http://www.legislation.gov.uk/ukpga/1982/27/2016-01-01

Civil Jurisdiction and Judgments Act 1982

An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes.

1982-08-01

text

text/xml

Statute Law Database

2024-07-15

Expert Participation

2016-01-01

Civil Jurisdiction and Judgments Act 1982

s. 1 cross-heading

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

reg. 5

reg. 92-95

reg. 1(1)

Civil Jurisdiction and Judgments Act 1982

s. 4 cross-heading

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

reg. 9

reg. 92-95

reg. 1(1)

Civil Jurisdiction and Judgments Act 1982

s. 15(3)

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

reg. 25(4)

reg. 92-95

reg. 1(1)

Civil Jurisdiction and Judgments Act 1982

s. 15C(2)(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

reg. 2(a)

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 15C(2)(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

reg. 2(b)

reg. 1

Civil Jurisdiction and Judgments Act 1982

Sch. 8

para. 2(e)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

reg. 3(3)(d)

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 50

The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015

Sch.

para. 11(3)

art. 1(11)(k)

Civil Jurisdiction and Judgments Act 1982

Sch. 8

rule 2(g)

Trusts and Succession (Scotland) Act 2024

Sch. 1

para. 15

s. 88(3)

Civil Jurisdiction and Judgments Act 1982

s. 41

Digital Markets, Competition and Consumers Act 2024

s. 173(5)

s. 179

Sch. 19

s. 339(1)

Civil Jurisdiction and Judgments Act 1982

Act

The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

reg. 8

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 24(1)(c)

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

reg. 8(a)

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 24(2)(c)

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

reg. 8(b)

reg. 1

Civil Jurisdiction and Judgments Act 1982

1982 c. 27

C1An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes.

[13th July 1982]

Annotations:

Modifications etc. (not altering text)

Act: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 8 (with arts. 28-31)

Part I Implementation of the Conventions

Main implementing provisions

1 Interpretation of references to the Conventions and Contracting States.

1

In this Act—

“the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;
“the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;
“the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;
F1“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;
F2 “the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989
F3“the 1996 Accession Convention" means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,
F311“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague;
F250“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;
F4F5 “the Brussels Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention F6, the 1989 Accession Convention and the 1996 Accession Convention.
F7“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30^th October 2007 M1.
F8“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;
F295“the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);

2

In this Act, unless the context otherwise requires—

F9a

references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention F10, the 1989 Accession Convention and the 1996 Accession Convention; and

aa

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12b

any reference in any provision to a numbered Article without more is a reference—

i

to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

ii

to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.

F133

In this Act—

F312“2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;
F251“2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;
“Contracting State”, without more, in any provision means—
1. a
  in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; F313...
2. b
  in the application of the provision in relation to the Lugano Convention, a F14State bound by the Lugano Convention; F314and
3. c
  F315in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;
F15“Brussels Contracting State” means a state which is one of the original parties to the 1968 Convention or one of the parties acceding to that Convention under the Accession Convention, or under the 1982 Accession Convention, or under the 1989 Accession Convention, but only with respect to any territory–
1. a
  to which the Brussels Conventions apply; and
2. b
  which is excluded from the scope of the Regulation pursuant to F259Articles 349 and 355 of the Treaty on the Functioning of the European Union;
F16“Maintenance Regulation State”, in any provision, in the application of that provision in relation to the Maintenance Regulation means a Member State;
F17“State bound by the Lugano Convention”in any provision, in the application of that provision in relation to the Lugano Convention has the same meaning as in Article 1(3) of that Convention
F18“Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State.

4

Any question arising as to whether it is the Regulation, any of F316the Brussels Conventions, the Lugano Convention, or the 2005 Hague Convention which applies in the circumstances of a particular case shall be determined as follows—

a

in accordance with F19Article 64 of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); F317...

b

in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation) F318; and

F319c

in accordance with Article 26 of the 2005 Hague Convention (which determines the relationship between the Brussels Conventions, the Lugano Convention, the Regulation and the 2005 Hague Convention).

2 The F20Brussels Conventions to have the force of law.

1

The F20Brussels Conventions shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.

F212

For convenience of reference there are set out in Schedules 1, 2, 3, 3A F22, 3B and 3C respectively the English texts of—

a

the 1968 Convention as amended by Titles II and III of the Accession Convention and by Titles II and III of the 1982 Accession Convention F23. . . by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention F24and by Titles II and III of the 1996 Accession Convention;

b

the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention F23. . . by Title IV of the 1989 Accession Convention F25and by Title IV of the 1996 Accession Convention;

c

Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

d

Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

e

Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

F26f

Titles V and VI of the 1996 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention F27, in Article 34 of the 1989 Accession Convention and in Article 18 of the 1996 Accession Convention.

3 Interpretation of the F28Brussels Conventions.

1

Any question as to the meaning or effect of any provision of the F28Brussels Conventions shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.

2

Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.

3

Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely—

a

the M2reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

b

the M3report by Professor Peter Schlosser on the Accession Convention F29; and

c

the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession ConventionF30; and

d

the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention,

may be considered in ascertaining the meaning or effect of any provision of the F28Brussels Conventions and shall be given such weight as is appropriate in the circumstances.

3A The Lugano Convention to have the force of law.

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3B Interpretation of the Lugano Convention.

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to recognition and enforcement of judgments

C24 Enforcement of judgments other than maintenance orders.

a

in England and Wales or Northern Ireland, the High Court;

b

in Scotland, the Court of Session.

3

A judgment which is required to be recognised and enforced under the 2005 Hague Convention must be registered without delay on completion of the formalities in Article 13 of the 2005 Hague Convention if the registering court considers that it meets the condition for recognition in Article 8(3) of the 2005 Hague Convention, without any review of whether a ground for refusal under Article 9 applies.

4

The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

5

Where a judgment which is required to be recognised and enforced under the 2005 Hague Convention has been registered, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

6

A judgment which is required to be recognised and enforced under the 2005 Hague Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

7

Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.

C45 Recognition and enforcement of maintenance orders.

C51

The function of transmitting to the appropriate court an application under Article 31 F35of the 1968 Convention F36. . . for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged—

F37a

as respects England and Wales F38. . . , by the Lord Chancellor; and

b

as respects Scotland, by the Secretary of StateF39; and

c

as respects Northern Ireland, by the Department of Justice in Northern Ireland.

In this subsection “the appropriate court” means the magistrates’ court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32 F265but, if the appropriate court is a magistrates' court in England and Wales, the Lord Chancellor is to transmit the application to the family court.

2

Such an application shall be determined in the first instance by the prescribed F266officer—

a

of the family court if the application is transmitted to that court, or

b

in any other case, of the court having jurisdiction in the matter.

3

Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.

4

A maintenance order registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been originally made by the registering court.

5

Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.

F2695A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2695B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2695C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

A maintenance order which by virtue of this section is enforceable by a magistrates’ court in F40England and Wales or Northern Ireland F41shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (6A) below, be enforceableF42as an order made by that court to which that article applies.

F436A

Article 98 (enforcement of sums adjudged to be paid) shall have effect—

a

as if for paragraph (7)(a) there were substituted the following paragraph—

a
“if the court is of the opinion that it is appropriate—
i
to make an attachment of earnings order; or
ii
to exercise its power under paragraph (8C)(b);

b

as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

8B
Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).
8C
The powers mentioned in paragraph (8B) are—
a
the power to order that payments under the order be made directly to the collecting officer;
b
the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;
c
the power to make an attachment of earnings order under Part IX to secure payments under the order.
8D
In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).
8E
Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—
a
the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and

7

The payer under a maintenance order registered under this section in a magistrates’ court in F267... Northern Ireland shall give notice of any change of address to the F44proper officer of that court.

A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding F45level 2 on the standard scale.

F468

In subsection (7) “proper officer” means—

F268a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in relation to a magistrates’ court in Northern Ireland, the clerk of the court.

C65AF59Recognition and enforcement of maintenance orders under the Lugano Convention

1

The Secretary of State's function (under Article 39 and Annex II of the Lugano Convention) of transmitting to the appropriate court an application for the recognition or enforcement in the United Kingdom of a maintenance order (made under Article 38 of the Lugano Convention) shall be discharged—

a

as respects England and WalesF47. . . , by the Lord Chancellor; and

b

as respects Scotland, by the Scottish Ministers F48; and

c

as respects Northern Ireland, by the Department of Justice in Northern Ireland.

In this subsection “the appropriate court” means the magistrates' court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 39 F270but, if the appropriate court is a magistrates' court in England and Wales, the Lord Chancellor is to transmit the application to the family court.

2

Such an application shall be determined in the first instance by the prescribed F271officer—

a

of the family court if the application is transmitted to that court, or

b

in any other case, of

the court having jurisdiction in the matter.

3

A maintenance order registered under the Lugano Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been made by the registering court.

4

Subsection (3) is subject to Article 47 of the Lugano Convention (restriction on enforcement where appeal pending or time for appeal unexpired), to subsection (6) and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under the Lugano Convention may be enforced.

F2725

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this subsection “magistrates' court maintenance order” has the same meaning as in section 150(1) of the Magistrates' Courts Act 1980.

6

A maintenance order which by virtue of the Lugano Convention is enforceable by a magistrates' court in Northern Ireland shall, subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 specified in section 5(6A) of this Act, be enforceable as an order made by that court to which that Article applies.

7

The payer under a maintenance order registered under the Lugano Convention in a magistrates' court in F273... Northern Ireland shall give notice of any change of address to the proper officer of that court.

8

A person who without reasonable excuse fails to comply with subsection (7) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

9

In subsection (7) “proper officer” means—

F274a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in relation to a magistrates' court in Northern Ireland, the clerk of the court.

6 Appeals under Article 37, second paragraph and Article 41.

C71

The single further appeal on a point of law referred to F49in the 1968 Convention F50. . . in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

a

in England and Wales or Northern Ireland, to the Court of Appeal or to the F51Supreme Court in accordance with Part II of the M4Administration of Justice Act 1969 (appeals direct from the High Court to the F51Supreme Court);

b

in Scotland, to the Inner House of the Court of Session.

C72

Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to F52the Supreme Court in cases where no appeal to F52the Supreme Court lies from a decision of the Court of Appeal).

C83

The single further appeal on a point of law referred to F53in F54the 1968 Convention in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a maintenance order lies—

F275a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in Scotland, to the Inner House of the Court of Session;

c

in Northern Ireland, to the Court of Appeal.

C96AF60Appeals under Article 44 and Annex IV of the Lugano Convention

1

The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

a

in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);

b

in Scotland, to the Inner House of the Court of Session.

2

Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that House lies from a decision of the Court of Appeal).

3

The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a maintenance order lies—

F276a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in Scotland, to the Inner House of the Court of Session;

c

in Northern Ireland, to the Court of Appeal.

C466BF309Appeals in relation to registration of judgments under the 2005 Hague Convention

1

b

in Scotland, to the Inner House of the Court of Session.

5

Paragraph (a) of subsection (4) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that Court lies from a decision of the Court of Appeal).

C10 C11 C427 Interest on registered judgments.

1

Subject to subsection (4), where in connection with an application for registration of a judgment under section F554, 4A, F3204B, 5 or 5A the applicant shows—

a

that the judgment provides for the payment of a sum of money; and

b

that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, apart from section 4(2), from the registration of the judgment shall carry interest in accordance with the registered particulars.

2

Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

3

Costs or expenses recoverable by virtue of section 4(2) shall carry interest as if they were the subject of an order for the payment of costs or expenses made by the registering court on the date of registration.

4

Interest on arrears of sums payable under a maintenance order registered under section 5 in a magistrates’ court in F277... Northern Ireland shall not be recoverable in that court, but without prejudice to the operation in relation to any such order of F278... section 11A of the M5Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (which F279enables interest to be recovered if the order is re-registered for enforcement in the High Court).

5

Except as mentioned in subsection (4), debts under judgments registered under section F564, 4A, F3214B, 5 or 5A shall carry interest only as provided by this section.

C12 C138 Currency of payment under registered maintenance orders.

1

Sums payable in the United Kingdom under a maintenance order by virtue of its registration under section 5 F57or 5A, including any arrears so payable, shall be paid in the currency of the United Kingdom.

2

Where the order is expressed in any other currency, the amounts shall be converted on the basis of the exchange rate prevailing on the date of registration of the order.

3

For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be evidence, and in Scotland sufficient evidence, of the facts stated.

Other supplementary provisions

9 Provisions supplementary to Title VII of 1968 Convention.

1

The provisions of Title VII of the 1968 Convention and, apart from F61Article 64, of Title VII of the Lugano Convention F322and Article 26 of the 2005 Hague Convention (relationship between F62the Convention in question and other conventions to which Contracting States are or may become parties) shall have effect in relation to—

a

any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

b

any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

F631A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F642

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.

1

The provisions of this section have effect for the purpose of allocating within the United Kingdom jurisdiction in certain proceedings in respect of which the 1968 Convention F65or the Lugano Convention confers jurisdiction on the courts of the United Kingdom generally and to which section 16 does not apply.

2

Any proceedings which by virtue of Article 5(6) (trusts) are brought in the United Kingdom shall be brought in the courts of the part of the United Kingdom in which the trust is domiciled.

3

Any proceedings which by virtue of the first paragraph of Article 14 F66of the 1968 Convention or Article 16(1) of the Lugano Convention (consumer contracts) are brought in the United Kingdom by a consumer on the ground that he is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.

C1411 Proof and admissibility of certain judgments and related documents.

1

For the purposes of the 1968 Convention F67. . . —

a

a document, duly authenticated, which purports to be a copy of a judgment given by a court of a Contracting State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

b

the original or a copy of any such document as is mentioned in Article 46(2) or 47 (supporting documents to be produced by a party seeking recognition or enforcement of a judgment) shall be evidence, and in Scotland sufficient evidence, of any matter to which it relates.

2

A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

a

to bear the seal of that court; or

b

to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court.

3

Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.

C1511AF76Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention

1

For the purposes of the Lugano Convention—

a

a document, duly authenticated, which purports to be a copy of a judgment given by a court of a State bound by the Lugano Convention other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

b

a certificate obtained in accordance with Article 54 and Annex V shall be evidence, and in Scotland sufficient evidence, that the judgment is enforceable in the State of origin which is bound by the Lugano Convention.

2

A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

a

to bear the seal of that court; or

b

to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court.

3

Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.

a copy of the judgment; and

b

a certificate giving particulars relating to the judgment and the proceedings in which it was given.

13 Modifications to cover authentic instruments and court settlements.

“judgment” has the meaning given by Article 25 F72of the 1968 Convention or, as the case may be, Article 32 of the Lugano ConventionF324or Article 4(1) of the 2005 Hague Convention;
“maintenance order” means a maintenance judgment within the meaning of the 1968 Convention F73or, as the case may be, the Lugano Convention;
“payer”, in relation to a maintenance order, means the person liable to make payments for which the order provides;
“prescribed” means prescribed by rules of court.

C172

References in this Part to a judgment registered under F74sections 4, 4A, F3254B, 5 or 5A include, to the extent of its registration, references to a judgment so registered to a limited extent only.

C173

Anything authorised or required by the 1968 Convention F75the Lugano Convention or this Part to be done by, to or before a particular magistrates’ court F280in Northern Ireland may be done by, to or before any magistrates’ court acting F281for the same petty sessions district as that court.

X14

The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

Part II Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

16 Allocation within U.K. of jurisdiction in certain civil proceedings.

1

The provisions set out in Schedule 4 (which contains a modified version of F77Chapter II of the Regulation) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where—

F78a

the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation has effect in relation to the proceedings); and

b

the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in F79F296Article 24 of the Regulation (exclusive jurisdiction regardless of domicile).

