Civil Jurisdiction and Judgments Act 1982

Main implementing provisions U.K.

1 Interpretation of references to the Conventions and Contracting States. U.K.

(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 Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention and the 1982 Accession Convention.]

(2) In this Act, unless the context otherwise requires—

[F3 (a) 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; and]

(b) any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention, and any reference to a sub-division of a numbered Article shall be construed accordingly.

[F4 (3) In this Act “Contracting State” means—

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, as the case might be.]

Textual Amendments

F1 Definition inserted by S.I. 1989/1346, art. 3

F2 Definition substituted by S.I. 1989/1346, art. 4

F3 S. 1(2)(a) substituted by S.I. 1989/1346, art. 5

F4 S. 1(3) substituted by S.I. 1989/1346, art. 6

1 Interpretation of references to the Conventions and Contracting States. U.K.

(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;

• [F10 “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;]

• [F11 “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 Sebastián on 26th May 1989,]

• [F12 [F13 “the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention and the 1982 Accession Convention.]]

• [F12 “the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention.]

(2) In this Act, unless the context otherwise requires—

[F14 [F15 X1 (a) 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; and]]

[F14 X1 (a) 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, the 1982 Accession Convention and the 1989 Accession Convention; and]

(b) any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention, and any reference to a sub-division of a numbered Article shall be construed accordingly.

[F16 [F17 X2 (3) In this Act “Contracting State” means—

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, as the case might be.]]

[F16 X2 (3) In this Act “Contracting State” means—

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal).

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, as the case might be.]

Editorial Information

X1 S. 1(2)(a) appearing second substituted (1.10.1991) for s. 1(2)(a) appearing first by S.I. 1990/2591, art. 5

X2 S. 1(3) appearing second substituted (1.10.1991) for s. 1(3) appearing first by S.I. 1990/2591 art. 6

Textual Amendments

F10 Definition inserted by S.I. 1989/1346, art. 3

F11 Definition inserted (1.10.1991) by S.I. 1990/2591, art. 3

F12 Definition appearing second substituted (1.10.1991) for definition appearing first by S.I. 1990/2591, art. 4

F13 Definition substituted by S.I. 1989/1346, art. 4

F14 S. 1(2)(a) appearing second substituted (1.10.1991) for s. 1(2)(a) appearing first by S.I. 1990/2591, art. 5

F15 S. 1(2)(a) substituted by S.I. 1989/1346, art. 5

F16 S. 1(3) appearing second substituted (1.10.1991) for s. 1(3) appearing first by S.I. 1990/2591 art. 6

F17 S. 1(3) substituted by S.I. 1989/1346, art. 6

2 The Conventions to have the force of law. U.K.

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

[F5 (2) For convenience of reference there are set out in Schedules 1, 2, 3 and 3A 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;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention and by Title IV of the 1982 Accession Convention;

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

(d) Titles V and VI of the 1982 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 and in Article 17 of the 1982 Accession Convention.]

Textual Amendments

F5 S. 2(2) substituted by S.I. 1989/1346, art. 7

2 The Conventions to have the force of law. U.K.

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

[F18 [F19 X3 (2) For convenience of reference there are set out in Schedules 1, 2, 3 and 3A 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;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention and by Title IV of the 1982 Accession Convention;

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

(d) Titles V and VI of the 1982 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 and in Article 17 of the 1982 Accession Convention.]]

[F18 X3 (2) For convenience of reference there are set out in Schedules 1, 2, 3, 3A and 3B 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 and by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention and by Title IV of the 1989 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),

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 and in Article 34 of the 1989 Accession Convention.]

Editorial Information

X3 S. 2(2) appearing second substituted (1.10.1991) for s. 2(2) appearing first by S.I. 1990/2591, art. 7

Textual Amendments

F18 S. 2(2) appearing second substituted (1.10.1991) for s. 2(2) appearing first by S.I. 1990/2591, art. 7

F19 S. 2(2) substituted by S.I. 1989/1346, art. 7

3 Interpretation of the Conventions. U.K.

(1) Any question as to the meaning or effect of any provision of the 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 M1 reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

(b) the M2 report by Professor Peter Schlosser on the Accession Convention, [F6 ; and

(c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention,][F7 ; 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 Conventions and shall be given such weight as is appropriate in the circumstances.

Textual Amendments

F6 “; and" and s. 3(3)(c) inserted by S.I. 1989/1346, art. 8

F7 “; and" and s. 3(3)(d) inserted (1.10.1991) by S.I. 1990/2591, art. 8

Marginal Citations

M1 O.J.1979 No. C59/1 and 66.

M2 O.J.1979 No. C59/71.

Valid from 01/02/1992

[F8 3A The Lugano Convention to have the force of law. U.K.

(1) The Lugano Convention shall have the force of law in the United Kingdom, and judicial notice shall be taken of it.

(2) For convenience of reference there is set out in Schedule 3C the English text of the Lugano Convention.]

Textual Amendments

F8 Ss. 3A, 3B inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 1(1), (with s. 4); S.I. 1992/745, art. 2

Valid from 01/05/1992

[F9 3B Interpretation of the Lugano Convention. U.K.

(1) In determining any question as to the meaning or effect of a provision of the Lugano Convention, a court in the United Kingdom shall, in accordance with Protocol No. 2 to that Convention, take account of any principles laid down in any relevant decision delivered by a court of any other Lugano Contracting State concerning provisions of the Convention.

(2) Without prejudice to any practice of the courts as to the matters which may be considered apart from this section, the report on the Lugano Convention by Mr. P. Jenard and Mr. G. Möller (which is reproduced in the Official Journal of the Communities of 28th July 1990) may be considered in ascertaining the meaning or effect of any provision of the Convention and shall be given such weight as is appropriate in the circumstances.]

Textual Amendments

F9 Ss. 3A, 3B inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 1(1), (with s. 4); S.I. 1992/745, art. 2