http://www.legislation.gov.uk/id/ukpga/1982/27

http://www.legislation.gov.uk/ukpga/1982/27/schedules/2024-05-24

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

2024-05-24

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

SCHEDULES

F49SCHEDULE 1TEXT OF 1968 CONVENTION, AS AMENDED

Annotations:

Amendments (Textual)

F49

Sch. 1 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 53 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F49CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

F49PREAMBLE

F49THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

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F49TITLE 1SCOPE

F49Article 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—

F491

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F492

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F493

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F494

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F49TITLE IIJURISDICTION

F49SECTION 1GENERAL PROVISIONS

F49Article 2

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F49Article 3

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F49Article 4

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F49SECTION 2SPECIAL JURISDICTION

F49Article 5

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F49Article 6

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F49Article 6a

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F49SECTION 3JURISDICTION IN MATTERS RELATING TO INSURANCE

F49Article 7

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F49Article 8

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F49Article 9

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F49Article 10

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F49Article 11

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F49Article 12

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F49Article 12a

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F49SECTION 4JURISDICTION OVER CONSUMER CONTRACTS

F49Article 13

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F49Article 14

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F49Article 15

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F49SECTION 5EXCLUSIVE JURISDICTION

F49Article 16

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F49SECTION 6PROROGATION OF JURISDICTION

F49Article 17

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F49Article 18

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F49SECTION 7EXAMINATION AS TO JURISDICTION AND ADMISSABILITY

F49Article 19

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F49Article 20

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F49SECTION 8LIS PENDENS—RELATED ACTIONS

F49Article 21

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F49Article 22

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F49Article 23

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F49SECTION 9PROVISIONAL, INCLUDING PROTECTIVE, MEASURES

F49Article 24

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F49TITLE IIIRECOGNITION AND ENFORCEMENT

F49Article 25

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F49SECTION 1RECOGNITION

F49Article 26

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F49Article 27

A judgment shall not be recognized—

F491

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F492

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F493

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F494

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F495

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F49Article 28

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F49Article 29

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F49Article 30

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F49SECTION 2ENFORCEMENT

F49Article 31

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F49Article 32

F491

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F492

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F49Article 33

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F49Article 34

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F49Article 35

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F49Article 36

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F49Article 37

F491

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F492

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F49Article 38

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F49Article 39

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F49Article 40

F491

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F492

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F49Article 41

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F49Article 42

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F49Article 43

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F49Article 44

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F49Article 45

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F49SECTION 3COMMON PROVISIONS

F49Article 46

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

F491

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F492

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F49Article 47

A party applying for enforcement shall also produce—

F491

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F492

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F49Article 48

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F49Article 49

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F49TITLE IVAUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

F49Article 50

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F49Article 51

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F49TITLE VGENERAL PROVISIONS

F49Article 52

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F49Article 53

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F49TITLE VITRANSITIONAL PROVISIONS

F49Article 54

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F49Article 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.

F491

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F492

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F493

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F494

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F495

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F496

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F49TITLE VIIRELATIONSHIP TO OTHER CONVENTIONS

F49Article 55

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F49Article 56

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F49Article 57

F491

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F492

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F493

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F49Article 58

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F49Article 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—

F491

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F492

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F49TITLE VIIIFINAL PROVISIONS

F49Article 60

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F49Article 61

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F49Article 62

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F49Article 63

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F49Article 64

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F49Article 65

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F49Article 66

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F49Article 67

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F49Article 68

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F49ANNEXED PROTOCOL

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

F49Article I

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F49Article II

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F49Article III

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F49Article IV

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F49Article V

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F49Article Va

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F49Article Vb

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F49Article Vc

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F49Article Vd

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F49Article Ve

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F49Article VI

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F50SCHEDULE 2 TEXT OF 1971 PROTOCOL, AS AMENDED

Annotations:

Amendments (Textual)

F50

F51

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F51 Article 39

F51

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F51 Article 40

F51

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F51 Article 41

F51

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F52SCHEDULE 3ATEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

Section 2(2)

Annotations:

Amendments (Textual)

F52

Sch. 3A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 56 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F52TITLE VTransitional provisions

F52 Article 12

F521

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F522

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F52TITLE VIFinal Provisions

Amendments (Textual)

F53

Sch. 3B omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 57 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F53TITLE VITRANSITIONAL PROVISIONS

