Section 10 (cancellation of registration and transfer of orders)...
15.In section 21(1) (interpretation of Part I), in the definition...
17.In section 40 (power to apply Act with modifications by...
18.In section 47 (interpretation), in subsection (3) (construction of references...
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