F802

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In determining any question as to the meaning or effect of any provision contained in Schedule 4—

a

regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention F81or 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 F82or that Chapter; and

b

without prejudice to the generality of paragraph (a), the reports mentioned in section 3(3) may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

4

The provisions of this section and Schedule 4 shall have effect subject to F83the Regulation F84, Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the 1968 ConventionF326, the Lugano Convention and the 2005 Hague Convention and to the provisions of section 17.

X25

In section 15(1)(a) of the M6Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—

vi
Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 ; or

17 Exclusion of certain proceedings from Schedule 4.

C181

Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

2

Her Majesty may by Order in Council—

a

add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and

b

remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection).

3

An Order in Council under subsection (2)—

a

may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and

b

may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

4

An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

C19 C34 C35 C36 C4318 Enforcement of U.K. judgments in other parts of U.K.

1

In relation to any judgment to which this section applies—

a

Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

b

Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

2

In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

a

any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

b

any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or F283the county court;

c

any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

d

any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

e

an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

F85f

an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation F305... within the F304meaning given by section 341 of that Act;

F303g

and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.

6

The following are within subsection (5)(b), but without prejudice to the generality of that provision—

a

a decree of judicial separation or of separation;

F93b

any order which is a Part I order for the purposes of The Family Law Act 1986.

F3026A

In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful conduct” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002—

a

a property freezing order or prohibitory property order;

b

an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order);

c

an interim receiving order or interim administration order.

F307d

an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order).

C20 C217

This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the M11Administration of Justice Act 1920, Part I of the M12Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the M13Maintenance Orders (Reciprocal Enforcement) Act 1972 F262, the International Recovery of Maintenance (Hague Convention 2007) Regulations 2012 or section 4 or 5 of this Act F94or by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.

8

A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.

19 Recognition of U.K. judgments in other parts of U.K.

4

An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

22 Supplementary provisions.

1

Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground offorum non conveniens.

the proceedings involve a reference of any matter relating to the Maintenance Regulation to the European Court under Article 267 of the Treaty on the Functioning of the European Union M16.

2

Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where—

a

the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them; or

b

the proceedings involve the reference of a matter to the European Court under the 1971 Protocol F104; or

c

the proceedings involve a reference of any matter relating to the Regulation or the Lugano Convention F328or the 2005 Hague Convention to the European Court under F261Article 267 of the Treaty on the Functioning of the European UnionF105; or

d

the proceedings involve a reference of any matter relating to the Maintenance Regulation to the European Court under Article 267 of the Treaty on the Functioning of the European Union.

3

Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section.

a warrant for the arrest of property; or

b

provision for obtaining evidence.

26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.

1

Where in England and Wales or Northern Ireland a court stays or dismisses Admiralty proceedings on the ground that the dispute in question should be submitted F112 . . . to the determination of the courts of another part of the United Kingdom or of an overseas country, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—

a

order that the property arrested be retained as security for the satisfaction of any award or judgment which—

i

is given in respect of the dispute in the F113 . . . legal proceedings in favour of which those proceedings are stayed or dismissed; and

ii

is enforceable in England and Wales or, as the case may be, in Northern Ireland; or

b

order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award or judgment.

2

Where a court makes an order under subsection (1), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant F114 . . . legal proceedings.

3

Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order made by a court under subsection (1) as would apply if it were held for the purposes of proceedings in that court.

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

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;

F115ba

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, in another F116Brussels or Lugano Contracting StateF117, in another Regulation State, in another Maintenance Regulation State F334, in another 2005 Hague Convention State or in England and Wales or Northern Ireland;

F118b

the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation F335, is within scope of the Maintenance Regulation as determined by Article 1 of that Regulation F336or is 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) F119, (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 a F116Brussels F337, Lugano Contracting StateF120, Regulation State or Maintenance Regulation StateF338or a 2005 Hague Convention State;

b

proceedings whose subject-matter is not within the scope of the Regulation as determined by Article 1 of the Regulation or the Maintenance Regulation as determined by Article 1 of that Regulation F339or 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 a F116Brussels or Lugano Contracting State, Regulation State F340, Maintenance Regulation StateF341or 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

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.

28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.

F1211

When any proceedings have been brought, or are likely to be brought, in another F122Brussels or Lugano Contracting State, in a Regulation State F342, in a 2005 Hague Convention State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the F123Regulation as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the M17Administration of Justice (Scotland) Act 1972 F124as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as if the proceedings in question had been brought, or were likely to be brought, in that court.

F1252

When any proceedings have been brought or are likely to be brought in another Maintenance Regulation State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation, the Court of Session has the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 as if the proceedings in question had been brought, or were likely to be brought, in that court.

29 Service of county court process outside Northern Ireland.

The County Court Rules Committee established by Article 46 of the M18County Courts (Northern Ireland) Order 1980 may make county court rules with respect to the service of process outside Northern Ireland and the conditions subject to which process may be so served; and accordingly in Article 48 of that Order (powers of Rules Committee), after paragraph (e) there shall be added—

f
the service of process outside Northern Ireland, and the conditions subject to which process may be so served.

30 Proceedings in England and Wales or Northern Ireland for torts to immovable property.

1

The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property.

2

Subsection (1) has effect subject to the 1968 Convention F126and the Lugano ConventionF127and the Regulation and to the provisions set out in Schedule 4.

Provisions relating to recognition and enforcement of judgments

31 Overseas judgments given against states, etc.

1

A judgement given by a court of an overseas country against a state other than the United Kingdom or the state to which that court belongs shall be recognised and enforced in the United Kingdom if, and only if—

a

it would be so recognised and enforced if it had not been given against a state; and

b

that court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the United Kingdom in accordance with sections 2 to 11 of the M19State Immunity Act 1978.

2

References in subsection (1) to a judgment given against a state include references to judgments of any of the following descriptions given in relation to a state—

a

judgments against the government, or a department of the government, of the state but not (except as mentioned in paragraph (c)) judgments against an entity which is distinct from the executive organs of government;

b

judgments against the sovereign or head of state in his public capacity;

c

judgments against any such separate entity as is mentioned in paragraph (a) given in proceedings relating to anything done by it in the exercise of the sovereign authority of the state.

3

Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of a judgment to which Part I of the M20Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M21Carriage of Goods by Road Act 1965, section 17(4) of the M22Nuclear Installations Act 1965, section F128166(4) of the Merchant Shipping Act 1995, F129regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005F130. . . .

4

Sections 12, 13 and 14(3) and (4) of the State Immunity Act 1978 (service of process and procedural privileges) shall apply to proceedings for the recognition or enforcement in the United Kingdom of a judgment given by a court of an overseas country (whether or not that judgment is within subsection (1) of this section) as they apply to other proceedings.

5

In this section “state", in the case of a federal state, includes any of its constituent territories.

32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes.

1

Subject to the following provisions of this section, a judgment given by a court of an overseas country in any proceedings shall not be recognised or enforced in the United Kingdom if—

a

the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and

b

those proceedings were not brought in that court by, or with the agreement of, the person against whom the judgment was given; and

c

that person did not counterclaim in the proceedings or otherwise submit to the jurisdiction of that court.

2

Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.

3

In determining whether a judgment given by a court of an overseas country should be recognised or enforced in the United Kingdom, a court in the United Kingdom shall not be bound by any decision of the overseas court relating to any of the matters mentioned in subsection (1) or (2).

4

Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of—

a

a judgment which is required to be recognised or enforced there under F343the 2005 Hague Convention, the 1968 Convention F131or the Lugano ConventionF132or the RegulationF133or the Maintenance RegulationF264or the 2007 Hague Convention;

b

a judgment to which Part I of the M23Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M24Carriage of Goods by Road Act 1965, section 17(4) of the M25Nuclear Installations Act 1965, F134 . . . F135regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005F136. . . or F137section 177(4) of the Merchant Shipping Act 1995.

33 Certain steps not to amount to submission to jurisdiction of overseas court.

1

For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following purposes, namely—

a

to contest the jurisdiction of the court;

b

to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;

c

to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.

2

Nothing in this section shall affect the recognition or enforcement in England and Wales or Northern Ireland of a judgment which is required to be recognised or enforced there under the 1968 Convention F138or the Lugano ConventionF139or the RegulationF140or the Maintenance RegulationF263or the 2007 Hague ConventionF344or the 2005 Hague Convention.

34 Certain judgments a bar to further proceedings on the same cause of action.

No proceedings may be brought by a person in England and Wales or Northern Ireland on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court in another part of the United Kingdom or in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in England and Wales or, as the case may be, in Northern Ireland.

35 Minor amendments relating to overseas judgments.

1

The M26Foreign Judgments (Reciprocal Enforcement) Act 1933 shall have effect with the amendments specified in Schedule 10, being amendments whose main purpose is to enable Part I of that Act to be applied to judgments of courts other than superior courts, to judgments providing for interim payments and to certain arbitration awards.

X42

For section 10 of the M27Administration of Justice Act 1920 (issue of certificates of judgments obtained in the United Kingdom) there shall be substituted—

10
1
Where—
a
a judgement has been obtained in the High Court in England or Northern Ireland, or in the Court of Session in Scotland, against any person ; and
b
the judgments creditor wishes to secure the enforcement of the judgement in a part of Her Majesty’s dominions outside the United Kingdom to which this Part of this Act extends,
the court shall, on an application made by the judgement creditor, issue to him a certified copy of the judgement.
2
The reference in the preceding subsection to Her Majesty’s dominions shall be construed as if that subsection had come into force in its present form at the commencement of this Act.

X43

In section 14 of the M28Administration of Justice Act 1920 (extent of Part II of that Act), after subsection (2) there shall be inserted—

3
Her Majesty may by Order in Council under this section consolidate any Orders in Council under this section which are in force when the consolidating Order is made.

36 Registration of maintenance orders in Northern Ireland.

1

Where—

a

a High Court order or a Court of Session order has been registered in the High Court of Justice in Northern Ireland (“the Northern Ireland High Court”) under Part II of the M29Maintenance Orders Act 1950; or

b

a F284family court order or a sheriff court order has been registered in a court of summary jurisdiction in Northern Ireland under that Part,

an application may be made to the original court for the registration of the order in, respectively, a court of summary jurisdiction in Northern Ireland or the Northern Ireland High Court.

2

In subsection (1) “the original court”, in relation to an order, means the court by which the order was made.

3

Section 2 (except subsection (6A)) and section 2A of the M30Maintenance Orders Act 1958 shall have effect for the purposes of an application under subsection (1), and subsections (2), (3), (4) and (4A) of section 5 of that Act shall have effect for the purposes of the cancellation of a registration made on such an application, as if—

a

“registration” in those provisions included registration in the appropriate Northern Ireland court (“registered” being construed accordingly);

b

any reference in those provisions to a High Court order or a magistrates’ court order included, respectively, a Court of Session order or a sheriff court order; and

c

any other reference in those provisions to the High Court or a magistrates’ court included the Northern Ireland High Court or a court of summary jurisdiction in Northern Ireland;

F141d

for section 2(6), there were substituted the following subsections—

6
Where a magistrates’ court order is registered under this Part of this Act in the High Court, then—
a
if payments under the magistrates’ court order are required to be made (otherwise than to a collecting officer) by any method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.), any order requiring payment by that method shall continue to have effect after registration;
b
any order by virtue of which sums payable under the magistrates’ court order are required to be paid to the collecting officer (whether or not by any method of payment falling within Article 85(7) of that Order) on behalf of the person entitled thereto shall cease to have effect.
6ZA
Where a High Court or county court order is registered under this Part of this Act in a magistrates’ court, then—
a
if a means of payment order (within the meaning of Article 96A(7) of the Judgments Enforcement (Northern Ireland) Order 1981) has effect in relation to the order in question, it shall continue to have effect after registration; and
b
in any other case, the magistrates’ court shall order that all payments to be made under the order in question (including any arrears accrued before registration) shall be made to the collecting officer.
6ZB
Any such order as to payment—
a
as is referred to in paragraph (a) of subsection (6) of this section may be revoked, suspended, revived or varied by an exercise of the powers conferred by section 13A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966; and
b
as is referred to in paragraph (a) or (b) of subsection (6ZA) of this section may be varied or revoked by an exercise of the powers conferred by section 12(2) or 13(2A) or (5A) of that Act of 1966.
6ZC
Where by virtue of the provisions of this section or any order under subsection (6ZA)(b) of this section payments under an order cease to be or become payable to the collecting officer, the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.
6ZD
In subsections (6), (6ZA) and (6ZC) of this section “collecting officer” means the officer mentioned in Article 85(4) of the Magistrates’ Courts (Northern Ireland) Order 1981.

4

Where an order is registered in Northern Ireland under this section, Part II of the M31Maintenance and Affiliation Orders Act (Northern Ireland) 1966, except sections 11, 11A and 14(2) and (3), shall apply as if the order had been registered in accordance with the provisions of that Part F142, as if—

a

in section 12(2), for modifications of Article 98(8B) to (8D) of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in that subsection there were substituted the modifications specified in section 18(3ZA) of the Maintenance Orders Act 1950 (enforcement of registered orders); and

b

for section 13(5A), there were substituted the following subsection—

“
Subject to the following provisions of this section, paragraphs (4) to (11) of Article 86 of the Magistrates’ Courts (Northern Ireland) Order 1981 (power of clerk and court to vary maintenance orders) shall apply in relation to a registered order as they apply in relation to a maintenance order made by a court of summary jurisdiction (disregarding Article 25(2) of the Domestic Proceedings (Northern Ireland) Order 1980) but—
a
as if for paragraph (4)(b) there were substituted—
b
payments under the order are required to be made to the collecting officer, by any method of payment falling within Article 85(7) (standing order, etc.);
and as if after the words “petty sessions” there were inserted “for the petty sessions district for which the court which made the order acts”;
b
as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (9)”;
c
as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;
d
as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (9)”;
e
as if for paragraphs (9) and (10) there were substituted the following paragraphs—
“
The powers of the court are—
a
the power to order that payments under the order be made directly to the collecting officer;
b
the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;
c
the power to make an attachment of earnings order under Part IX to secure payments under the order.
10
In deciding which of the powers under paragraph (9) above it is to exercise, the court shall have regard to any representations made by the debtor.
10A
Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (9) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—
“
the court proposes to exercise its power under sub-paragraph (b) of Article 86(9)

5

A court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear F143an application by or against a person residing outside Northern Ireland for the discharge or variation of an order registered in Northern Ireland under this section; and where such F143an application is made against a person residing outside Northern Ireland, then, if he resides in England and Wales or Scotland, section 15 of the M32Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to F143the application as it has effect in relation to the proceedings therein mentioned.

F1445A

Article 165 of the Children (Northern Ireland) Order 1995 (provision which may be made by magistrates’ courts rules, etc.) shall apply for the purpose of giving effect to subsection (5) above as it applies for the purpose of giving effect to that Order, except that in the application of that Article by virtue of this subsection “relevant proceedings” means any application made, or proceedings brought, by virtue of that subsection and any part of such proceedings.

X56

The enactments specified in Part III of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this section.

37 Minor amendments relating to maintenance orders.

1

The enactments specified in Schedule 11 shall have effect with the amendments specified there, being amendments whose main purpose is as follows—

Part I—to extend certain enforcement provisions to lump sum maintenance orders;
Part II—to provide for the recovery of interest according to the law of the country of origin in the case of maintenance orders made in other jurisdictions and registered in the High Court;
Part III—to extend the M33Maintenance Orders (Reciprocal Enforcement) Act 1972 to cases where the payer under a maintenance order is not resident within the jurisdiction but has assets there.