F53 Article 29

F531

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F532

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F53TITLE VIIFINAL PROVISIONS

F53 Article 30

F531

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F532

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F53 Article 31

F53

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F53 Article 32

F531

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F532

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F53 Article 33

F53

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F53 Article 34

F53

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F54SCHEDULE 3BB TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION

Annotations:

Amendments (Textual)

F54

Sch. 3BB omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 58 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F54TITLE V TRANSITIONAL PROVISIONS

F54Article 13

F541

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F542

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F54TITLE VI FINAL PROVISIONS

F54Article 14

F541

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F542

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F54

Article 15

F54

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Article 16

F541

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F542

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Article 17

F54

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Article 18

F54

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F2 F2F31F1Schedule 3C

Annotations:

Amendments (Textual)

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)

F31

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

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,

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,

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)

F36

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),

F36—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

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 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

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:

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

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 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

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.

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

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.

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

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 this 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 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 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 9 Provisional, 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 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.

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 2 Enforcement

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 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,
F37—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

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 representativead 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 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,
F38—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

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 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,
F39—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

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

Annotations:

Amendments (Textual)

F40

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,
F40—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

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 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

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 3 Common Provisions

Article 46

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

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:

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

C5 Article 52

Annotations:

Modifications etc. (not altering text)

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.

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 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

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 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)

F41

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)

F42

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)

F43

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,

F41the 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,

F42the 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.

F43the 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

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 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

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 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

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 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.

F55SCHEDULE 3DText of the 1996 Hague Convention

Annotations:

Amendments (Textual)

F55

Sch. 3D inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 1 (with s. 3(1))

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children

(Concluded 19 October 1996)

The States signatory to the present Convention,

Considering the need to improve the protection of children in international situations,

Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,

Recalling the importance of international co-operation for the protection of children,

Confirming that the best interests of the child are to be a primary consideration,

Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision,

Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,

Have agreed on the following provisions—

CHAPTER ISCOPE OF THE CONVENTION

Article 1

1

The objects of the present Convention are—

a

to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;

b

to determine which law is to be applied by such authorities in exercising their jurisdiction;

c

to determine the law applicable to parental responsibility;

d

to provide for the recognition and enforcement of such measures of protection in all Contracting States;

e

to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.

2

For the purposes of this Convention, the term ‘parental responsibility’ includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians or other legal representatives in relation to the person or the property of the child.

Article 2

The Convention applies to children from the moment of their birth until they reach the age of 18 years.

Article 3

The measures referred to in Article 1 may deal in particular with—

a

the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;

b

rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child's habitual residence;

c

guardianship, curatorship and analogous institutions;

d

the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child;

e

the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution;

f

the supervision by a public authority of the care of a child by any person having charge of the child;

g

the administration, conservation or disposal of the child's property.

Article 4

The Convention does not apply to—

a

the establishment or contesting of a parent-child relationship;

b

decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;

c

the name and forenames of the child;

d

emancipation;

e

maintenance obligations;

f

trusts or succession;

g

social security;

h

public measures of a general nature in matters of education or health;

i

measures taken as a result of penal offences committed by children;

j

decisions on the right of asylum and on immigration.

CHAPTER IIJURISDICTION

b

the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.

2

The removal or the retention of a child is to be considered wrongful where—

a

it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and

b

at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

3

So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.

Article 8

1

By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either

— request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or
— suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State.

2

The Contracting States whose authorities may be addressed as provided in the preceding paragraph are—

a

a State of which the child is a national,

b

a State in which property of the child is located,

c

a State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage,

d

a State with which the child has a substantial connection.

3

The authorities concerned may proceed to an exchange of views.

4

The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child's best interests.

Article 9

1

If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child's best interests, they may either

— request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorised to exercise jurisdiction to take the measures of protection which they consider to be necessary, or
— invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.

2

The authorities concerned may proceed to an exchange of views.

3

The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.

Article 10

1

Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if—

a

at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child, and

b

The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

Article 13

1

The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration.

2

The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.

Article 14

The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.

CHAPTER IIIAPPLICABLE LAW

Article 15

1

In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.

2

However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a substantial connection.

3

If the child's habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.

Article 16

1

The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.

2

The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child's habitual residence at the time when the agreement or unilateral act takes effect.

