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

  • F30...

  • F29the 1996 Hague Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague;

  • F16“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at F82The Hague;

  • F11“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;

  • F83“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague;

  • F31...

  • F34...

  • F28...

  • F13“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) F32... 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) F33as that Regulation had effect and was applied immediately before F72IP completion day;

F392

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F33

In this Act—

  • F17“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;

  • F12“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;

  • F84“2019 Hague Convention State”, in any provision, in the application of that provision in relation to the 2019 Hague Convention, means a State bound by that Convention;

  • “Contracting State”, without more, in any provision means—

    1. a

      F35...

    2. b

      F35...

    3. c

      F18in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;F85 and

    4. d

      in the application of the provision in relation to the 2019 Hague Convention, a 2019 Hague Convention State.

  • F36...

  • F41...

  • F37...

  • F38...

F404

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F532The F4Brussels Conventions to have the force of law.

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F543 Interpretation of the F5Brussels Conventions.

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

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3B Interpretation of the Lugano Convention.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3CF27The 1996 Hague Convention to have the force of law

1

The 1996 Hague Convention shall have the force of law in the United Kingdom.

2

For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—

a

the declaration under Article 29 of the Convention, concerning applicable territorial units;

b

the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;

c

the declaration under Article 54 of the Convention, concerning the use of French.

3

For convenience of reference there are set out in Schedules 3D and 3E respectively—

a

the English text of the 1996 Hague Convention;

b

the declarations referred to in subsection (2).

3DThe 2005 Hague Convention to have the force of law

1

The 2005 Hague Convention shall have the force of law in the United Kingdom.

2

For the purposes of this Act the 2005 Hague Convention is to be read together with F73the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts.

F743

For convenience of reference there are set out in Schedules 3F and 3FA respectively—

a

the English text of the 2005 Hague Convention;

b

the declarations referred to in subsection (2).

3EThe 2007 Hague Convention to have the force of law

1

The 2007 Hague Convention shall have the force of law in the United Kingdom.

F752

For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—

a

the declaration under Article 2(3) of the Convention, concerning spousal support;

b

the reservation under Article 44(3) of the Convention, concerning the use of French;

c

the declaration under Article 11(1)(g) of the Convention, concerning application contents;

d

the unilateral declaration concerning the application of the Convention.

F763

For convenience of reference there are set out in Schedules 3G and 3GA respectively—

a

the English text of the 2007 Hague Convention;

b

the reservations and declarations referred to in subsection (2).

3FF78The 2019 Hague Convention to have the force of law

1

The 2019 Hague Convention shall have the force of law in the United Kingdom.

2

For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H.

Supplementary provisions as to recognition and enforcement of judgments

F554 Enforcement of judgments other than maintenance orders.

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F564A Enforcement of judgments, other than maintenance orders, under the Lugano Convention

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C64BF14Registration and enforcement of judgments under the 2005 Hague Convention

F861

Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

2

In subsection (1) “the appropriate court” means—

a

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

b

in Scotland, the Court of Session.

F873

On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—

a

the requirements of Article 13 of the 2005 Hague Convention have been met, and

b

the judgment—

i

meets the condition in Article 8(3) of the 2005 Hague Convention, and

ii

otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.

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 F88... has been registered F89under this section, 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 F90registered 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 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.

C94CF79Registration and enforcement of judgments under the 2019 Hague Convention

1

Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

2

In subsection (1) “the appropriate court” means—

a

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

b

in Scotland, the Court of Session.

3

On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that—

a

the requirements of Article 12 of the 2019 Hague Convention have been met, and

b

the judgment—

i

meets the condition in Article 4(3) of the 2019 Hague Convention,

ii

meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and

iii

otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention.

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 has been registered under this section, 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 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 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 2019 Hague Convention may be enforced.

F575 Recognition and enforcement of maintenance orders.

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F585A Recognition and enforcement of maintenance orders under the Lugano Convention

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F596 Appeals under Article 37, second paragraph and Article 41.

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F606A Appeals under Article 44 and Annex IV of the Lugano Convention

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6BF91Applications to set aside decisions on registration of judgments under the 2005 Hague Convention

1

Either party may apply to set aside the decision on an application under section 4B(1).

