the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; or

the proceedings involve the reference of any matter to the European Court under the 1971 Protocol F1; or

the proceedings involve a reference of any matter relating to the Regulation or the Lugano Convention F2or the 2005 Hague Convention to the European Court under F3Article 267 of the Treaty on the Functioning of the European UnionF4; or

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 M1.

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

the proceedings involve the reference of a matter to the European Court under the 1971 Protocol F5; or

the proceedings involve a reference of any matter relating to the Regulation or the Lugano Convention F6or the 2005 Hague Convention to the European Court under F7Article 267 of the Treaty on the Functioning of the European UnionF8; or

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.

proceedings have been or are to be commenced in a Brussels Contracting State or a State bound by the Lugano Convention F9or a 2005 Hague Convention State or a Regulation State F10or a Maintenance Regulation State other than the United Kingdom or in a part of the United Kingdom other than that in which the High Court in question exercises jurisdiction; and

they are or will be proceedings whose subject-matter is either within the scope of the Regulation, as determined by Article 1 of the Regulation, within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation, within scope of the Lugano Convention as determined by Article 1 of the Lugano Convention or within scope of the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention (whether or not the Regulation, the Maintenance Regulation, the Lugano Convention or the 2005 Hague Convention has effect in relation to the proceedings).

proceedings commenced or to be commenced otherwise than in a Brussels Contracting State or a State bound by the Lugano Convention F12or a 2005 Hague Convention State or Regulation State F13or a Maintenance Regulation State;

proceedings whose subject-matter is not within the scope F14. . . of the Regulation as determined by Article 1 of the Regulation F15, the Maintenance Regulation as determined by Article 1 of that Regulation F16, the Lugano Convention as determined by Article 1 of the Lugano Convention. F17or the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention.

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

may confer power to grant only specified descriptions of interim relief;

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

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

a warrant for the arrest of property; or

provision for obtaining evidence.

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.

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

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

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

grant interim interdict.

proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, in another F24Brussels or Lugano Contracting StateF25, in another Regulation State, in another Maintenance Regulation State F26, in another 2005 Hague Convention State or in England and Wales or Northern Ireland;

the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation F28, is within scope of the Maintenance Regulation as determined by Article 1 of that Regulation F29or is within the scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention; and

in relation to paragraphs (a) F30, (b) and (ba) of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court;

proceedings commenced otherwise than in a F24Brussels F31, Lugano Contracting State F32, Regulation State or Maintenance Regulation State F33or a 2005 Hague Convention State;

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 F34or the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention;

arbitration proceedings;

in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in a F24Brussels or Lugano Contracting State, Regulation State F35, Maintenance Regulation State F36or a 2005 Hague Convention State.

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

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

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

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

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 M4State Immunity Act 1978.

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;

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

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.

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

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

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

a judgment which is required to be recognised or enforced there under F48the 2005 Hague Convention, the 1968 Convention F49or the Lugano Convention F50or the Regulation F51or the Maintenance Regulation F52or the 2007 Hague Convention;

a judgment to which Part I of the M8Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M9Carriage of Goods by Road Act 1965, section 17(4) of the M10Nuclear Installations Act 1965, F53 . . . F54regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005F55. . . or F56section 177(4) of the Merchant Shipping Act 1995.

to contest the jurisdiction of the court;

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;

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

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 M14Maintenance Orders Act 1950; or

a F62family court order or a sheriff court order has been registered in a court of summary jurisdiction in Northern Ireland under that Part,

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

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

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;

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

the Isle of Man;

any of the Channel Islands;

Gibraltar;

the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the M20Cyprus Act 1960).

any colony.