3

Parental responsibility which exists under the law of the State of the child's habitual residence subsists after a change of that habitual residence to another State.

4

If the child's habitual residence changes, the attribution of parental responsibilty by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.

Article 17

The exercise of parental responsibility is governed by the law of the State of the child's habitual residence. If the child's habitual residence changes, it is governed by the law of the State of the new habitual residence.

Article 18

The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.

Article 19

1

The validity of a transaction entered into between a third party and another person who would be entitled to act as the child's legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child's legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law.

2

The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.

Article 20

The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.

Article 21

1

In this Chapter the term “law” means the law in force in a State other than its choice of law rules.

2

However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.

Article 22

The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.

CHAPTER IVRECOGNITION AND ENFORCEMENT

Article 23

1

The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.

2

Recognition may however be refused—

a

if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II;

b

if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the child having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State;

c

on the request of any person claiming that the measure infringes his or her parental responsibility, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard;

d

if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;

e

if the measure is incompatible with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure fulfils the requirements for recognition in the requested State;

f

if the procedure provided in Article 33 has not been complied with.

Article 24

1

Without prejudice to Article 23, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.

Article 25

The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.

Article 26

1

If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.

2

Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.

3

The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.

Article 27

Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.

Article 28

Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.

CHAPTER VCO-OPERATION

b

facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies;

c

provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of a child where it appears that the child may be present and in need of protection within the territory of the requested State.

Article 32

On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies,

a

provide a report on the situation of the child;

b

request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.

Article 33

1

If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care.

2

The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child's best interests.

Article 34

1

Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information.

2

A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.

Article 35

1

The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis.

2

The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision.

3

An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child's former habitual residence.

4

Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.

Article 36

In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child's residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.

Article 37

An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child's person or property in danger, or constitute a serious threat to the liberty or life of a member of the child's family.

Article 38

1

Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter.

2

Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.

Article 39

Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

CHAPTER VIGENERAL PROVISIONS

Article 40

1

The authorities of the Contracting State of the child's habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child's person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her.

2

The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary.

3

Each Contracting State shall designate the authorities competent to draw up the certificate.

Article 41

Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

Article 42

The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.

Article 43

All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.

Article 44

Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.

Article 45

1

The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law.

2

The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.

Article 46

A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.

Article 47

In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units—

1

any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;

2

any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;

3

any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;

4

any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection;

5

any reference to the State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;

6

any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection;

7

any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;

8

any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;

9

any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;

10

any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.

Article 48

For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply—

a

if there are rules in force in such a State identifying which territorial unit's law is applicable, the law of that unit applies;

b

in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.

Article 49

For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply—

a

if there are rules in force in such a State identifying which among such laws applies, that law applies;

b

Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English.

2

However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.

Article 55

1

A Contracting State may, in accordance with Article 60,

a

reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;

b

reserve the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.

2

The reservation may be restricted to certain categories of property.

Article 56

The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.

for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3;

c

for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.

Article 62

1

A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.

2

The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.

Article 63

The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following—

a

the signatures, ratifications, acceptances and approvals referred to in Article 57;

b

the accessions and objections raised to accessions referred to in Article 58;

c

the date on which the Convention enters into force in accordance with Article 61;

d

the declarations referred to in Articles 34, paragraph 2, and 59;

e

the agreements referred to in Article 39;

f

the reservations referred to in Article 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2;

g

the denunciations referred to in Article 62.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session.

F56SCHEDULE 3EDeclarations made by the United Kingdom in relation to the 1996 Hague Convention

Annotations:

Amendments (Textual)

F56

Sch. 3E inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 2 (with s. 3(1))

PART 1Declaration concerning applicable territorial units

In accordance with Article 29, paragraph 2, of the Convention, the Government of the United Kingdom declares that it will interpret this paragraph as referring only to cases where the requesting Central Authority does not know to which applicable territorial unit their application should be addressed. In such cases the United Kingdom designates the Central Authority for England to transmit to the relevant Central Authority.

PART 2Declaration concerning communication of requests under paragraph 1 of Article 34

In accordance with Article 34, paragraph 2, of the Convention, the Government of the United Kingdom declares that requests made under paragraph 1 of Article 34 shall be communicated to its authorities only through the relevant Central Authority.

PART 3Declaration concerning the use of French

In accordance with Article 54, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that it objects to the use of French.