F1452

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X638 Overseas judgments counteracting an award of multiple damages.

1

Section 7 of the M34Protection of Trading Interests Act 1980 (which enables provision to be made by Order in Council for the enforcement in the United Kingdom on a reciprocal basis of overseas judgments directed to counteracting a judgement for multiple dammages given in the third country) shall be amended as follows.

2

In subsection (1) for “judgements given under any provision of the law of that country corresponding to that section” there shall be substituted “ judgments of any description specified in the Order which are given under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to a judgement for multiple damages within the meaning of section 5(3) above, whether or not that provision corresponds to section 6 above ”.

3

After subsection (1) there shall be inserted—

1A
Such an Order in Council may, as respects judgments to which it relates—
a
make different provisions for different descriptions of judgments ; and
b
impose conditions or restrictions on the enforcement of judgments of any description.

Jurisdiction, and recognition and enforcement of judgments, as between United Kingdom and certain territories

39 Application of provisions corresponding to 1968 Convention in relation to certain territories.

1

Her Majesty may by Order in Council make provision corresponding to the provision made by the 1968 Convention as between the Contracting States to that Convention, with such modifications as appear to Her Majesty to be appropriate, for regulating, as between the United Kingdom and any of the territories mentioned in subsection (2), the jurisdiction of courts and the recognition and enforcement of judgments.

2

The territories referred to in subsection (1) are—

a

the Isle of Man;

b

any of the Channel Islands;

F146c

Gibraltar;

d

the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the M35Cyprus Act 1960).

F146c

any colony.

3

An Order in Council under this section may contain such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient, including in particular provisions corresponding to or applying any of the provisions of Part I with such modifications as may be specified in the Order.

4

Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Legal aid

40 Power to modify enactments relating to legal aid etc.

F1471

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1482

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V Supplementary and General Provisions

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

7

An individual is domiciled in a state other than a Contracting State if and only if—

a

he is resident in that state; and

b

the nature and circumstances of his residence indicate that he has a substantial connection with that state.

he is resident in that state; and

b

the nature and circumstances of his residence indicate that he has a substantial connection with that state.

an enactment forming part of the law of more than one part of the United Kingdom; or

b

an instrument having effect in the domestic law of more than one part of the United Kingdom,

shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.

6

Subject to subsection (7), a corporation or association has its seat in a Contracting State other than the United Kingdom if and only if—

a

it was incorporated or formed under the law of that state; or

b

its central management and control is exercised in that state.

7

A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if—

a

it has its seat in the United Kingdom by virtue of subsection (2)(a); or

b

it is shown that the courts of that other state would not regard it for the purposes of Article 16(2) as having its seat there.

8

In this section “official address” has the same meaning as in section 42.

it has its seat in the United Kingdom by virtue of subsection (2)(a); or

b

it is shown that the courts of that other state would not regard it for the purposes of Article 22(2) as having its seat there.

44 Persons deemed to be domiciled in the United Kingdom for certain purposes.

1

This section applies to—

a

proceedings within Section 3 of Title II of the 1968 Convention F155. . . (insurance contracts), and

b

proceedings within Section 4 of F156Title II of the 1968 Convention (consumer contracts).

2

A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the 1968 Convention F157. . . to be domiciled in the United Kingdom by virtue of—

a

Article 8, second paragraph (insurers); or

b

Article 13, second paragraph (suppliers of goods, services or credit to consumers),

shall, for the purposes of those proceedings, be treated for the purposes of this Act as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.

44AF165Persons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano Convention

1

This section applies to—

a

proceedings within Section 3 of Title II of the Lugano Convention (insurance contracts);

b

proceedings within Section 4 of Title II of the Lugano Convention (consumer contracts); and

c

proceedings within Section 5 of Title II of the Lugano Convention (employment contracts).

2

A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the Lugano Convention to be domiciled in the United Kingdom by virtue of —

a

Article 9(2) (insurers); or

b

Article 15(2) (suppliers of goods, services or credit to consumers); or

c

Article 18(2) (employers),

shall, for the purposes of those proceedings, be treated as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.

C4045 Domicile of trusts.

1

The following provisions of this section determine, for the purposes of the 1968 Convention F158the Lugano Convention and this Act, where a trust is domiciled.

2

A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.

3

A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.

C4146 Domicile and seat of the Crown.

the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;

e

the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another Contracting State F173, Regulation State F255, Maintenance Regulation State or 2007 Hague Convention State,, or by a judge or official of such a court, which purport—

i

to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or

ii

to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or

iii

to record information relating to the payments made under an order of that court;

f

the circumstances and manner in which F288the family court or a magistrates’ court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;

g

the cases and manner in which courts in other parts of the United Kingdom or in other Contracting States F174, Regulation States F256, Maintenance Regulation States or 2007 Hague Convention States are to be informed of orders made, or other things done, by or for the purposes of F287the family court or a magistrates’ court;

h

the circumstances and manner in which F289the family court or a magistrates’ court may communicate for other purposes with such courts;

i

the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.

4

Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.

49 Saving for powers to stay, sist, strike out or dismiss proceedings.

Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with the 1968 Convention or, as the case may be, the Lugano Convention F346or the 2005 Hague Convention.

General

50 Interpretation: general.

In this Act, unless the context otherwise requires—

F175“the Accession Convention”, F176“the 1982 Accession Convention”, “the 1989 Accession Convention” and “the 1996 Accession Convention” have the meaning given by section 1(1);
“Article” and references to sub-divisions of numbered Articles are to be construed in accordance with section 1(2)(b);
“association” means an unincorporated body of persons;
F177“Brussels Contracting State” has the meaning given by section 1(3);
F177“the Brussels Conventions” has the meaning given by section 1(1);
“Contracting State” has the meaning given by section 1(3);
“the 1968 Convention” has the meaning given by section 1(1), and references to that Convention and to provisions of it are to be construed in accordance with section 1(2)(a);
F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“corporation” means a body corporate, and includes a partnership subsisting under the law of Scotland;
“court”, without more, includes a tribunal;
“court of law”, in relation to the United Kingdom, means any of the following courts, namely—
1. a
  F179the Supreme Court,
2. aa
  F290in England and Wales, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates' court,
3. b
  in F291... Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates’ court,
4. c
  in Scotland, the Court of Session F348, the Sheriff Appeal Court and a sheriff court;
“enactment” includes an enactment comprised in Northern Ireland legislation;
F347“the 2005 Hague Convention” has the meaning given by section 1(1);
“2005 Hague Convention State” has the meaning given by section 1(3);
F258“the 2007 Hague Convention” has the meaning given by section 1(1);
“2007 Hague Convention State” has the meaning given by section 1(3);
“the Crown” is to be construed in accordance with section 51(2);
“judgment”, subject to sections 15(1) and 18(2) and to paragraph 1 of Schedules 6 and 7, means any judgment or order (by whatever name called) given or made by a court in any civil proceedings;
F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the Lugano Convention” has the meaning given by section 1(1);
“magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;
F181“the Maintenance Regulation” has the meaning given by section 1(1);
“Maintenance Regulation State” has the meaning given by section 1(3);
“modifications” includes additions, omissions and alterations;
“overseas country” means any country or territory outside the United Kingdom;
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
“the 1971 Protocol” has the meaning given by section 1(1), and references to that Protocol and to provisions of it are to be construed in accordance with section 1(2)(a);
F182“the Regulation” has the meaning given by section 1(1);
F183“Regulation State” has the meaning given by section 1(3);
“rules of court”, in relation to any court, means rules, orders or regulations made by the authority having power to make rules, orders or regulations regulating the procedure of that court, and includes—
1. a
  in Scotland, Acts of Sederunt;
2. b
  in Northern Ireland, Judgment Enforcement Rules;
F184“State bound by the Lugano Convention” has the meaning given by section 1(3);
“statutory provision” means any provision contained in an Act, or in any Northern Ireland legislation, or in—
1. a
  subordinate legislation (as defined in section 21(1) of the M36Interpretation Act 1978); or
2. b
  any instrument of a legislative character made under any Northern Ireland legislation;
“tribunal”—
1. a
  means a tribunal of any description other than a court of law;
2. b
  in relation to an overseas country, includes, as regards matters relating to maintenance within the meaning of the 1968 Convention, any authority having power to give, enforce, vary or revoke a maintenance order.

51 Application to Crown.

1

This Act binds the Court.

2

In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

52 Extent.

1

This Act extends to Northern Ireland.

C372

Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say—

a

the Isle of Man;

b

any of the Channel Islands;

F185c

any colony.

53 Commencement, transitional provisions and savings.

P11

This Act shall come into force in accordance with the provisions of Part I of Schedule 13.

2

The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.

X754 Repeals.

The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.

55 Short title.

This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.

SCHEDULES

F236SCHEDULE 1TEXT OF 1968 CONVENTION, AS AMENDED

Annotations:

Amendments (Textual)

F236

Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

PREAMBLE

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

Anxious to strengthen in the Community the legal protection of persons therein established;

Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements;

Have decided to conclude this Convention and to this end have designated as their Plenipotentiaries;

(Designations of Plenipotentiaries of the original six Contracting States)

WHO, meeting within the Council, having exchanged their Full Powers, found in good and due form,
HAVE AGREED AS FOLLOWS:

TITLE 1SCOPE

Article 1

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to—

1

The status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession.

2

Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings.

3

Social security.

4

Arbitration.

TITLE IIJURISDICTION

SECTION 1GENERAL PROVISIONS

Article 2

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them—

in Belgium: Article 15 of the civil code (Code civil—Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire—Gerechtelijk Wetboek),
in Denmark: Article 246 (2) and (3) of the law on civil procedure (Lov om rettens pleje),
in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozessordnung)
in Greece, Article 40 of the code of civil procedure (ΚωδιΧας Πολιτινης ΔιΧοΧομιας),
in France: Articles 14 and 15 of the civil code (Code civil),
in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,
in Italy: Articles 2 and 4, nos 1 and 2 of the code of civil procedure (Codice di procedura civile),
in Luxembourg: Articles 14 and 15 of the civil code (Code civil),
in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek vanBurgerlijke Rechtsvordering),
in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm),
in Portugal: Article 65(1)(c), article 65(2) and article 65A(c) of the code of civil procedure (Código Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),
in Finland: the second, third and fourth sentences of the first paragraph of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken),
in Sweden: the first sentence of the first paragraph of Section 3 of Chapter 10 of the Code of Judicial Procedure (rättegångsbalken),
in the United Kingdom: the rules which enable jurisdiction to be founded on:
1. a
  the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or
2. b
  the presence within the United Kingdom of property belonging to the defendant; or
3. c
  the seizure by the plaintiff of property situated in the United Kingdom.

Article 4

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.

SECTION 2SPECIAL JURISDICTION

Article 5

A person domiciled in a Contracting State may, in another Contracting State, be sued—

1
In matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated.
2
In matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.
3
In matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred.
4
As regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings.
5
As regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated.
6
As settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled.
7
As regards a dispute concerning the payment of remuneration claimed in respect of the salvage of cargo or freight, in the court under the authority of which the cargo or freight in question—
1. a
  has been arrested to secure such payment, or
2. b
  could have been so arrested, but bail or other security has been given;
provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6

A person domiciled in a Contracting State may also be sued—

1
Where he is one of a number of defendants, in the courts for the place where any one of them is domiciled.
2
As a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case.
3
On a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.
4
In matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Contracting State in which the property is situated.

Article 6a

Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.

SECTION 3JURISDICTION IN MATTERS RELATING TO INSURANCE

Article 7

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5 point 5.

Article 8

An insurer domiciled in a Contracting State may be sued—

1
in the courts of the State where he is domiciled, or
2
in another Contracting State, in the courts for the place where the policy-holder is domiciled, or
3
if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.
An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occured. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10

In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party had brought against the insured.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11

Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12

The provisions of this Section may be departed from only by an agreement on jurisdiction—

1
which is entered into after the dispute has arisen, or
2
which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section, or
3
which is concluded between a policy-holder and an insurer, both of whom are domiciled in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, providing that such an agreement is not contrary to the law of that State, or
4
which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State, or
5
which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12a.

Article 12a

The following are the risks referred to in point 5 of Article 12—

1
Any loss of or damage to—
1. a
  sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;
2. b
  goods in transit other than passengers' baggage where the transit consists of or includes carriage by such ships or aircraft.
2
Any liability, other than for bodily injury to passengers or loss of or damage to their baggage—
1. a
  arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;
2. b
  for loss or damage caused by goods in transit as described in point 1(b) above.
3
Any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a) above, in particular loss of freight or charter-hire.
4
Any risk or interest connected with any of those referred to in points 1 to 3 above.

SECTION 4JURISDICTION OVER CONSUMER CONTRACTS

Article 13

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer”, jurisdiction shall be determined by this section, without prejudice to the provisions of Article 4 and point 5 of Article 5, if it is—

1
a contract for the sale of goods on instalment credit terms, or
2
a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or
3
any other contract for the supply of goods or a contract for the supply of services, and
1. a
  in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising; and
2. b
  the consumer took in that State the steps necessary for the conclusion of the contract.
Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other estalishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.
This Section shall not apply to contracts of transport.

Article 14

A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled.

These provisions shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 15

The provisions of this Section may be departed from only by an agreement—

1
which is entered into after the dispute has arisen, or
2
which allows the consumer to bring proceedings in courts other than those indicated in this Section, or
3
which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

SECTION 5EXCLUSIVE JURISDICTION

Article 16

The following courts shall have exclusive jurisdiction, regardless of domicile:

1
1. a
  in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;
2. b
  however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same Contracting State.
2
In proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat.
3
In proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept.
4
In proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place.
5
In proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

SECTION 6PROROGATION OF JURISDICTION

Article 17

If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either—

a
in writing or evidenced in writing, or
b
in a form which accords with practices which the parties have established between themselves, or
c
in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

The court or courts of a Contracting State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

Agreement or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Articles 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.

In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defendant’s domicile or those specified in Article 5(1).

Article 18

Apart from jurisdiction derived from other provisions of this Convention a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

SECTION 7EXAMINATION AS TO JURISDICTION AND ADMISSABILITY

Article 19

Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20

Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of the Convention.

The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the documents instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

SECTION 8LIS PENDENS—RELATED ACTIONS

Article 21

Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Contracting States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22

Where related actions are brought in the courts of different Contracting States, any court other than the court first seised may, while the actions are pending at first instance, stay its proceedings.

A court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the law of that court permits the consolidation of related actions and the court first seised has jurisdiction over both actions.

For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

Article 23

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

SECTION 9PROVISIONAL, INCLUDING PROTECTIVE, MEASURES

Article 24

Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE IIIRECOGNITION AND ENFORCEMENT

Article 25

For the purpose of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

SECTION 1RECOGNITION

Article 26

A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Section 2 and 3 of this Title, apply for a decision that the judgment be recognised.

If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27

A judgment shall not be recognized—

1

If such recognition is contrary to public policy in the State in which recognition is sought.

2

Where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence.

3

If the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought.

4

If the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State.

5

If the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the state addressed.

Article 28

Moreover, a judgment shall not be recognised if it conflicts with the provisions of Sections 3, 4 or 5 of Title II, or in a case provided for in Article 59.

In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

Subject to the provisions of the first paragraph, the jurisdiction of the court of the State of origin may not be reviewed; the test of public policy referred to in point 1 of Article 27 may not be applied to the rules relating to jurisdiction.

Article 29

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin, by reason of an appeal.

