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Civil Jurisdiction and Judgments Act 1982
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Changes over time for: Cross Heading: Article 38
Version Superseded: 31/12/2020
Alternative versions:
- 01/02/1991- Amendment
- 01/10/1991- Amendment
- 01/01/2001- Amendment
- 01/01/2001
Point in time - 31/12/2020- Amendment
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Point in time view as at 01/01/2001.
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Civil Jurisdiction and Judgments Act 1982, Cross Heading: Article 38 is up to date with all changes known to be in force on or before 22 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Article 38U.K.
Textual Amendments
F1Sch. 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
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.]
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