F57SCHEDULE 3FText of the 2005 Hague Convention

Annotations:

Amendments (Textual)

F57

Sch. 3F inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 3 (with s. 3(1), Sch. 5 para. 7)

Convention on Choice of Court Agreements

(Concluded 30 June 2005)

The States Parties to the present Convention,

Desiring to promote international trade and investment through enhanced judicial co-operation,

Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,

Believing that such enhanced co-operation requires in particular an international legal regime that provides certainty and ensures the effectiveness of exclusive choice of court agreements between parties to commercial transactions and that governs the recognition and enforcement of judgments resulting from proceedings based on such agreements,

Have resolved to conclude this Convention and have agreed upon the following provisions—

CHAPTER ISCOPE AND DEFINITIONS

ARTICLE 1Scope

1

This Convention shall apply in international cases to exclusive choice of court agreements concluded in civil or commercial matters.

2

For the purposes of Chapter II, a case is international unless the parties are resident in the same Contracting State and the relationship of the parties and all other elements relevant to the dispute, regardless of the location of the chosen court, are connected only with that State.

3

For the purposes of Chapter III, a case is international where recognition or enforcement of a foreign judgment is sought.

Article 2Exclusions from scope

1

This Convention shall not apply to exclusive choice of court agreements—

a

to which a natural person acting primarily for personal, family or household purposes (a consumer) is a party;

b

relating to contracts of employment, including collective agreements.

2

This Convention shall not apply to the following matters—

a

the status and legal capacity of natural persons;

b

maintenance obligations;

c

other family law matters, including matrimonial property regimes and other rights or obligations arising out of marriage or similar relationships;

d

wills and succession;

e

insolvency, composition and analogous matters;

f

the carriage of passengers and goods;

g

marine pollution, limitation of liability for maritime claims, general average, and emergency towage and salvage;

h

anti-trust (competition) matters;

i

liability for nuclear damage;

j

claims for personal injury brought by or on behalf of natural persons;

k

tort or delict claims for damage to tangible property that do not arise from a contractual relationship;

l

rights in rem in immovable property, and tenancies of immovable property;

m

the validity, nullity, or dissolution of legal persons, and the validity of decisions of their organs;

n

the validity of intellectual property rights other than copyright and related rights;

o

infringement of intellectual property rights other than copyright and related rights, except where infringement proceedings are brought for breach of a contract between the parties relating to such rights, or could have been brought for breach of that contract;

p

the validity of entries in public registers.

3

Notwithstanding paragraph 2, proceedings are not excluded from the scope of this Convention where a matter excluded under that paragraph arises merely as a preliminary question and not as an object of the proceedings. In particular, the mere fact that a matter excluded under paragraph 2 arises by way of defence does not exclude proceedings from the Convention, if that matter is not an object of the proceedings.

4

This Convention shall not apply to arbitration and related proceedings.

5

Proceedings are not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, is a party thereto.

6

Nothing in this Convention shall affect privileges and immunities of States or of international organisations, in respect of themselves and of their property.

Article 3Exclusive choice of court agreements

For the purposes of this Convention—

a

“exclusive choice of court agreement” means an agreement concluded by two or more parties that meets the requirements of paragraph (c) and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, the courts of one Contracting State or one or more specific courts of one Contracting State to the exclusion of the jurisdiction of any other courts;

b

a choice of court agreement which designates the courts of one Contracting State or one or more specific courts of one Contracting State shall be deemed to be exclusive unless the parties have expressly provided otherwise;

c

an exclusive choice of court agreement must be concluded or documented—

i

in writing; or

ii

by any other means of communication which renders information accessible so as to be usable for subsequent reference;

d

an exclusive choice of court agreement that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. The validity of the exclusive choice of court agreement cannot be contested solely on the ground that the contract is not valid.

Article 4Other definitions

1

In this Convention, “judgment” means any decision on the merits given by a court, whatever it may be called, including a decree or order, and a determination of costs or expenses by the court (including an officer of the court), provided that the determination relates to a decision on the merits which may be recognised or enforced under this Convention. An interim measure of protection is not a judgment.

2

For the purposes of this Convention, an entity or person other than a natural person shall be considered to be resident in the State—

a

where it has its statutory seat;

b

under whose law it was incorporated or formed;

c

where it has its central administration; or

d

where it has its principal place of business.

