Search Legislation

Civil Jurisdiction and Judgments Act 1982

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 20

 Help about opening options

Changes to legislation:

Civil Jurisdiction and Judgments Act 1982, Section 20 is up to date with all changes known to be in force on or before 24 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

20 Rules as to jurisdiction in Scotland.U.K.

(1)Subject to F1... Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.

(2)Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.

(3)[F2Section 43 of the Courts Reform (Scotland) Act 2014 does not apply—]

[F3(a)]F4...in relation to any matter to which Schedule 8 applies.F5...

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 F7 . . .—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F8or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F9or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), [F10the expert reports relating to the 1968 Convention] may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

[F11(6)The requirement in subsection (5)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.]

Textual Amendments

F3Words in s. 20(3) renumbered as s. 20(3)(a) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 4(a)

F6S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)

F7Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)

F8Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)

F9Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)

Back to top

Options/Help