2

An application under subsection (1) must be made—

a

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

b

in Scotland, to the Court of Session.

3

Where an application under subsection (1) is brought against a decision to register a judgment, the court—

a

must set aside the decision and refuse to register the judgment if it is satisfied that—

i

the condition in Article 8(3) of the 2005 Hague Convention is not met, or

ii

the judgment otherwise does not meet the requirements of the 2005 Hague Convention;

b

may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies.

4

Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

a

must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i

the condition in Article 8(3) of the 2005 Hague Convention is met,

ii

the judgment otherwise meets the requirements of the 2005 Hague Convention, and

iii

none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies;

b

may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i

the condition in paragraph (a)(i) is met,

ii

the requirements referred to in paragraph (a)(ii) are met, and

iii

one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

5

Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.

C106CF80Applications to set aside decisions on registration of judgments under the 2019 Hague Convention

1

Either party may apply to set aside a decision on an application under section 4C(1).

2

An application under subsection (1) must be made—

a

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

b

in Scotland, to the Court of Session.

3

Where an application under subsection (1) is brought against a decision to register a judgment, the court—

a

must set aside the decision and refuse to register the judgment if it is satisfied that—

i

the condition in Article 4(3) of the 2019 Hague Convention is not met,

ii

none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or

iii

the judgment otherwise does not meet the requirements of the 2019 Hague Convention;

b

may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies.

4

Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

a

must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i

the condition in Article 4(3) of the 2019 Hague Convention is met,

ii

at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,

iii

the judgment otherwise meets the requirements of the 2019 Hague Convention, and

iv

none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies;

b

may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i

the condition in paragraph (a)(i) is met,

ii

the requirements referred to in sub-paragraphs (ii) and (iii) of paragraph (a) are met, and

iii

one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

5

Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C.

C1C2C5C87 Interest on registered judgments.

1

F61... Where in connection with an application for registration of a judgment under section F62... F194BF63...F92, 4C, 6B or 6C 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, F64... 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.

F683

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F674

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5

F65... Debts under judgments registered under section F66... F204BF69... F93, 4C, 6B or 6C shall carry interest only as provided by this section.

F708Currency of payment under registered maintenance orders.

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Other supplementary provisions

9F26Provisions supplementary to Article 26 of the 2005 Hague ConventionF77and Article 23 of the 2019 Hague Convention.

1

F71... F21Article 26 of the 2005 Hague ConventionF94and Article 23 of the 2019 Hague Convention (which make provision for the relationship between those Conventions 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.

F81A

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F92

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F4210Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.

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F4311Proof and admissibility of certain judgments and related documents.

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F4411AProof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention

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C711BF15Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention

1

For the purposes of the 2005 Hague Convention—

a

a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State 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 issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.

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 their capacity as 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.

C1111CF81Proof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague Convention

1

For the purposes of the 2019 Hague Convention—

a

a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2019 Hague Convention State 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 issued by the court of the 2019 Hague Convention State of origin, in the form recommended for use under the 2019 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 12(3) of the 2019 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2019 Hague Convention State of origin.

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 their capacity as 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.

C312 Provision for issue of copies of, and certificates in connection with, U.K. judgments.

Rules of court may make provision for enabling any interested party wishing to secure under F45... F22the 2005 Hague ConventionF95or the 2019 Hague Convention the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

a

a copy of the judgment; and

b

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

F4613Modifications to cover authentic instruments and court settlements.

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F4714Modifications consequential on revision of the Conventions.

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15 Interpretation of Part I and consequential amendments.

1

In this Part, unless the context otherwise requires—

  • “judgment” has the meaning given by F48... F23Article 4(1) of the 2005 Hague ConventionF96or, as the case may be, Article 3(1) of the 2019 Hague Convention;

  • F49...

  • F50...

  • “prescribed” means prescribed by rules of court.

C42

References in this Part to a judgment registered under F10sections F51... F244BF52...F97, 4C, 6B or 6C include, to the extent of its registration, references to a judgment so registered to a limited extent only.

F25C43

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X14

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