CHAPTER IIJURISDICTION

Article 5Jurisdiction of the chosen court

1

The court or courts of a Contracting State designated in an exclusive choice of court agreement shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void under the law of that State.

2

A court that has jurisdiction under paragraph 1 shall not decline to exercise jurisdiction on the ground that the dispute should be decided in a court of another State.

3

The preceding paragraphs shall not affect rules—

a

on jurisdiction related to subject matter or to the value of the claim;

b

on the internal allocation of jurisdiction among the courts of a Contracting State.

However, where the chosen court has discretion as to whether to transfer a case, due consideration should be given to the choice of the parties.

Article 6Obligations of a court not chosen

A court of a Contracting State other than that of the chosen court shall suspend or dismiss proceedings to which an exclusive choice of court agreement applies unless—

a

the agreement is null and void under the law of the State of the chosen court;

b

a party lacked the capacity to conclude the agreement under the law of the State of the court seised;

c

giving effect to the agreement would lead to a manifest injustice or would be manifestly contrary to the public policy of the State of the court seised;

d

for exceptional reasons beyond the control of the parties, the agreement cannot reasonably be performed; or

e

the chosen court has decided not to hear the case.

Article 7Interim measures of protection

Interim measures of protection are not governed by this Convention. This Convention neither requires nor precludes the grant, refusal or termination of interim measures of protection by a court of a Contracting State and does not affect whether or not a party may request or a court should grant, refuse or terminate such measures.

CHAPTER IIIRECOGNITION AND ENFORCEMENT

Article 8Registration and enforcement

1

A judgment given by a court of a Contracting State designated in an exclusive choice of court agreement shall be recognised and enforced in other Contracting States in accordance with this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention.

2

Without prejudice to such review as is necessary for the application of the provisions of this Chapter, there shall be no review of the merits of the judgment given by the court of origin. The court addressed shall be bound by the findings of fact on which the court of origin based its jurisdiction, unless the judgment was given by default.

3

A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

4

Recognition or enforcement may be postponed or refused if the judgment is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired. A refusal does not prevent a subsequent application for recognition or enforcement of the judgment.

5

This Article shall also apply to a judgment given by a court of a Contracting State pursuant to a transfer of the case from the chosen court in that Contracting State as permitted by Article 5, paragraph 3. However, where the chosen court had discretion as to whether to transfer the case to another court, recognition or enforcement of the judgment may be refused against a party who objected to the transfer in a timely manner in the State of origin.

Article 9Refusal of recognition or enforcement

Recognition or enforcement may be refused if—

a

the agreement was null and void under the law of the State of the chosen court, unless the chosen court has determined that the agreement is valid;

b

a party lacked the capacity to conclude the agreement under the law of the requested State;

c

the document which instituted the proceedings or an equivalent document, including the essential elements of the claim,

i

was not notified to the defendant in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant entered an appearance and presented his case without contesting notification in the court of origin, provided that the law of the State of origin permitted notification to be contested; or

ii

was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents;

d

the judgment was obtained by fraud in connection with a matter of procedure;

e

recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State;

f

the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or

g

the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.

Article 10Preliminary questions

1

Where a matter excluded under Article 2, paragraph 2, or under Article 21, arose as a preliminary question, the ruling on that question shall not be recognised or enforced under this Convention.

2

Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded under Article 2, paragraph 2.

3

However, in the case of a ruling on the validity of an intellectual property right other than copyright or a related right, recognition or enforcement of a judgment may be refused or postponed under the preceding paragraph only where—

a

that ruling is inconsistent with a judgment or a decision of a competent authority on that matter given in the State under the law of which the intellectual property right arose; or

b

proceedings concerning the validity of the intellectual property right are pending in that State.

4

Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded pursuant to a declaration made by the requested State under Article 21.

Article 11Damages

1

Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.

2

The court addressed shall take into account whether and to what extent the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.

Article 12Judicial settlements (transactions judiciaires)

Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.

Article 13Documents to be produced

1

The party seeking recognition or applying for enforcement shall produce—

a

a complete and certified copy of the judgment;

b

the exclusive choice of court agreement, a certified copy thereof, or other evidence of its existence;

c

if the judgment was given by default, the original or a certified copy of a document establishing that the document which instituted the proceedings or an equivalent document was notified to the defaulting party;

d

any documents necessary to establish that the judgment has effect or, where applicable, is enforceable in the State of origin;

e

in the case referred to in Article 12, a certificate of a court of the State of origin that the judicial settlement or a part of it is enforceable in the same manner as a judgment in the State of origin.

