The Civil Procedure (Amendment No. 5) Rules 2001

Amendments to the Civil Procedure Rules 1998

14.  In rule 12.11—

(a) in paragraph (4), for sub-paragraph (a) substitute—

“(a) the claim under the Civil Jurisdiction and Judgments Act 1982 or the Judgments Regulation, was served in accordance with rules 6.19(1) or 6.19(1A) as appropriate;”; and

(b) in paragraph (6)—

(i) for sub-paragraph (a) substitute—

“(a) “domicile” is to be determined—

(i) in relation to a Convention territory, in accordance with sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982;

(ii) in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;”;

(ii) at the end of sub-paragraph (c), delete “and”; and

(iii) after sub-paragraph (d), insert—

“(e) “the Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and

(f) “Regulation State” has the same meaning as “Member State” in the Judgments Regulation, that is all Member States except Denmark.”

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