Civil Jurisdiction and Judgments Act 1982

Changes over time for: Section 27

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Civil Jurisdiction and Judgments Act 1982, Section 27 is up to date with all changes known to be in force on or before 27 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.

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Sch. 8 rule 2(g) words substituted by 2024 asp 2 Sch. 1 para. 15

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Sch. 8 rule 2(g) words substituted by 2024 asp 2 Sch. 1 para. 15

27 Provisional and protective measures in Scotland in the absence of substantive proceedings.U.K.

(1)The Court of Session may, in any case to which this subsection applies—

(a)subject to subsection (2)(c), grant a warrant for the arrestment of any assets situated in Scotland;

(b)subject to subsection (2)(c), grant a warrant of inhibition over any property situated in Scotland;

[F1(ba)subject to subsection (2)(c) below, grant a warrant for the interim attachment of corporeal moveable property situated in Scotland;] and

(c)grant interim interdict.

(2)Subsection (1) applies to any case in which—

(a)proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, F2... F3... [F4, in another 2005 Hague Convention State] or in England and Wales or Northern Ireland;

[F5(b)the subject-matter of the proceedings F6...[F7 is within scope of]F8...[F9is within the scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention]; and]

(c)in relation to paragraphs (a) [F10, (b) and (ba)] of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court;

but it shall not be necessary, in determining whether proceedings have been commenced for the purpose of paragraph (a) of this subsection, to show that any document has been served on or notice given to the defender.

(3)Her Majesty may by Order in Council confer on the Court of Session power to do anything mentioned in subsection (1) or in section 28 in relation to proceedings of any of the following descriptions, namely—

(a)proceedings commenced otherwise than in F11... F12...[F13 a 2005 Hague Convention State];

(b)proceedings whose subject-matter is not within the scope of F14... F15...[F16 the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention];

(c)arbitration proceedings;

(d)in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in F17..., F18...[F19or a 2005 Hague Convention State].

(4)An Order in Council under subsection (3)—

(a)may confer power to do only certain of the things mentioned in subsection (1) or in section 28;

(b)may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

(c)may impose conditions or restrictions on the exercise of any power conferred by the Order.

(5)Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1S. 27(1)(ba) inserted (S.) (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), sch. 5 para. 12(a) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 1 para. 2 (with arts. 4-7, 10, 15)