2

If the terms of the judgment do not permit the court addressed to verify whether the conditions of this Chapter have been complied with, that court may require any necessary documents.

3

An application for recognition or enforcement may be accompanied by a document, issued by a court (including an officer of the court) of the State of origin, in the form recommended and published by the Hague Conference on Private International Law.

4

If the documents referred to in this Article are not in an official language of the requested State, they shall be accompanied by a certified translation into an official language, unless the law of the requested State provides otherwise.

Article 14Procedure

The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested State unless this Convention provides otherwise. The court addressed shall act expeditiously.

Article 15Severability

Recognition or enforcement of a severable part of a judgment shall be granted where recognition or enforcement of that part is applied for, or only part of the judgment is capable of being recognised or enforced under this Convention.

CHAPTER IVGENERAL CLAUSES

Article 16Transitional provisions

1

This Convention shall apply to exclusive choice of court agreements concluded after its entry into force for the State of the chosen court.

2

This Convention shall not apply to proceedings instituted before its entry into force for the State of the court seised.

Article 17Contracts of insurance and reinsurance

1

Proceedings under a contract of insurance or reinsurance are not excluded from the scope of this Convention on the ground that the contract of insurance or reinsurance relates to a matter to which this Convention does not apply.

2

Recognition and enforcement of a judgment in respect of liability under the terms of a contract of insurance or reinsurance may not be limited or refused on the ground that the liability under that contract includes liability to indemnify the insured or reinsured in respect of—

a

c

the court of origin was the court first seised.

Article 23Uniform interpretation

In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.

Article 24Review of operation of the Convention

The Secretary General of the Hague Conference on Private International Law shall at regular intervals make arrangements for—

a

review of the operation of this Convention, including any declarations; and

b

consideration of whether any amendments to this Convention are desirable.

Article 25Non-unified legal systems

1

In relation to a Contracting State in which two or more systems of law apply in different territorial units with regard to any matter dealt with in this Convention—

a

any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

b

any reference to residence in a State shall be construed as referring, where appropriate, to residence in the relevant territorial unit;

c

any reference to the court or courts of a State shall be construed as referring, where appropriate, to the court or courts in the relevant territorial unit;

d

any reference to a connection with a State shall be construed as referring, where appropriate, to a connection with the relevant territorial unit.

2

Notwithstanding the preceding paragraph, a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.

3

A court in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a judgment from another Contracting State solely because the judgment has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

4

This Article shall not apply to a Regional Economic Integration Organisation.

Article 26Relationship with other international instruments

1

This Convention shall be interpreted so far as possible to be compatible with other treaties in force for Contracting States, whether concluded before or after this Convention.

2

This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, in cases where none of the parties is resident in a Contracting State that is not a Party to the treaty.

3

This Convention shall not affect the application by a Contracting State of a treaty that was concluded before this Convention entered into force for that Contracting State, if applying this Convention would be inconsistent with the obligations of that Contracting State to any non-Contracting State. This paragraph shall also apply to treaties that revise or replace a treaty concluded before this Convention entered into force for that Contracting State, except to the extent that the revision or replacement creates new inconsistencies with this Convention.

4

This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, for the purposes of obtaining recognition or enforcement of a judgment given by a court of a Contracting State that is also a Party to that treaty. However, the judgment shall not be recognised or enforced to a lesser extent than under this Convention.

5

This Convention shall not affect the application by a Contracting State of a treaty which, in relation to a specific matter, governs jurisdiction or the recognition or enforcement of judgments, even if concluded after this Convention and even if all States concerned are Parties to this Convention. This paragraph shall apply only if the Contracting State has made a declaration in respect of the treaty under this paragraph. In the case of such a declaration, other Contracting States shall not be obliged to apply this Convention to that specific matter to the extent of any inconsistency, where an exclusive choice of court agreement designates the courts, or one or more specific courts, of the Contracting State that made the declaration.

6

This Convention shall not affect the application of the rules of a Regional Economic Integration Organisation that is a Party to this Convention, whether adopted before or after this Convention—

a

where none of the parties is resident in a Contracting State that is not a Member State of the Regional Economic Integration Organisation;

b

as concerns the recognition or enforcement of judgments as between Member States of the Regional Economic Integration Organisation.