SECTION 2ENFORCEMENT

Article 31

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32

1

The application shall be submitted—

in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,
in Denmark, to the byret,
in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,
in Greece, to the Μουομελες ΠρωτοδιΧειο,
in Spain, to the Juzgado de Primera Instancia,
in France, to the presiding judge of the tribunal de grande instance,
in Ireland, to the High Court,
in Italy, to the corte d'appello,
in Luxembourg, to the presiding judge of the tribunal d'arrondisement,
in the Netherlands, to the presiding judge of the d'arrondissementsrechtbank,
in Austria, to the Bezirksgericht,
in Portugal, to the Tribunal Judicial de Circulo,
in Finland, to the Käräjäoikeus/tingsrätt,
in Sweden, in the Svea hovrätt,
in the United Kingdom—
1. a
  in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State;
2. b
  in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;
3. c
  in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State.

2

The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.

Article 33

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative ad litem.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34

The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

The application may be refused only for one of the reasons specified in Articles 27 and 28.

Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35

The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36

If enforcement is authorized, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorizing enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37

1

An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters—

in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,
in Denmark, with the landsret,
in the Federal Republic of Germany, with the Oberlandesgericht,
in Greece, with the Εφετειο,
in Spain, with the Audiencia Provincial,
in France, with the cour d'appel,
in Ireland, with the High Court,
in Italy, with the corte d'appello,
in Luxembourg, with the Court supérieure de justice sitting as a court of civil appeal,
in the Netherlands, with the arrondissementsrechtbank,
in Austria, with the Bezirksgericht,
in Portugal, with the Tribunal de Relacção,
in Finland, with the hovioikeus/hovrätt,
in Sweden, with the Svea hovrätt,
in the United Kingdom—
1. a
  in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court;
2. b
  in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;
3. c
  in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court.

2

The judgment given on the appeal may be contested only—

in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,
in the Federal Republic of Germany, by a Rechtsbeschwerde,
in Ireland, by an appeal on a point of law to the Supreme Court,
in Austria, in the case of an appeal by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a revision,
in Portugal, by an appeal on a point of law,
in Finland, by an appeal to korkein oikeus/högsta domstolen,
in Sweden, by an appeal to Högsta domstolen,
in the United Kingdom, by a single further appeal on a point of law.

Article 38

The court with which the appeal under Article 37(1) is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

Where the judgement was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39

During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to proceed to any such protective measures.

Article 40

1

If the application for enforcement is refused, the applicant may appeal—

in Belgium, to the cour d'appel or hof van beroep,
in Denmark, to the landsret,
in the Federal Republic of Germany, to the Oberlandesgericht,
in Greece, to the Εφετειο,
in Spain, to the Audiencia Provincial,
in France, to the cour d'appel,
in Ireland, to the High Court,
in Italy, to the corte d'appello,
in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,
in the Netherlands, to the gerechtshof,
in Austria, to the Bezirksgericht,
in Portugal, to the Tribunal de Relacçço,
in Finland, to the hovioikeus/hovrätten,
in Sweden, to the Svea hovrätt,
in the United Kingdom—
1. a
  in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court;
2. b
  in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;
3. c
  in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court.

2

The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

Article 41

A judgment given on appeal provided for in Article 40 may be contested only—

in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,
in the Federal Republic of Germany, by a Rechtsbeschwerde,
in Ireland, by an appeal on a point of law to the Supreme Court,
in Austria, by a Revisionsrekurs,
in Portugal, by an appeal on a point of law,
in Finland, by an appeal to korkein oikeus/högsta domstolen,
in Sweden, by an appeal to Högsta domstolen,
in the United Kingdom, by a single further appeal on a point of law.

Article 42

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorized for all of them, the court shall authorize enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44

An applicant who, in the State of origin has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from the Danish Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45

No security, bond or deposit, however described, shall be required of a party who in one Contracting State applies for enforcement of a judgment given in another Contracting State on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

SECTION 3COMMON PROVISIONS

Article 46

A party seeking recognition or applying for enforcement of a judgment shall produce—

1

a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

2

in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.

Article 47

A party applying for enforcement shall also produce—

1

documents which establish that, according to the law of the State of origin the judgment is enforceable and has been served;

2

where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Article 48

If the documents specified in point 2 of Articles 46 and 47 are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translation shall be certified by a person qualified to do so in one of the Contracting States.

Article 49

No legalization or other similar formality shall be required in respect of the documents referred to in Articles 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representative ad litem.

TITLE IVAUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Article 31 et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

The provisions of Section 3 of Title III shall apply as appropriate.

Article 51

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which is was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.

TITLE VGENERAL PROVISIONS

Article 52

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the Court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

Article 53

For the purposes of this Convention, the seat of a company or other legal person or association of natural or legal persons shall be treated as its domicile. However, in order to determine that seat, the court shall apply its rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VITRANSITIONAL PROVISIONS

Article 54

The provisions of the Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instruments is sought, in the State addressed.

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

If the parties to a dispute concerning a contract had agreed in writing before 1st June 1988 for Ireland or before 1st January 1987 for the United Kingdom that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54a

For a period of three years from 1st November 1987 for Denmark and from 1st June 1988 for Ireland, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 6 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10th May 1952, for one of these States, these provisions shall cease to have effect for that State.

1

A person who is domiciled in a Contracting State may be sued in the Courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either—

a

the claimant is domiciled in the latter State, or

b

the claim arose in the latter State, or

c

the claim concerns the voyage during which the arrest was made or could have been made, or

d

the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations, or

e

the claim is for salvage, or

f

the claim is in respect of a mortgage or hypothecation of the ship arrested.

2

A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in 5(o), (p) or (q) of this Article.

3

Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

4

When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.

5

The expression “maritime claim” means a claim arising out of one or more of the following—

a

damage caused by any ship either in collision or otherwise;

b

loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;

c

salvage;

d

agreement relating to the use or hire of any ship whether by charterparty or otherwise;

e

agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

f

loss of or damage to goods including baggage carried in any ship;

g

general average;

h

bottomry;

i

towage;

j

pilotage;

k

goods or materials wherever supplied to a ship for her operation or maintenance;

l

construction, repair or equipment of any ship or dock charges and dues;

m

wages of master, officers or crew;

n

master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

o

dispute at to the title to or ownership of any ship;

p

disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

q

the mortgage or hypothecation of any ship.

6

In Denmark, the expression “arrest” shall be deemed as regards the maritime claims referred to in 5(o) and (p) of this Article, to include a “forbud”, where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).

TITLE VIIRELATIONSHIP TO OTHER CONVENTIONS

Article 55

Subject to the provisions of the second subparagraph of Article 54, and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them—

the Convention between Belgium and France on jurisdiction and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Paris on 8th July 1899,
the Convention between Belgium and the Netherlands on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 28th March 1925,
the Convention between France and Italy on the enforcement of judgments in civil and commercial matters, signed at Rome on 3rd June 1930,
the Convention between the United Kingdom and the French Republic providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Paris on 18th January 1934,
the Convention between the United Kingdom and the Kingdom of Belgium providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Brussels on 2nd May 1934,
the Convention between Germany and Italy on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 9th March 1936,
the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments relating to maintenance obligations, signed at Vienna on 25th October 1957,
the Convention between the Federal Republic of Germany and the Kingdom of Belgium on the mutual recognition and enforcement of judgments, arbitration awards and authentic instruments in civil and commercial matters, signed at Bonn on 30th June 1958,
the Convention between the Kingdom of the Netherlands and the Italian Republic on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 17th April 1959,
the Convention between the Federal Republic of Germany and Austria on the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed at Vienna on 6th June 1959,
the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments, arbitral awards and authentic instruments in civil and commercial matters, signed at Vienna on 16th June 1959,
the Convention between the United Kingdom and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Bonn on 14th July 1960,
the Convention between the Kingdom of Greece and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed in Athens on 4th November 1961,
the Convention between the Kingdom of Belgium and the Italian Republic on the recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at Rome on 6th April 1962,
the Convention between the Kingdom of the Netherlands and the Federal Republic of Germany on the mutual recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at The Hague on 30th August 1962,
the Convention between the Kingdom of the Netherlands and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at The Hague on 6th February 1963,
the Convention between France and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Vienna on 15th July 1966,
the Convention between the United Kingdom and the Republic of Italy for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 7th February 1964, with amending Protocol signed at Rome on 14th July 1970,
the Convention between the United Kingdom and the Kingdom of the Netherlands providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at The Hague on 17th November 1967,
the Convention between Spain and France on the recognition and enforcement of judgment arbitration awards in civil and commercial matters, signed at Paris on 28th May 1969,
the Convention between the United Kingdom and Austria providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Vienna on 14th July 1961, with amending Protocol signed at London on 6th March 1970,
the Convention between Luxembourg and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Luxembourg on 29th July 1971,
the Convention between Italy and Austria on the recognition and enforcement of judgments in civil and commercial matters, of judicial settlements and of authentic instruments, signed at Rome on 16th November 1971,
the Convention between Spain and Italy regarding legal aid and the recognition and enforcement of judgments in civil and commercial matters, signed at Madrid on 22nd May 1973,
the Convention between Finland, Iceland, Norway, Sweden and Denmark on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11th October 1977,
the Convention between Austria and Sweden on the recognition and enforcement of judgments in civil matters, signed at Stockholm on 16th September 1982,
the Convention between Spain and the Federal Republic of Germany on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Bonn on 14th November 1983,
the Convention between Austria and Spain on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Vienna on 17th February 1984, and
the Convention between Finland and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 17th November 1986,

and, in so far as it is in force—

the Treaty between Belgium, the Netherlands and Luxembourg on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 24th November 1961.

Article 56

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into the force of this Convention.

Article 57

1

This Convention shall not affect any conventions to which the Contracting States are or will be parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.

2

With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner—

a

this Convention shall not prevent a court of a Contracting State which is a party to a convention on a particular matter from assuming jurisdiction in accordance with that Convention, even where the defendant is domiciled in another Contracting State which is not a party to that Convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.

b

judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognized and enforced in the other Contracting State in accordance with this Convention.

Where a convention on a particular matter to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedure for recognition and enforcement of judgments may be applied.

3

This Convention shall not affect the application of provisions which, in relation to particular matters govern jurisdiction or the recognition or enforcement of judgments and which are or will be contained in acts of the institutions iof the European Communities or in national laws harmonized in implementation of such acts.

Article 58

Until such time as the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on 16th September 1988 takes effect with regard to France and the Swiss Confederation, this Convention shall not affect the rights granted to Swiss nationals by the Convention between France and the Swiss Confederation on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15th June 1869.

Article 59

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recongize judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognize a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property, belonging to the defendant, or the seizure by the plantiff of property situated there—

1

if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2

if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIIIFINAL PROVISIONS

Article 60

[Deleted]

Article 61

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 62

This Convention shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last signatory State to take this step.

Article 63

The Contracting States recognise that any State which becomes a member of the European Economic Community shall be required to accept this Convention as a basis for the negotiations between the Contracting States and that State necessary to ensure the implementation of the last paragraph of Article 220 of the Treaty establishing the European Economic Community.

The necessary adjustments may be the subject of a special convention between the Contracting States of the one part and the new Member States of the other part.

Article 64

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

a

the deposit of each instrument of ratification;

b

the date of entry into force of this Convention;

c

[Deleted]

d

any declaration received pursuant to Article IV of the Protocol;

e

any communication made pursuant to Article VI of the Protocol;

Article 65

The Protocol annexed to this Convention by common accord of the Contracting States shall form an integral part thereof.

Article 66

This Convention is concluded for an unlimited period.

Article 67

Any Contracting State may request the revision of this Convention. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Article 68

This Convention, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

(Signatures of Plenipotentiaries of the original six Contracting States).

ANNEXED PROTOCOL

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention.

Article I

Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article II

Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.

However, the court seized of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Contracting States.

Article III

In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IV

Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to the Secretary-General of the Council of the European Communities, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article V

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany or in Austria. Any person domiciled in another Contracting State may be sued in the courts:

of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozessordnung) concerning third-party notices;
of Austria, pursuant to Article 21 of the code of civil procedure (Zivilprozessordnung) concerning third-party notices.

Judgments given in the other Contracting States by virtue of Articles 6(2) or 10 shall be recognised and enforced in the Federal Republic of Germany and in Austria in accordance with Title III. Any effects which judgments given in those States may have on third parties by application of the provisions in the preceding paragraph shall also be recognised in the other Contracting States.

Article Va

In matters relating to maintenance, the expression “court” includes the Danish administrative authorities.

In Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and assistance (bandräckning), the expression “court” includes the “Swedish enforcement service” (kronofogdemyndighet).

Article Vb

In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland or in Portugal, concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article Vc

Articles 52 and 53 of this Convention shall, when applied by Article 69(5) of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975, to the provisions relating to “residence” in the English text of that Convention, operate as if “residence” in that text were the same as “domicile” in Articles 52 and 53.

Article Vd

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5 October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provisions of Article 86 of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975.

Article Ve

Arrangements relating to maintenance obligations concluded with administrative authorities or authenticated by them shall also be regarded as authentic instruments within the meaning of the first paragraph of Article 50 of the Convention.

Article VI

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the text of any provisions of their laws which amend either those articles of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III of the Convention.

(Signatures of Plenipotentiaries of the original six Contracting States).

F349SCHEDULE 2 TEXT OF 1971 PROTOCOL, AS AMENDED

Annotations:

Amendments (Textual)

F349

Sch. 2 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(2), Sch. 2

Article 1

The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and of the Protocol annexed to that Convention, signed at Brussels on 27th September 1968, and also on the interpretation of the present Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention of 27 September 1968 and to this Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Hellenic Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention and the 1982 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention, the 1982 Convention and the 1989 Convention.

Article 2

The following courts may request the Court of Justice to give preliminary rulings on questions of interpretaton—

1

—

in Belgium: la Cour de Cassation—het Hof van Cassatie and le Conseil d’État—de Raad van State,

— in Denmark: højesteret,
— in the Federal Republic of Germany: die obersten Gerichtshöfe des Bundes,
— in Greece: theανωταταδικαστηρια,
— in Spain: el Tribunal Supremo,
— in France: la Cour de Cassation and le Conseil d’État,
— in Ireland: the Supreme Court,
— in Italy: la Corte Suprema di Cassazione,
— in Luxembourg: la Cour Supérieure de Justice when sitting as Cour de Cassation,
— in Austria: the Oberste Gerichtshof, the Verwaltungsgerichtshof and the Verfassungsgerichtshof,
— in the Netherlands: de Hoge Raad,
— in Portugal: o Supremo Tribunal de Justicça and o Supremo Tribunal Administrativo.
— in Finland: Korkein oikeus/högsta domstolen and korkein hallintooikeus/högsta förvaltningsdomstolen,
— in Sweden: Högsta domstolen, Regeringsrätten, Arbetsdomstolen and Marknadsdomstolen.
— in the United Kingdom: the House of Lords and courts to which application has been made under the second paragraph of Article 37 or under Article 41 of the Convention.

The Procurators-General of the Courts of Cassation of the Contracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance with paragraph 1.

4

The Registrar of the Court of Justice shall give notice of the request to the Contracting States, to the Commission and to the Council of the European Communities; they shall then be entitled within two months of the notification to submit statements of case or written observations to the Court.

5

No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.

Article 5

1

Except where this Protocol otherwise provides, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Statute of the Court of Justice annexed thereto, which are applicable when the Court is requested to give a preliminary ruling, shall also apply to any proceedings for the interpretation of the Convention and the other instruments referred to in Article 1.

2

The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.

Article 6

[Deleted]

Article 7

This Protocol shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 8

This Protocol shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last signatory State to take this step; provided that it shall at the earliest enter into force at the same time as the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.