Any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to a Regional Economic Integration Organisation that is a Party to it.

Article 30Accession by a Regional Economic Integration Organisation without its Member States

1

At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare that it exercises competence over all the matters governed by this Convention and that its Member States will not be Parties to this Convention but shall be bound by virtue of the signature, acceptance, approval or accession of the Organisation.

2

In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 1, any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to the Member States of the Organisation.

Article 31Entry into force

1

This Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance, approval or accession referred to in Article 27.

2

Thereafter this Convention shall enter into force—

a

for each State or Regional Economic Integration Organisation subsequently ratifying, accepting, approving or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

b

for a territorial unit to which this Convention has been extended in accordance with Article 28, paragraph 1, on the first day of the month following the expiration of three months after the notification of the declaration referred to in that Article.

Article 32Declarations

1

Declarations referred to in Articles 19, 20, 21, 22 and 26 may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.

2

Declarations, modifications and withdrawals shall be notified to the depositary.

3

A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.

4

A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.

5

A declaration under Articles 19, 20, 21 and 26 shall not apply to exclusive choice of court agreements concluded before it takes effect.

Article 33Denunciation

1

This Convention may be denounced by notification in writing to the depositary. The denunciation may be limited to certain territorial units of a non-unified legal system to which this Convention applies.

2

The denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Article 34Notifications by the depositary

The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 27, 29 and 30 of the following—

a

the signatures, ratifications, acceptances, approvals and accessions referred to in Articles 27, 29 and 30;

b

the date on which this Convention enters into force in accordance with Article 31;

c

the notifications, declarations, modifications and withdrawals of declarations referred to in Articles 19, 20, 21, 22, 26, 28, 29 and 30;

d

the denunciations referred to in Article 33.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on 30 June 2005, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Member States of the Hague Conference on Private International Law as of the date of its Twentieth Session and to each State which participated in that Session.

F68SCHEDULE 3FADECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2005 HAGUE CONVENTION

Section 3D(3)(b)

Annotations:

The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.

F58SCHEDULE 3GText of the 2007 Hague Convention

Annotations:

Amendments (Textual)

F58

Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)

Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

(Concluded 23 November 2007)

The States signatory to the present Convention,

Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,

Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,

Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,

Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989

— in all actions concerning children the best interests of the child shall be a primary consideration,
— every child has a right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development,
— the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development, and
— States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,

Have resolved to conclude this Convention and have agreed upon the following provisions—

CHAPTER IOBJECT, SCOPE AND DEFINITIONS

Article 1Object

The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by—

a

establishing a comprehensive system of co-operation between the authorities of the Contracting States;

b

making available applications for the establishment of maintenance decisions;

c

providing for the recognition and enforcement of maintenance decisions; and

d

requiring effective measures for the prompt enforcement of maintenance decisions.

Article 2Scope

1

This Convention shall apply—

a

to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;

b

to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph (a); and

c

with the exception of Chapters II and III, to spousal support.

2

Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 (a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.

3

Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention.

4

The provisions of this Convention shall apply to children regardless of the marital status of the parents.

Article 3Definitions

For the purposes of this Convention—

a

“creditor” means an individual to whom maintenance is owed or is alleged to be owed;

b

“debtor” means an individual who owes or who is alleged to owe maintenance;

c

“legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;

d

“agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;

e

“maintenance arrangement” means an agreement in writing relating to the payment of maintenance which—

i

has been formally drawn up or registered as an authentic instrument by a competent authority; or

ii

has been authenticated by, or concluded, registered or filed with a competent authority, and may be the subject of review and modification by a competent authority;

f

“vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.

CHAPTER IIADMINISTRATIVE CO-OPERATION

Article 4Designation of Central Authorities

1

A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.

2

Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

3

The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.

Article 5General functions of Central Authorities

Central Authorities shall—

a

co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;

b

seek as far as possible solutions to difficulties which arise in the application of the Convention.

Article 6Specific functions of Central Authorities

1

Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall—

a

transmit and receive such applications;

b

initiate or facilitate the institution of proceedings in respect of such applications.