Article 9

The Contracting States recognise that any State which becomes a member of the European Economic Community, and to which Article 63 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters applies, must accept the provisions of this Protocol, subject to such adjustments as may be required.

Article 10

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

a

the deposit of each instrument of ratification;

b

the date of entry into force of this Protocol;

c

any designation received pursuant to Article 4(3);

d

[Deleted]

Article 11

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the texts of any provisions of their laws which necessitate an amendment to the list of courts in point 1 of Article 2.

Article 12

This Protocol is concluded for an unlimited period.

Article 13

Any Contracting State may request the revision of this Protocol. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Article 14

This Protocol, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

F236F186SCHEDULE 3 TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

Section 2(2).

Annotations:

Amendments (Textual)

F186

Sch. 3 substituted (1.10.1991) by S.I. 1990/2591, art. 12(3), Sch. 3

TITLE V TRANSITIONAL PROVISIONS

Article 34

1

The 1968 Convention and the 1971 Protocol, with the amendments made by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

2

However, as between the six Contracting States to the 1968 Convention, judgments given after the date of entry into force of this Convention, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended.

3

Moreover, as between the six Contracting States to the 1968 Convention and the three States mentioned in Article 1 of this Convention, and as between those three States, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall also be recognised and enforced in accordance with the provisions of Title III of the 1968 convention as amended if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

Article 35

[Deleted]

Article 36

[Deleted]

TITLE VI FINAL PROVISIONS

Article 37

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention and of the 1971 Protocol in the Dutch, French, German and Italian languages to the Governments of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.

The texts of the 1968 Convention and the 1971 Protocol, drawn up in the Danish, English and Irish languages, shall be annexed to this Convention. The texts drawn up in the Danish, English and Irish languages shall be authentic under the same conditions as the orginal texts of the 1968 Convention and the 1971 Protocol.

Article 38

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 39

This Convention shall enter into force, as between the States which shall have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the original Member States of the Community and one new Member State.

It shall enter into force for each new Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 40

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

a

the deposit of each instrument of ratification;

b

the dates of entry into force of this Convention for the Contracting States.

Article 41

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, all seven texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

F187SCHEDULE 3ATEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

Section 2(2)

Annotations:

Amendments (Textual)

F187

Sch. 3A added by S.I. 1989/1346, art. 9(3), Sch. 3

TITLE VTransitional provisions

Article 12

1

The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

2

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.

TITLE VIFinal Provisions

Article 13

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian languages to the Government of the Hellenic Republic.

The texts of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention, drawn up in the Greek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol and the 1978 Convention.

Article 14

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 15

This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Hellenic Republic and those States which have put into force the 1978 Convention in accordance with Article 39 of that Convention.

It shall enter into force for each Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 16

The Secretary-General of the Council of the European Communities shall notify the signatory States of:

a

the deposit of each instrument of ratification;

b

the dates of entry into force of this Convention for the Contracting States.

Article 17

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages, all eight texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

F188SCHEDULE 3B TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION

Section 2(2)

Annotations:

Amendments (Textual)

F188

Sch. 3B inserted (1.10.1991) by S.I. 1990/2591, art. 12(4), Sch. 4

TITLE VITRANSITIONAL PROVISIONS

Article 29

1

The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

2

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.

TITLE VIIFINAL PROVISIONS

Article 30

1

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and of the Portuguese Republic.

2

The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention, drawn up in the Portuguese and Spanish languages, are set out in Annexes II, III, IV and V to this Convention. The texts drawn up in the Portuguese and Spanish languages shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, the 1978 Convention and the 1982 Convention.

Article 31

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 32

1

This Convention shall enter into force on the first day of the third month following the date on which two signatory States, of which one is the Kingdom of Spain or the Portuguese Republic, deposit their instruments of ratification.

2

This Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.

Article 33

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

a

the deposit of each instrument of ratification;

b

the dates of entry into force of this Convention for the Contracting States.

Article 34

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

F237SCHEDULE 3BB TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION

Annotations:

Amendments (Textual)

F237

Sch. 3BB inserted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(3), Sch. 3

TITLE V TRANSITIONAL PROVISIONS

Article 13

1

The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

2

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, of the 1968 Convention, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.

TITLE VI FINAL PROVISIONS

Article 14

1

The Secretary-General of the Council of the European Union shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention in the Danish, Dutch, English, German, Greek, Irish, Italian, Spanish and Portuguese languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

2

The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention, drawn up in the Finnish and Swedish languages, shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, and 1978 Convention, the 1982 Convention and the 1989 Convention.

Article 15

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Union.

Article 16

1

This Convention shall enter into force on the first day of the third month following the date on which two signatory States, one of which is the Republic of Austria, the Republic of Finland or the Kingdom of Sweden, deposit their instruments of ratification.

2

This Convention shall produce its effects for any other signatory State on the first day of the third month following the deposit of its instrument of ratification.

Article 17

The Secretary-General of the Council of the European Union shall notify the signatory States of:

a

the deposit of each instrument of ratification;

b

the dates of entry into force of this Convention for the Contracting States.

Article 18

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all twelve texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

F190 F190F189Schedule 3C

Annotations:

Amendments (Textual)

F190

Sch. 3C omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 25 (with reg. 48)

F189

Sch. 3C inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 1(3), Sch. 1 (with s. 4); S.I. 1992/745, art. 2

Arrangement of Provisions

TITLE I. SCOPE (Article 1)

TI TLE II. JURISDICTION

Section 1. General provisions (Articles 2-4).

Section 2. Special jurisdiction (Articles 5-6A).

Section 3. Jurisdiction in matters relating to insurance (Articles 7-12A).

Section 4. Jurisdiction over consumer contracts (Articles 13-15).

Section 5. Exclusive jurisdiction (Article 16).

Section 6. Prorogation of jurisdiction (Articles 17-18).

Section 7. Examination as to jurisdiction and admissibility (Articles 19-20).

Section 8.Lis pendens-related actions (Articles 21-23).

Section 9. Provisional, including protective, measures (Article 24).

TITLE III. RECOGNITION AND ENFORCEMENT

Definition of “judgment” (Article 25).

Section 1. Recognition (Articles 26-30).

Section 2. Enforcement (Articles 31-45).

Section 3. Common provisions (Articles 46-49).

TITLE IV. AUTHENTIC INSTRUMENTS AND COURT

SETTLEMENTS (Articles 50-51)

TITLE V. GENERAL PROVISIONS (Articles 52-53)

TITLE VI. TRANSITIONAL PROVISIONS (Articles 54-54A)

TITLE VII. RELATIONSHIP TO THE BRUSSELS CONVENTION

AND TO OTHER CONVENTIONS (Articles 54B-59)

TITLE VIII. FINAL PROVISIONS (Articles 60-68)

PROTOCOL NO. 1—ON CERTAIN QUESTIONS OF JURISDICTION,

PROCEDURE AND ENFORCEMENT

PROTOCOL NO. 2—ON THE UNIFORM INTERPRETATION OF THE

CONVENTION

PROTOCOL NO. 3—ON THE APPLICATION OF ARTICLE 57

CONVENTION

ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Preamble

The High Contracting Parties to this Convention,

Anxious to strengthen in their territories the legal protection of persons therein established,

Aware of the links between them, which have been sanctioned in the economic field by the free trade agreements concluded between the European Economic Community and the States members of the European Free Trade Association,

Taking into account the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Accession Conventions under the successive enlargements of the European Communities,

Persuaded that the extension of the principles of that Convention to the States parties to this instrument will strengthen legal and economic co-operation in Europe,

Desiring to ensure as uniform an interpretation as possible of this instrument,

Have in this spirit decided to conclude this Convention and

Have agreed as follows:

TITLE I SCOPE

Article 1

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to:

1. the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;

2. bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

3. social security;

4. arbitration.

TITLE II JURISDICTION

Section 1 General Provisions

Article 2

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3

Annotations:

Amendments (Textual)

F242

Entry in Sch. 3C Article 3 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(a)

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them:

— in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek),

— in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),

— in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

— in Greece: Article 40 of the code of civil procedure (Κωδικαsπολιτικηsδικονομιαs),

— in France: Articles 14 and 15 of the civil code (Code civil),

— in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,

— in Iceland: Article 77 of the Civil Proceedings Act (lög um meδferδ einkamála í héraδi),

— in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

— in Luxembourg: Articles 14 and 15 of the civil code (Code civil),

— in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),

— in Norway: Section 32 of the Civil Proceedings Act (tvistemålsloven),

— in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm),

F242—in Poland, Articles 1103 and 1110, of the Code of Civil Procedure,

— in Portugal: Articles 65(1)(c), 65(2) and 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

— in Switzerland: le for du lieu du séquestre/Gerichtsstand des Arrestortes/ foro del luogo del sequestro within the meaning of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz über das internationale Privatrecht/legge federale sul diritto internazionale privato,

— in Finland: the second, third and fourth sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken),

— in Sweden: the first sentence of Section 3 of Chapter 10 of the Code of Judicial Procedure (Rättegångsbalken),

— in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or

(b) the presence within the United Kingdom of property belonging to the defendant; or

Article 4

Section 2 Special Jurisdiction

Article 5

A person domiciled in a Contracting State may, in another Contracting State, be sued:

2

in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;

3

in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;

4

as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

5

as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

6

in his capacity as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled;

7

as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:

a

has been arrested to secure such payment,

b

could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6

A person domiciled in a Contracting State may also be sued:

2

as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

3

on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

4

in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.

Article 6A

Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.

Section 3 Jurisdiction in Matters Relating to Insurance

Article 7

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5).

Article 8

An insurer domiciled in a Contracting State may be sued:

2

in another Contracting State, in the courts for the place where the policy-holder is domiciled; or

3

if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.

An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10

In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12

The provisions of this Section may be departed from only by an agreement on jurisdiction:

2

which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; or

3

which is concluded between a policy-holder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of the State; or

4

which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State; or

5

which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12A.

Article 12A

The following are the risks referred to in Article 12(5):

2

any liability, other than for bodily injury to passengers or loss of or damage to their baggage;

a

arising out of the use or operation of ships, installations or aircraft as referred to in (1)(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

b

for loss or damage caused by goods in transit as described in (1)(b) above;

3

any financial loss connected with the use or operation of ships, installations or aircraft as referred to in (1)(a) above, in particular loss of freight or charter-hire;

4

any risk or interest connected with any of those referred to in (1) to (3) above.

Section 4 Jurisdiction Over Consumer Contracts

Article 13

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer”, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5), if it is:

2

a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

3

any other contract for the supply of goods or a contract for the supply of services, and

a

in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and

b

the consumer took in that State the steps necessary for the conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Article 14

Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled.

These provisions shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 15

The provisions of this Section may be departed from only by an agreement:

2

which allows the consumer to bring proceedings in courts other than those indicated in this Section; or

3

which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

Section 5 Exclusive Jurisdiction

Article 16

The following courts shall have exclusive jurisdiction, regardless of domicile:

2

in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;

3

in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;

4

in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place;

5

in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

Section 6 Prorogation of Jurisdiction

Article 17

2

3

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

4

5

In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen.

Article 18

Apart from jurisdiction derived from other provisions of this Convention, a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7 Examination as to Jurisdiction and Admissibility

Article 19

Article 20

The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the document instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

Section 8LIS PENDENS— Related Actions

Article 21

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22

Article 23

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

Section 9 Provisional, Including Protective, Measures

Article 24

TITLE III RECOGNITION AND ENFORCEMENT

Article 25

For the purposes of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

Section 1 Recognition

Article 26

A judgment given in a Contracting State shall be recognised in the other Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognised.

If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27

A judgment shall not be recognised:

2

where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence;

3

if the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought;

4

if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;

5

if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the State addressed.

Article 28

Moreover, a judgment shall not be recognised if it conflicts with the provisions of Section 3, 4 or 5 of Title II or in a case provided for in Article 59.

A judgment may furthermore be refused recognition in any case provided for in Article 54B(3) or 57(4).

In its examination of the grounds of jurisdiction referred to in the foregoing paragraphs, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

Subject to the provisions of the first and second paragraphs, the jurisdiction of the court of the State of origin may not be reviewed; the test of public policy referred to in Article 27(1) may not be applied to the rules relating to jurisdiction.

Article 29

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

Section 2 Enforcement

Article 31

Article 32

1

The application shall be submitted:

— in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,
— in Denmark, to the byret,
— in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,
— in Greece, to the μονομελέsπρωτοδικεíο,
— in Spain, to the Juzgado de Primera Instancia,
— in France, to the presiding judge of the tribunal de grande instance,
— in Ireland, to the High Court,
— in Iceland, to the héraδsdómari,
— in Italy, to the corte d’appello,
— in Luxembourg, to the presiding judge of the tribunal d’arrondissement,
— in the Netherlands, to the presiding judge of the arrondissementsrechtbank,
— in Norway, to the herredsrett or byrett as namsrett,
— in Austria, to the Landesgericht or the Kreisgericht,
F243—in Poland, to the sad okregowy,
— in Portugal, to the Tribunal Judicial de Cigrculo,
— in Switzerland:
1. a
  in respect of judgments ordering the payment of a sum of money, to the juge de la mainlevée/Rechtsöffnungsrichter/giudice competente a pronunciare sul rigetto dell’opposizione, within the framework of the procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz über Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento;
2. b
  in respect of judgments ordering a performance other than the payment of a sum of money, to the juge cantonal d’exequatur compétent/zuständiger kantonaler Vollstreckungsrichter/giudice cantonale competente a pronunciare l’exequatur,
— in Finland, to the ulosotonhaltija/överexekutor,
— in Sweden, to the Svea hovrätt,
— in the United Kingdom:
1. a
  in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State;
2. b
  in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;
3. c
  in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.

2 Article 33

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34

The application may be refused only for one of the reasons specified in Articles 27 and 28.

Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35

Article 36

If enforcement is authorised, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorising enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37

1

An appeal against the decision authorising enforcement shall be lodged in accordance with the rules governing procedure in contentious matters:

— in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,
— in Denmark, with the landsret,
— in the Federal Republic of Germany, with the Oberlandesgericht,
— in Greece, with the έωερειο
— in Spain, with the Audiencia Provincial,
— in France, with the cour d’appel,
— in Ireland, with the High Court,
— in Iceland, with the héraδsdómari,
— in Italy, with the corte d’appello,
— in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,
— in the Netherlands, with the arrondissementsrechtbank,
— in Norway, with the lagmannsrett,
— in Austria, with the Landesgericht or the Kreisgericht,
F244—in Poland, to the sad okregowy by an appeal in cassation,
— in Portugal, with the Tribunal da Relação,
— in Switzerland, with the tribunal cantonal/Kantonsgericht/tribunale cantonale,
— in Finland, with the hovioikeus/hovrätt,
— in Sweden, with the Svea hovrätt,
— in the United Kingdom:
1. a
  in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;
2. b
  in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;
3. c
  in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.

2

The judgment given on the appeal may be contested only:

— in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
— in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,
— in the Federal Republic of Germany, by a Rechtsbeschwerde,
— in Ireland, by an appeal on a point of law to the Supreme Court,
— in Iceland, by an appeal to the Hæstiréttur,
— in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts Kjæremålsutvalg or Hoyesterett,
— in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a Revision,
— in Portugal, by an appeal on a point of law,
— in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,
— in Finland, by an appeal to the korkein oikeus/högsta domstolen,
— in Sweden, by an appeal to the högsta domstolen,
— in the United Kingdom, by a single further appeal on a point of law.

Article 38

The court with which the appeal under the first paragraph of Article 37 is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39

The decision authorising enforcement shall carry with it the power to proceed to any such protective measures.

Article 40

1

If the application for enforcement is refused, the applicant may appeal:

— in Belgium, to the cour d’appel or hof van beroep,
— in Denmark, to the landsret,
— in the Federal Republic of Germany, to the Oberlandesgericht,
— in Greece, to the έωετειο,
— in Spain, to the Audiencia Provincial,
— in France, to the cour d’appel,
— in Ireland, to the High Court,
— in Iceland, to the héraδsdómari,
— in Italy, to the corte d’appello,
— in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,
— in the Netherlands, to the gerechtshof,
— in Norway, to the lagmannsrett,
— in Austria, to the Landesgericht or the Kreisgericht,
F245—in Poland, to the sad apelacyjny,
— in Portugal, to the Tribunal da Relação,
— in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale cantonale,
— in Finland, to the hovioikeus/hovrätt,
— in Sweden, to the Svea hovrätt,
— in the United Kingdom:
1. a
  in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;
2. b
  in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;
3. c
  in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2 Article 41

Annotations:

Amendments (Textual)

F246

Entry in Sch. 3C Article 41 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(e)

A judgment given on an appeal provided for in Article 40 may be contested only:

— in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
— in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,
— in the Federal Republic of Germany, by a Rechtsbeschwerde,
— in Ireland, by an appeal on a point of law to the Supreme Court,
— in Iceland, by an appeal to the Hæstiréttur,
— in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts kjæremålsutvalg or Hoyesterett,
— in Austria, by a Revisionsrekurs,
F246—in Poland, by an appeal in cassation,
— in Portugal, by an appeal on a point of law,
— in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,
— in Finland, by an appeal to the korkein oikeus/högsta domstolen,
— in Sweden, by an appeal to the högsta domstolen,
— in the United Kingdom, by a single further appeal on a point of law.

Article 42

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorised for all of them, the court shall authorise enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43

Article 44

An applicant who, in the State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed.

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark or in Iceland in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from, respectively, the Danish Ministry of Justice or the Icelandic Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45

Section 3 Common Provisions

Article 46

A party seeking recognition or applying for enforcement of a judgment shall produce:

2 Article 47

A party applying for enforcement shall also produce:

2

where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Article 48

If the documents specified in Article 46(2) and Article 47(2) are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translation shall be certified by a person qualified to do so in one of the Contracting States.

Article 49

No legalisation or other similar formality shall be required in respect of the documents referred to in Article 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representativead litem.

TITLE IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 31et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

The provisions of Section 3 of Title III shall apply as appropriate.

Article 51

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.

TITLE V GENERAL PROVISIONS

C32 Article 52

Annotations:

Modifications etc. (not altering text)

C32

Sch. 3C art. 52 applied (10.6.2002) by S.S.I. 2002/133, Sch. 1 Ch. 8 rule 8.3(3)(b)

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the court shall apply its internal law.

Article 53

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VI TRANSITIONAL PROVISIONS

Article 54

The provisions of this Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

If the parties to a dispute concerning a contract had agreed in writing before the entry into force of this Convention that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54A

For a period of three years from the entry into force of this Convention for Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden, respectively, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 7 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of these States, these provisions shall cease to have effect for that State.

2

3

Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

4

5

The expression “maritime claim” means a claim arising out of one or more of the following:

a

damage caused by any ship either in collision or otherwise;

b

loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;

c

salvage;

d

agreement relating to the use or hire of any ship whether by charterparty or otherwise;

e

agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

f

loss of or damage to goods including baggage carried in any ship;

g

general average;

h

bottomry;

i

towage;

j

pilotage;

k

goods or materials wherever supplied to a ship for her operation or maintenance;

l

construction, repair or equipment of any ship or dock charges and dues;

m

wages of masters, officers or crew;

n

master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

o

dispute as to the title to or ownership of any ship;

p

disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

q

the mortgage or hypothecation of any ship.

7

In Iceland, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “loigbann”, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (loig um kyrrsetningu og lögbann).

TITLE VII RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS

Article 54B

2

However, this Convention shall in any event be applied:

a

in matters of jurisdiction, where the defendant is domiciled in the territory of a Contracting State which is not a member of the European Communities, or where Article 16 or 17 of this Convention confers a jurisdiction on the courts of such a Contracting State;

b

in relation to alis pendens or to related actions as provided for in Articles 21 and 22, when proceedings are instituted in a Contracting State which is not a member of the European Communities and in a Contracting State which is a member of the European Communities;

c

in matters of recognition and enforcement, where either the State of origin or the State addressed is not a member of the European Communities.

3

In addition to the grounds provided for in Title III recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a Contracting State which is not a member of the European Communities, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

Article 55

Annotations:

Amendments (Textual)

F247

References in Sch. 3C Article 55 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(f)(i)

F248

Reference in Sch. 3C Article 55 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(f)(ii)

F249

Reference in Sch. 3C Article 55 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(f)(iii)

Subject to the provisions of the second paragraph of Article 54 and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them:

— the Convention between the Swiss Confederation and France on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15 June 1869,

— the Treaty between the Swiss Confederation and Spain on the mutual enforcement of judgments in civil or commercial matters, signed at Madrid on 19 November 1896,

— the Convention between the Swiss Confederation and the German Reich on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 2 November 1929,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments, signed at Copenhagen on 16 March 1932,

— the Convention between the Swiss Confederation and Italy on the recognition and enforcement of judgments, signed at Rome on 3 January 1933,

— the Convention between Sweden and the Swiss Confederation on the recognition and enforcement of judgments and arbitral awards, signed at Stockholm on 15 January 1936,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments relating to maintenance obligations, signed at Vienna on 25 October 1957,

— the Convention between the Swiss Confederation and Belgium on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 29 April 1959,

— the Convention between the Federal Republic of Germany and Austria on the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed at Vienna on 6 June 1959,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments, arbitral awards and authentic instruments in civil and commercial matters, signed at Vienna on 16 June 1959,

— the Convention between Austria and the Swiss Confederation on the recognition and enforcement of judgments, signed at Berne on 16 December 1960,

— the Convention between Norway and the United Kingdom providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at London on 12 June 1961,

F247the Convention between Poland and Austria on Bilateral Relations in Civil Matters and on Documents signed at Vienna on December 11 1963,

the Convention between Poland and France on Applicable Law, Jurisdiction and the Enforcement of Judgments in the Field of Personal and Family Law, signed at Warsaw on April 5 1967,

— the Convention between the United Kingdom and Austria providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Vienna on 14 July 1961, with amending Protocol signed at London on 6 March 1970,

— the Convention between the Kingdom of the Netherlands and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at The Hague on 6 February 1963,

— the Convention between France and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Vienna on 15 July 1966,

— the Convention between Luxembourg and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Luxembourg on 29 July 1971,

— the Convention between Italy and Austria on the recognition and enforcement of judgments in civil and commercial matters, of judicial settlements and of authentic instruments, signed at Rome on 16 November 1971,

— the Convention between Norway and the Federal Republic of Germany on the recognition and enforcement of judgments and enforceable documents, in civil and commercial matters, signed at Oslo on 17 June 1977,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977,

F248the Convention between Poland and Greece on Mutual Assistance in Civil and Criminal Matters, signed at Athens on October 24 1979,

— the Convention between Austria and Sweden on the recognition and enforcement of judgments in civil matters, signed at Stockholm on 16 September 1982,

— the Convention between Austria and Spain on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Vienna on 17 February 1984,

— the Convention between Norway and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 21 May 1984, and

— the Convention between Finland and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 17 November 1986.

F249the Convention between Poland and Italy on Mutual Assistance and the Recognition and Enforcement of Judgments in Civil Matters, signed at Warsaw on April 28 1989.

Article 56

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Convention.

Article 57

2

This Convention shall not prevent a court of a Contracting State which is party to a convention referred to in the first paragraph from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a Contracting State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.

3

Judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention referred to in the first paragraph shall be recognised and enforced in the other Contracting States in accordance with Title III of this Convention.

4

In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not a contracting party to a convention referred to in the first paragraph and the person against whom recognition or enforcement is sought is domiciled in that State, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

5

Where a convention referred to in the first paragraph to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures for recognition and enforcement of judgments may be applied.

Article 58

(None)

Article 59

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recognise judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognise a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there:

1. if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2. if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIII FINAL PROVISIONS

Article 60

The following may be parties to this Convention:

a
States which, at the time of the opening of this Convention for signature, are members of the European Communities or of the European Free Trade Association;
b
States which, after the opening of this Convention for signature, become members of the European Communities or of the European Free Trade Association;
c
States invited to accede in accordance with Article 62(1)(b).

Article 61

Article 67

The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of:

a
the deposit of each instrument of ratification or accession;
b
the dates of entry into force of this Convention in respect of the Contracting States;
c
any denunciation received pursuant to Article 64;
d
any declaration received pursuant to Article Ia of Protocol No. 1;
e
any declaration received pursuant to Article Ib of Protocol No. 1;
f
any declaration received pursuant to Article IV of Protocol No. 1;
g
any communication made pursuant to Article VI of Protocol No. 1.

Article 68

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, all fourteen texts being equally authentic, shall be deposited in the archives of the Swiss Federal Council. The Swiss Federal Council shall transmit a certified copy to the Government of each State represented at the Diplomatic Conference of Lugano and to the Government of each acceding State.

Protocol No. 1 ON CERTAIN QUESTIONS OF JURISDICTION, PROCEDURE AND ENFORCEMENT

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention:

Article I

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article Ia

2

This reservation shall not apply to the extent that at the time recognition or enforcement is sought a derogation has been granted from Article 59 of the Swiss Federal Constitution. The Swiss Government shall communicate such derogations to the signatory States and the acceding States.

3

This reservation shall cease to have effect on 31 December 1999. It may be withdrawn at any time.

Article Ib

Any Contracting State may, by declaration made at the time of signing or of deposit of its instrument of ratification or of accession, reserve the right, notwithstanding the provisions of Article 28, not to recognise and enforce judgments given in the other Contracting States if the jurisdiction of the court of the State of origin is based, pursuant to Article 16(1)(b), exclusively on the domicile of the defendant in the State of origin, and the property is situated in the territory of the State which entered the reservation.

Article II

However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Contracting States.

Article III

In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IV

Unless the State in which service is to take place objects by declaration to the Swiss Federal Council, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article V

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany, in Spain, in Austria and in Switzerland. Any person domiciled in another Contracting State may be sued in the courts:

— of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Spain, pursuant to Article 1482 of the civil code,

— of Austria, pursuant to Article 21 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Switzerland, pursuant to the appropriate provisions concerning third-party notices of the cantonal codes of civil procedure.

Judgments given in the other Contracting States by virtue of Article 6(2) or Article 10 shall be recognised and enforced in the Federal Republic of Germany, in Spain, in Austria and in Switzerland in accordance with Title III. Any effects which judgments given in these States may have on third parties by application of the provisions in the preceding paragraph shall also be recognised in the other Contracting States.

Article Va

In matters relating to maintenance, the expression “court” includes the Danish, Icelandic and Norwegian administrative authorities.

In civil and commercial matters, the expression “court” includes the Finnish ulosotonhaltija/överexekutor.

Article Vb

In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland, in Iceland, in Norway, in Portugal or in Sweden concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article Vc

(None)

Article Vd

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5 October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provision of Article 86 of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975.

Article VI

The Contracting States shall communicate to the Swiss Federal Council the text of any provisions of their laws which amend either those provisions of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III.

Protocol No. 2 ON THE UNIFORM INTERPRETATION OF THE CONVENTION

Preamble

The High Contracting Parties,

Having regard to Article 65 of this Convention,

Considering the substantial link between this Convention and the Brussels Convention,

Considering that the Court of Justice of the European Communities by virtue of the Protocol of 3 June 1971 has jurisdiction to give rulings on the interpretation of the provisions of the Brussels Convention,

Being aware of the rulings delivered by the Court of Justice of the European Communities on the interpretation of the Brussels Convention up to the time of signature of this Convention,

Considering that the negotiations which led to the conclusion of the Convention were based on the Brussels Convention in the light of these rulings,

Desiring to prevent, in full deference to the independence of the courts, divergent interpretations and to arrive at as uniform an interpretation as possible of the provisions of the Convention, and of these provisions and those of the Brussels Convention which are substantially reproduced in this Convention,

Have agreed as follows:

Article 1

The courts of each Contracting State shall, when applying and interpreting the provisions of the Convention, pay due account to the principles laid down by any relevant decision delivered by courts of the other Contracting States concerning provisions of this Convention.

Article 2

2

The central body is the Registrar of the Court of Justice of the European Communities.

Article 3

2

The Committee shall be composed of representatives appointed by each signatory and acceding State.

3

The European Communities (Commission, Court of Justice and General Secretariat of the Council) and the European Free Trade Association may attend the meetings as observers.

Article 4

2

The Committee, in the light of these exchanges, may also examine the appropriateness of starting on particular topics a revision of the Convention and make recommendations.

Protocol No. 3 ON THE APPLICATION OF ARTICLE 57

The High Contracting Parties have agreed as follows:

2

If one Contracting State is of the opinion that a provision contained in an act of the institutions of the European Communities is incompatible with the Convention, the Contracting States shall promptly consider amending the Convention pursuant to Article 66, without prejudice to the procedure established by Protocol No. 2.

F208 C28SCHEDULE 4 CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

Annotations:

Amendments (Textual)

F208

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

Modifications etc. (not altering text)

C28

Sch. 4 applied (with modifications) (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 4(3)

General

F1911

Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part.

F1922

Persons domiciled in a part of the United Kingdom may be sued in the courts of another part of the United Kingdom only by virtue of rules 3 to 13 of this Schedule.

Special jurisdiction

F1933

A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—

a

in matters relating to a contract, in the courts for the place of performance of the obligation in question;

b

F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

d

e

as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

f

as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the part of the United Kingdom in which the trust is domiciled;

g

as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question—

i

has been arrested to secure such payment; or

ii

could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;

h

in proceedings—

i

concerning a debt secured on immovable property; or

ii

which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,

in the courts of the part of the United Kingdom in which the property is situated.

F1954

Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Schedule, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

F1965

A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—

a

where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

b

c

on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

d

in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the part of the United Kingdom in which the property is situated.

F1976

Where by virtue of this Schedule a court of a part of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that part, shall also have jurisdiction over claims for limitation of such liability.

Jurisdiction over consumer contracts

F1987

1

In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if—

a

it is a contract for the sale of goods on instalment credit terms; or

b

it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

c

in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities.

2

This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance.

F1998

Exclusive jurisdiction

F20211

The following courts shall have exclusive jurisdiction, regardless of domicile :—

a

i

in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated;

ii

however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same part of the United Kingdom;

b

in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts of the part of the United Kingdom in which the company, legal person or association has its seat;

c

in proceedings which have as their object the validity of entries in public registers, the courts of the part of the United Kingdom in which the register is kept;

d

in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdom in which the judgment has been or is to be enforced.

Prorogation of jurisdiction

F20312

1

If the parties have agreed that a court or the courts of a part of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have jurisdiction.

2

The court or courts of a part of the United Kingdom on which a trust instrument has conferred jurisdiction shall have jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

3

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of rule 9, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11.

F20413

1

Apart from jurisdiction derived from other provisions of this Schedule, a court of a part of the United Kingdom before which a defendant enters an appearance shall have jurisdiction.

2

This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 11.

Examination as to jurisdiction and admissibility

F20514

Where a court of a part of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of another part of the United Kingdom have exclusive jurisdiction by virtue of rule 11, it shall declare of its own motion that it has no jurisdiction.

F20615

1

Where a defendant domiciled in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Schedule.

2 Provisional, including protective, measures

F20716

Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, under this Schedule, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.

TITLE II JURISDICTION

Section 1General Provisions

Article 2

Subject to the provisions of thisTitle, persons domiciled in apart of the United Kingdom shall . . . be sued in the courts of thatpart.

. . .

Article 3

Persons domiciled in apart of the United Kingdom may be sued in the courts of anotherpart of the United Kingdom only by virtue of the rules set out in Sections 2,4, 5 and 6 of this Title.

. . .

Section 2Special jurisdiction

Article 5

Annotations:

Amendments (Textual)

F238

Words in Sch. 4, art. 5(1) inserted (1.4.1993) by S.I. 1993/603, art. 2(a).

A person domiciled in apart of the United Kingdom may, in anotherpart of the United Kingdom, be sued:

1
in matters relating to a contract, in the courts for the place of performance of the obligation in question; F238in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated;
2
in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;
3
in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurredor in the case of a threatened wrong is likely to occur;
4
as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;
5
as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;
6
in his capacity as a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of thepart of the United Kingdomin which the trust is domiciled;
7
as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question
1. a
  has been arrested to secure such payment, or
2. b
  could have been so arrested, but bail or other security has been given;
provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;
8
in proceedings—
1. a
  concerning a debt secured on immovable property;
  or
2. b
  which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,
in the courts of the part of the United Kingdom in which the property is situated.

Article 5A

Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Title, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

Article 6

Annotations:

Amendments (Textual)

F239

Sch. 4 art. 6(4) inserted (1.4.1993) by S.I. 1993/603, art. 2(b).

A person domiciled in apart of the United Kingdom may,in another part of the United Kingdom, also be sued:

1
where he is one of a number of defendants, in the courts for the place where any one of them is domiciled;
2
as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;
3
on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.
4
F239in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of thepart of the United Kingdom in which the property is situated.

Article 6A

Where by virtue of thisTitle a court of apart of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of thatpart, shall also have jurisdiction over claims for limitation of such liability.

. . .

Section 4Jurisdiction over consumer contracts

Article 13

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer", jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles . . .5(5)and (8)(b), if it is:

1
a contract for the sale of goods on instalment credit terms or
2
a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or
3
any other contract for the supply of goods or a contract for the supply of services and . . .the consumer took inthe part of the United Kingdom in which he is domiciledthe steps necessary for the conclusion of the contract.
. . .
This Section shall not apply to contracts of transportor insurance.

Article 14

A consumer may bring proceedings against the other party to a contract either in the courts of thepart of the United Kingdomin which that party is domiciled or in the courts of thepart of the United Kingdomin which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the contract only in the courts of thepart of the United Kingdom in which the consumer is domiciled.

These provisions shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 15

The provisions of this Section may be departed from only by an agreement:

1
which is entered into after the dispute has arisen, or
2
which allows the consumer to bring proceedings in courts other than those indicated in this Section, or
3
which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the samepart of the United Kingdom, and which confers jurisdiction on the courts of thatpart, provided that such an agreement is not contrary to the law of thatpart.

Section 5Exclusive jurisdiction

Article 16

Annotations:

Amendments (Textual)

F240

Sch. 4 art. 16(1) substituted (1.4.1993) by S.I. 1993/603, art. 2(c).

The following courts shall have exclusive jurisdiction, regardless of domicile:

1
1. a
  F240in proceedings which have as their object rightsin rem in immovable property or tenancies of immovable property, the courts of thepart of the United Kingdom in which the property is situated;
2. b
  however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of thepart of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same part of the United Kingdom;
2
in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons . . .the courts of thepart of the United Kingdomin which the company, legal person or association has its seat;
3
in proceedings which have as their object the validity of entries in public registers, the courts of thepart of the United Kingdomin which the register is kept;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
in proceedings concerned with the enforcement of judgments, the courts of thepart of the United Kingdomin which the judgment has been or is to be enforced.

Section 6Prorogation of jurisdiction

Article 17

Annotations:

Amendments (Textual)

F241

Words in Sch. 4 art. 17 inserted (1.4.1993) by S.I. 1993/603, art. 2(d).

If the parties . . .have agreed that a court or the courts of apart of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship,and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have . . .jurisdiction . . .

The court or courts of apart of the United Kingdom on which a trust instrument has conferred jurisdiction shall have . . .jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article . . . 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

. . .

F241In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defendant’s domicile or those specified in Article 5(1).

Article 18

Apart from jurisdiction derived from other provisions of thisTitle, a court of apart of the United Kingdom before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7Examination as to jurisdiction and admissibility

Article 19

Where a court of apart of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of anotherpart of the United Kingdomhave exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20

Where a defendant domiciled in onepart of the United Kingdom is sued in a court of anotherpart of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of thisTitle.

. . .

Section 9Provisional, including protective, measures

Article 24

Application may be made to the courts of apart of the United Kingdom for such provisional, including protective, measures as may be available under the law of thatpart, even if, under thisTitle, the courts of anotherpart of the United Kingdom have jurisdiction as to the substance of the matter.

SCHEDULE 5 PROCEEDINGS EXCLUDED FROM SECTION 4

Section 17.

Proceedings under the Companies Acts

1

Proceedings for the winding up of a company under the F209Insolvency Act 1986 or the F210 Insolvency (Northern Ireland) Order 1989, or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.

Patents, trade marks, designs and similar rights

C292

Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.

Protection of Trading Interests Act 1980

3

Proceedings under section 6 of the M37Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

Appeals etc. from tribunals

4

Proceedings on appeal from, or for review of, decisions of tribunals.

Maintenance and similar payments to local and other public authorities

5

F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings under certain conventions, etc.

6

Proceedings brought in any court in pursuance of—

a

any statutory provision which, in the case of any convention to which Article 57 F212, or Article 71 of the Regulation, applies (conventions relating to specific matters which override the general rules F213 . . .), implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and

b

any rule of law so far as it has the effect of implementing any such convention.

Certain Admiralty proceedings in Scotland

7

Proceedings in Scotland in an F214admiralty action where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestmentin remorad fundandam jurisdictionem of a ship, cargo or freight.

Register of aircraft mortgages

8

Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

Continental Shelf Act 1964

9

Proceedings brought in any court in pursuance of an order under F215section 11 of the Petroleum Act 1998.

F217 Financial Services Act 1986

Annotations:

Amendments (Textual)

F217

Sch. 5 para. 10, which was inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 188(2), substituted by Companies Act 1989 (c. 40, SIF 27), ss. 200(2), 213(2)

10

Proceedings such as are mentioned in F216section 415 of the Financial Services and Markets Act 2000.

SCHEDULE 6 ENFORCEMENT OF U.K. JUDGMENTS (MONEY PROVISIONS)

Section 18.

Preliminary

1

In this Schedule—

“judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;
“money provision” means a provision for the payment of one or more sums of money;
“prescribed” means prescribed by rules of court.

Certificates in respect of judgments

2

1

Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any money provisions contained in a judgment may apply for a certificate under this Schedule.

2

The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

a

in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

b

in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

c

in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

d

in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

e

in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3

A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—

a

either—

i

the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

ii

such an appeal having been brought within that time, that appeal has been finally disposed of; and

b

enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4

Costs or expenses

7

Where a certificate is registered under this Schedule, the reasonable costs or expenses of and incidental to the obtaining of the certificate and its registration shall be recoverable as if they were costs or expenses stated in the certificate to be payable under a money provision contained in the original judgment.

Interest

8

1

Subject to any provision made under sub-paragraph (2), the debt resulting, apart from paragraph 7, from the registration of the certificate shall carry interest at the rate, if any, stated in the certificate from the date or time so stated.

2

Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of sub-paragraph (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

3

All such sums as are recoverable by virtue of paragraph 7 carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the certificate.

4

Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest.

Stay or sisting of enforcement in certain cases

9

Where a certificate in respect of a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the certificate is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the certificate, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registration of a certificate must or may be set aside

10

Where a certificate has been registered under this Schedule, the registering court—

a

shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

b

may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment in question was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

SCHEDULE 7 ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS)

Section 18.

Preliminary

1

In this Schedule—

“judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;
“non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money;
“prescribed” means prescribed by rules of court.

Certified copies of judgments

2

1

General effect of registration

6

1

The non-money provisions contained in a judgment registered under this Schedule shall, for the purposes of their enforcement, be of the same force and effect, the registering court shall have in relation to their enforcement the same powers, and proceedings for or with respect to their enforcement may be taken, as if the judgment containing them had been originally given in the registering court and had (where relevant) been entered.

2

Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and conditions subject to which the non-money provisions contained in a judgment registered under this Schedule may be enforced.

Costs or expenses

7

1

Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to—

a

the obtaining of the certified copy of the judgment and of the necessary certificate under paragraph 4(1)(b) in respect of it; and

b

the registration of the judgment,

shall be recoverable as if on the date of registration there had also been registered in the registering court a certificate under Schedule 6 in respect of the judgment and as if those costs or expenses were costs or expenses stated in that certificate to be payable under a money provision contained in the judgment.

2

All such sums as are recoverable by virtue of sub-paragraph (1) shall carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the judgment.

Stay or sisting of enforcement in certain cases

8

Where a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the judgment is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the judgment, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registered judgment must or may be set aside

9

Where a judgment has been registered under this Schedule, the registering court—

a

shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

b

may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

F228 C30SCHEDULE 8 RULES AS TO JURISDICTION IN SCOTLAND

Annotations:

Amendments (Textual)

F228

Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7

Modifications etc. (not altering text)

C30

Sch. 8 applied (with modifications) (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 5(3)

General

F2181

Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.

Special jurisdiction

F2192

Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction over individual contracts of employment), 5 (exclusive jurisdiction) and 6 (prorogation), a person may also be sued—

a

where he has no fixed residence, in a court within whose jurisdiction he is personally cited;

b

in matters relating to a contract, in the courts for the place of performance of the obligation in question;

c

in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

d

as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that the court has jurisdiction to entertain civil proceedings;

e

F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

g

in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the Trusts (Scotland) Act 1921;

h

where he is not domiciled in the United Kingdom, in the courts for any place where—

i

any movable property belonging to him has been arrested; or

ii

any immovable property in which he has any beneficial interest is situated;

i

in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated;

j

in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;

k

in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;

l

in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;

m

in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;

n

in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;

o

i

where he is one of a number of defenders, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

ii

iii

on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

p

in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immovable property, in the courts for the place where the property is situated;

q

as regards a claim for limitation of liability arising from the use or operation of a ship, in the court having jurisdiction in the action relating to such liability.

Jurisdiction over consumer contracts

F2213

5

Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (4) above applies may be brought in any court in Scotland.

6

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

F2257

1

Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction.

2

This rule shall not apply where appearance was entered to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

Examination as to jurisdiction and admissibility

F2268

Where a court is seised of a claim which is principally concerned with a matter over which another court has exclusive jurisdiction by virtue of rule 5, or where it is precluded from exercising jurisdiction by rule 5(2), it shall declare of its own motion that it has no jurisdiction.

F2279

Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.

SCHEDULE 9 PROCEEDINGS EXCLUDED FROM SCHEDULE 8

Section 21.

1

Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings F229. . . of affiliation and aliment.

2

Proceedings for regulating the custody of children.

F2302A

Proceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act.

3

Proceedings relating to F231guardianship of children and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.

4

Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors.

5

Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up.

6

Admiralty F232actions in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.

7

Commissary proceedings.

8

Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

9

Proceedings under section 7(3) of the M38Civil Aviation (Eurocontrol) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol).

10

Proceedings brought in pursuance of an order under F233section 11 of the Petroleum Act 1998.

11

Proceedings under section 6 of the M39Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

12

Appeals from or review of decisions of tribunals.

13

Proceedings which are not in substance proceedings in which a decree against any person is sought.

14

Proceedings brought in any court in pursuance of—

a

any statutory provision which, in the case of any convention to which Article 57 F234, or Article 71 of the Regulation, applies (conventions relating to specific matters which override the general rules F235 . . .), implements the convention; and

b

any rule of law so far as it has the effect of implementing any such convention.

X8SCHEDULE 10M40AMENDMENTS OF FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

Section 53.

Annotations:

Editorial Information

The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M40

1933 c. 13.

1

Section 1 (power to extend Part I to foreign countries giving reciprocal treatment) is amended as follows.

2

For subsections (1) and (2) substitute—

1
If, in the case of any foreign country, Her Majesty is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to, or to any particular class of, judgments given in the courts of that country or in any particular class of those courts, substantial reciprocity of treatment shall be assured as regards the enforcement in that country of similar judgments given in similar courts of the United Kingdom, She may by Order in Council direct—
a
that this Part of this Act shall extend to that country;
b
that such courts of that country as are specified in the Order shall be recognised courts of that country for the purposes of this Part of this Act ; and
b
that judgments of any such recognised court, or such judgments of any such class so specified, shall, if within subsection (2) of this section, be judgments to which this Part of this Act applies.
2
Subject to subsection (2A) of this section, a judgement of a recognised court is within this subsection if it satisfies the following conditions, namely—
a
it is either final and conclusive as between the judgement debtor and the judgement creditor or requires the former to make an interim payment to the latter ; and
b
there is payable under it a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty ; and
c
it is given after the coming into force of the Order in Council which made that court a recognised court.
2A
The following judgments of a recognised court are not within subsection (2) of this section—
a
a judgement given by that court on appeal from a court which is not a recognised court;
b
a judgement or other instrument which is regarded for the purposes of its enforcement as a judgement of that court but which was given or made in another country ;
c
a judgement given by that court in proceedings founded on a judgement of a court in another country and having as their object the enforcement of that judgement.

3

After subsection (4) add—

5
Any Order in Council made under this section before its amendment by the Civil Jurisdiction and Judgments Act 1982 which deems any court of a foreign country to be a superior court of that country for the purposes of this Part of this Act shall (without prejudice to subsection (4) of this section) have effect from the time of the amendment as if it provided for that court to be a recognised court of that country for those purposes, and for any final and conclusive judgement of that court, if within subsection (2) of this section, to be a judgement to which this Part of this Act applies.

2

In section 9 (power to make foreign judgment unenforceable in United Kingdom if no reciprocity), in subsection (1) omit “superior” in both places where it occurs.

3

For section 10 (issue of certificates of judgments obtained in the United Kingdom) substitute—

10 Provision for issue of copies of, and certificates in connection with, U.K. judgments.
1
Rules may make provision for enabling any judgement creditor wishing to secure the enforcement in a foreign country to which Part I of this Act extends of a judgement to which this subsection applies, to obtain, subject to any conditions specified in the rules—
a
a copy of the judgement; and
b
a certificate giving particulars relating to the judgement and the proceedings in which it was given.
2
Subsection (1) applies to any judgment given by a court or tribunal in the United Kingdom under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty.
3
In this section “rules”—
a
in relation to judgments given by a court, means rules of court;
b
in relation to judgments given by any other tribunal, means rules or regulations made by the authority having power to make rules or regulations regulating to procedure of that tribunal.

4

After section 10 insert—

10A Arbitration awards.
The provisions of this Act, except sections 1(5) and 6, shall apply, as they apply to a judgement, in relation to an award in proceedings on an arbitration which has, in pursuance of the law in force in the place where it was made, became enforceable in the same manner as a judgement given by a court in that place.

5

1

Section 1(1) (interpretation) is amended as follows.

2

After the definition of “Country of the original court” insert—

“Court” except in section 10 of this Act, includes a tribunal;

3

Omit the definition of “Judgments given in the superior courts of the United Kingdom”.

X9SCHEDULE 11 MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS

Section 37(1).

Annotations:

Editorial Information

PART I ENFORCEMENT OF LUMP SUM ORDERS

Maintenance Orders Act 1950 (c. 37)

1

In section 18(3A) of the Maintenance Orders Act 1950 (order not to be enforced by registering court under that Act if re-registred for enforcement in another court), for “whilst it is registered” substitute “ to the extent that it is for the time being registered ”.

Maintenance Orders Act 1958 (c.39)

F2922

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

3

1

Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows.

2

In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

3

After subsection (3) insert—

3A
Without prejudice to subsection (3), where an order made by a court of summary jurisdiction provides for both the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum the order could be more effectively enforced if it were registred may apply to the original court for the registration of the order so far as it relates, and the court may, if it thinks fit, grant the application.
3B
Where an application under subsection (3A) is granted in the case of an order made by a court of summary jurisdiction, the provisions of this Part shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

4

1

In section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of orders), after subsection (1) insert—

1A
The powers conferred by subsection (1) above are not exercisable in relation to so much of a registered order as provides for the payment of a lump sum.

2

In section 21 of that Act (interpretation of Part I)—

a

in paragraph (a) of the definition of “maintenance order” in subsection (1) ; and

b

in subsection (2),

for “periodical payment of sums of money” substitute “ payment of a lump sum or the making of periodical payments ”.

PART II RECOVERY OF INTERESTS ON ARREARS

Maintenance Orders Act 1950 (c. 37)

5

In section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), after subsection (1) (orders to be enforced in the same manner as orders made by the court of registration), insert—

1A
A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest ; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the proder provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.
1B
A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if the interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section.

Maintenance Orders Act 1958 (c.39)

6

1

The Maintenance Orders Act 1958 is amended as follows.

2

After section 2 insert—

2A Interest on sums recoverable under certain orders registered in the High Court.
1
Where, in connection with an application under section 2(3) of this Act for the registration of a magistrates’ court order, the applicant shows in accordance with the rules of court—
a
that the order, though deemed for the purposes of section 1 of this Act to have been made by a magistrates’ court in England, was in fact made in another part of the United Kingdom or in a country or territory outside the United Kingdom ; and
b
that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that part or of that country or territory, recoverable under the order from a particular date or time.
then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 2(4)(c) of this Act, it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.
2
The officer of the court who receives a certificate sent to him under the preceding subsection shall cause the certificate to be registered in that court together with the order to which it relates.
3
Where an order is registered together with a certificate under this section, then , subject to any provision made under the next following subsection, sums payable under the order shall carry interest at the rate specified in the certificate from the date or time so specified.
4
Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.
5
Except as provided by this section sums payable under registered orders shall not carry interest.

3

In section 3(1) of that Act (enforcement of registered orders), after “Subject to the provisions of” insert “ section 2A of this Act and ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

7

1

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.

2

After section 11 insert—

11A Interest on sums recoverable under certain orders registered in the High Court.
1
Where, in connection with an application under section 11(3) for the registration of an order made by a court of summary jurisdiction, the applicant shows in accordance with the rules of court—
a
that the order, though deemed for the purposes of this Part to have been made by a court of summary jurisdiction in Northern Ireland, was in fact made in a country or territory outside the United Kingdom ; and
b
that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that country or territory, recoverable under the order from a particular date or time,
then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 11(4)(c) it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.
2
The officer of a court who receives a certificate sent to him under subsection (1) shall cause the certificate to be registered in that court together with the order to which it relates.
3
Where an order is registered together with a certificate under this section, then, subject to any provision made under subsection (4), sums payable under the order shall carry interest at the rate specified in the certificate from the date or the time so specified.
4
Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.
5
Except as provided by this section sums payable under registered order shall not carry interest.

3

In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”.

4

In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.

PART III RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

8

In section 40 (power to apply Act with modifications by Order in Council)—

a

in paragraph (a), omit “against persons in that country or territory” ; and

b

in paragraph (b), omit “against persons in the United Kingdom”.

18

In section 47 (interpretation), in subsection (3) (construction of references to a courts’ jurisdiction), after “the reference is” insert “ to assets being located or ” and omit the words “or having ceased to reside”.

X10SCHEDULE 12 CONSEQUENTIAL AMENDMENTS

Sections 15(4), 23(2) and 36(6).

Annotations:

Editorial Information

X10

PART I AMENDMENTS CONSEQUENTIAL ON PART I OF THIS ACT

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

1

In section 150 of the Army Act 1955 and in section 150 of the Air Force Act 1955 (enforcement of maintenance and other orders by deduction from pay), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Naval Discipline Act 1957 (c. 53)

2

In section 101 of the Naval Discipline Act 1957 (service of process in maintenance and other proceedings), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)

F2943

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

4

In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies), in subsections (2) and (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Administration of Justice Act 1970 (c. 31)

5

In Schedule 8 to the Administration of Justice Act 1970 (orders which are “maintenance orders” for the purposes of Part II of that Act and Part II of the Maintenance Orders Act 1958), after paragraph 12 insert—

13
A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.

Attachment of Earnings Act 1971 (c. 32)

6

In Schedule 1 to the Attachment of Earnings Act 1971 (orders which are “maintenance orders” for the purposes of that Act), after paragraph 12 insert—

13
A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.

Magistrates’ Courts Act 1980 (c. 43)

F2937

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

8

1

In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order), in paragraph (a), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders ”.

2

In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (b) of paragraph (11), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

PART II AMENDMENTS CONSEQUENTIAL ON SCHEDULE 8

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)

1

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—

3
This section does not apply—
a
in the case of an agreement entered in to after the dispute in respect of which the agreement is intended to have effect has arisen ; or
b
where the contract is one referred to in Rule 3 of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982.

Maintenance Orders Act 1950 (c. 37)

2

In section 15(1)(b) of the Maintenance Orders Act 1950 for the words “for separation and ailment” there shall be substituted the words “ which contains a conclusion for ailment not falling within the scope of paragraph (a)(i) above ”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

3

1

In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—

1
In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.

2

In subsections (3), (4) and (5) of that section for the words “in which the sheriff has jurisdiction by virtue of” there shall be substituted in each place where they occur the words “ referred to in ”.

Consumer Credit Act 1974 (c. 39)

4

In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—

3
In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court.
3A
Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—
a
the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982);
b
the court for the place where the debtor or hirer carries on business ; and
c
where the purposes of the action is to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated.
3B
Subsection (3A) shall not apply—
a
where Rule 3 of Schedule 8 to the Act of 1982 applies; or
b
where the jurisdiction of another court has been prorogated by an agreement entered in to after the dispute has arisen.

PART III AMENDMENTS CONSEQUENTIAL ON SECTION 36

Maintenance Orders Act 1950 (c.37)

1

The Maintenance Orders Act 1950 is amended as follows.

2

In section 18 (enforcement of registered orders), after subsection (3A) insert—

3B
Notwthstanding subsection (1) above, no court in Northern Ireland in which a maintenance order is registered under this Part of this Act shall enforce that order to the extent that it is for the time being registered in another court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982.

3

In section 21(2) (evidence admissible before court where order registered)—

a

in paragraph (a) after “1958” insert “ or under section 36 of the Civil Jurisdiction and Judgments Act 1982 ” ;

b

after “that Act” (twice) insert “ of 1958 ”;

c

after paragraph (b) insert—

c
registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982

4

In section 24(3) (notice of cancellation of order to be given to other courts interested), after “Part I of the Maintenance Orders Act 1958” insert “ or section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)

2

In section 23(2) of the Maintenance Orders Act 1958 (provisions which extend to Scotland and Northern Ireland) after “section 2” insert “ section 2A ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

3

1

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.

2

At the beginning of section 9 (introductory provisions relating to registration in one court of maintenance order made by another) insert “ Without prejudice to section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

3

In section 10 (orders to which Part II applies), after subsection (1) insert—

1A
This Part, except sections 11, 11A and 14(2) and (3), also applies in accordance with section 36 of the Civil Jurisdiction and Judgments Act 1982 to maintenance orders made by a court in England and Wales or Scotland and registered in a court in Northern Ireland under Part II of the Maintenance Orders Act 1950.

4

In section 13 (variation of orders registered in courts of summary jurisdiction), after subsection (7) insert—

7A
No application for any variation in respect of a registered order shall be made by the High Court of Justice in England or the Court of Session and registered in that court under section 36 of the Civil Jurisdiction and Judgments Act 1982.

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I.))

4

In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981 (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add “ but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.))

5

1

In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order)—

a

in paragraph (a), delete the words “or the Maintenance Orders Act 1950”;

b

after paragraph (a) insert—

aa
in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966

2

In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (d) of paragraph (11), at the end add—

or under section 36 of the Civil Jurisdiction and Judgments Act 1982

SCHEDULE 13 Commencement, Transitional Provisions and Savings

Section 53.

Part ICommencement

Provisions coming into force on Royal Assent

1

The following provisions come into force on Royal Assent:

Provision	Subject-matter
section 53(1) and Part 1 of this Schedule.	Commencement.
section 55	Short title.

Provisions coming into force six weeks after Royal Assent

2

The following provisions come into force at the end of the period of six weeks beginning with the day on which this Act is passed:

Provision	Subject-matter
section 24(1)(a), (2)(a) and (3).	Interim relief and protective measures in cases of doubtful jurisdiction.
section 29	Service of county court process outside Northern Ireland.
section 30	Proceedings in England and Wales or Northern Ireland for torts to immovable property.
section 31	Overseas judgments given against states.
section 32	Overseas judgments given in breach of agreement for settlement of disputes.
section 33	Certain steps not to amount to submission to jurisdiction of overseas court.
section 34	Certain judgments a bar to further proceedings on the same cause of action.
section 35(3)	Consolidation of Orders in Council under section 14 of the M42Administration of Justice Act 1920.
section 38	Overseas judgments counteracting an award of multiple damages.
section 40	Power to modify enactments relating to legal aid, etc.
section 49	Saving for powers to stay, sist, strike out or dismiss proceedings.
section 50	Interpretation: general.
section 51	Application to Crown.
section 52	Extent.
paragraphs 7 to 10 of Part II of this Schedule and section 53(2) so far as relates to those paragraphs.	Transitional provisions and savings.
section 54 and Schedule 14 so far as relating to the repeal of provisions in section 4 of the M43Foreign Judgments (Reciprocal Enforcement) Act 1933.	Repeals consequential on sections 32 and 33.

A certificate issued under Schedule 6 shall not be registered under that Schedule in a part of the United Kingdom if the judgment to which that certificate relates is the subject of a certificate registered in that part under the 1868 Act or the 1882 Act.

4

In this paragraph—

“the 1868 Act” means the M45Judgments Extension Act 1868;
“the 1882 Act” means the M46Inferior Courts Judgments Extension Act 1882;
“judgment” has the same meaning as in section 18.

Section 18 and Schedule 7

3

Schedule 7 and, so far as it relates to that Schedule, section 18 shall not apply to judgments given before the coming into force of that section.

Section 19

4

Section 19 shall not apply to judgments given before the commencement of that section.

Section 20 and Schedule 8

5

Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.

Section 26

6

The power conferred by section 26 shall not be exercisable in relation to property arrested before the commencement of that section or in relation to bail or other security given—

a

before the commencement of that section to prevent the arrest of property; or

b

to obtain the release of property arrested before the commencement of that section; or

c

in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b).

Section 31

7

Section 31 shall not apply to any judgment—

a

which has been registered under Part II of the M47Administration of Justice Act 1920 or Part I of the M48Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

b

in respect of which proceedings at common law for its enforcement have been finally determined before that time.

Section 32 and associated repeal

8

1

Section 32 shall not apply to any judgment—

a

which has been registered under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or Part I of the M49Maintenance Orders (Reciprocal Enforcement) Act 1972 before the time when that section comes into force; or

b

in respect of which proceedings at common law for its enforcement have been finally determined before that time.

2

Section 4(3)(b) of the M50Foreign Judgments (Reciprocal Enforcement) Act 1933 shall continue to have effect, notwithstanding its repeal by this Act, in relation to a judgment registered under Part I of that Act before the commencement of section 32.

Section 33 and associated repeal

9

1

Section 33 shall not apply to any judgment—

a

which has been registered under Part II of the M51Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

b

in respect of which proceedings at common law for its enforcement have been finally determined before that time.

2

The repeal by this Act of words in section 4(2)(a)(i) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall not affect the operation of that provision in relation to a judgment registered under Part I of that Act before the commencement of section 33.

Section 34

10

Section 34 shall not apply to judgments given before the commencement of that section.

X11SCHEDULE 14 Repeals

Section 54.

Annotations:

Editorial Information

X11

Chapter	Short Title	Extent of Repeal
41 Geo. 3. c. 90.	Crown Debts Act 1801.	The preamble.
		Sections 1 to 8.
5 Geo. 4. c. 111.	Crown Debts Act 1824.	The whole Act.
22 & 23 Vict. c. 21.	Queen’s Remembrancer Act 1859.	Section 24.
31 &32 Vict. c. 54.	Judgements Extension Act 1868.	The whole Act.
31 & 32 Vict. c. 96.	Ecclesiastical Buildings and Glebes (Scotland) Act 1868.	In section 4, the words “of the county in which the parish concerned is situated” and the words from “provided” to the end.
45 & 46 Vict. c. 31.	Inferior Courts Judgements Extension Act 1882.	The whole Act.
Edw. 7. c. 51.	Sheriff Courts (Scotland) Act 1907.	In section 5, the words from the first “Provided” to “that jurisdiction”.
14 & 15 Geo. 5. c. 27.	Conveyancing (Scotland) Act 1924.	In section 23(6) the words from “of the county” to “is situated”.
23 & 24 Geo. 5. c. 31.	Foreign Judgements (Reciprocal Enforcement) Act 1933.	In section 4(2)(a)(i), the words from “otherwise” to “that court”.
		Section 4(3)(b).
		In section 9(1), the word “superior” in both places where it occurs.
		In section 11(1), the definition of “Judgements given in the superior courts of the United Kingdom”.
		In section 12, in paragraph (a) the words from “(except” to “this Act)”, and paragraph (d).
		In section 13(b), the words “and section two hundred and thirteen”, “respectively” and “and 116”.
14 Geo. 6 c. 37.	Maintenance Orders Act 1950.	Section 6.
		Section 8.
		Section 9(1)(a).
		In section 16(2)(b)(v), the words from the beginning to “or”.
4 & 5 Eliz. 2. c. 46.	Administration of Justice Act 1956.	Section 51(a).
1963 c. 22.	Sheriff Courts (Civil Jurisdiction and Procedure)(Scotland) Act 1963.	In Schedule 1, the entry relating to the Crown Debts Act 1801.
1971 c. 55.	Law Reform (Jurisdiction in Delict)(Scotland) Act 1971.	The whole Act.
1972 c. 18	Maintenance Orders (Reciprocal Enforcement) Act 1972.	In section 40—(a) in paragraph (a), the words “against persons in that country or territory”; and (b) in paragraph (b), the words “against persons in the United Kingdom”.
		In section 47(3), the words “or having ceased to reside”.
		In the Schedule, paragraph 4.
1976 c. 25.	Fair Employment (Northern Ireland) Act 1976.	Section 47.
1978 c. 23.	Judicature (Northern Ireland) Act 1978.	In Part II of Schedule 5— (a) the entry relating to the Crown Debts Act 1801; and (b) in the entry relating to the Foreign Judgements (Reciprocal Enforcment) Act 1933, the word “respectively”, where last occuring, and the words “and 116”.
1981 c. 54.	Supreme Court Act 1981.	In Schedule 5, paragraph 2 of the entry relating to the Foreign Judgements (Reciprocal Enforcement) Act 1933.