2

In relation to such applications they shall take all appropriate measures—

a

where the circumstances require, to provide or facilitate the provision of legal assistance;

b

to help locate the debtor or the creditor;

c

to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;

d

to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;

e

to facilitate the ongoing enforcement of maintenance decisions, including any arrears;

f

to facilitate the collection and expeditious transfer of maintenance payments;

g

to facilitate the obtaining of documentary or other evidence;

h

to provide assistance in establishing parentage where necessary for the recovery of maintenance;

i

to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;

j

to facilitate service of documents.

3

The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent Bureau of any changes.

4

Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.

Article 7Requests for specific measures

1

A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) (b), (c), (g), (h), (i) and (j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.

2

A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.

Article 8Central Authority costs

1

Each Central Authority shall bear its own costs in applying this Convention.

2

Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7.

3

The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.

CHAPTER IIIAPPLICATIONS THROUGH CENTRAL AUTHORITIES

Article 9Application through Central Authorities

An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.

Article 10Available applications

1

The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention—

a

recognition or recognition and enforcement of a decision;

b

enforcement of a decision made or recognised in the requested State;

c

establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;

d

establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 (b) or (e);

e

modification of a decision made in the requested State;

f

modification of a decision made in a State other than the requested State.

2

The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision—

a

recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;

b

modification of a decision made in the requested State;

c

modification of a decision made in a State other than the requested State.

3

Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 (c) to (f) and 2 (b) and (c) shall be subject to the jurisdictional rules applicable in the requested State.

Article 11Application contents

1

All applications under Article 10 shall as a minimum include—

a

a statement of the nature of the application or applications;

b

the name and contact details, including the address and date of birth of the applicant;

c

the name and, if known, address and date of birth of the respondent;

d

the name and date of birth of any person for whom maintenance is sought;

e

the grounds upon which the application is based;

f

in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;

g

save in an application under Article 10(1) (a) and (2) (a), any information or document specified by declaration in accordance with Article 63 by the requested State;

h

the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.

2

As appropriate, and to the extent known, the application shall in addition in particular include—

a

the financial circumstances of the creditor;

b

the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;

c

any other information that may assist with the location of the respondent.

3

The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) (a) and (2) (a), the application shall be accompanied only by the documents listed in Article 25.

4

An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.

Article 12Transmission, receipt and processing of applications and cases through Central Authorities

1

The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.

2

The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) (a), (b) and (d) and (3) (b) and 30(3).

3

The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.

4

Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.

5

Requesting and requested Central Authorities shall keep each other informed of—

a

the person or unit responsible for a particular case;

b

the progress of the case,

and shall provide timely responses to enquiries.

6

Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.

7

Central Authorities shall employ the most rapid and efficient means of communication at their disposal.

8

A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.

9

The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.

Article 13Means of communication

Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.

Article 14Effective access to procedures

1

The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.

2

To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.

3

The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.

4

Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.

5

No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.

Article 15Free legal assistance for child support applications

1

The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

2

Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) (a) and (b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.

Article 16Declaration to permit use of child-centred means test

a

may be made the subject of an appeal to or review by a judicial authority; and

b

have a similar force and effect to a decision of a judicial authority on the same matter.

4

This Chapter also applies to maintenance arrangements in accordance with Article 30.

5

The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.

Article 20Bases for recognition and enforcement

1

A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if—

a

the respondent was habitually resident in the State of origin at the time proceedings were instituted;

b

the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

c

the creditor was habitually resident in the State of origin at the time proceedings were instituted;

d

the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;

e

except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or

f

the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.

2

A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 (c), (e) or (f).

3

A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.

4

A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) (b).

5

A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 (c), (e) or (f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.

6

A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

Article 21Severability and partial recognition and enforcement

1

If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.

2

Partial recognition or enforcement of a decision can always be applied for.

Article 22Grounds for refusing recognition and enforcement

Recognition and enforcement of a decision may be refused if—

a

recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;

b

the decision was obtained by fraud in connection with a matter of procedure;

c

proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;

d

the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;

e

in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin—

i

when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

ii

when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or

f

the decision was made in violation of Article 18.

Article 23Procedure on an application for recognition and enforcement

1

Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.

2

Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either—

a

refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or

b

if it is the competent authority take such steps itself.

3

Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement.

4

A declaration or registration may be refused only on the ground set out in Article 22 (a). At this stage neither the applicant nor the respondent is entitled to make any submissions.

5

The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.

6

A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.

7

A challenge or appeal may be founded only on the following—

a

the grounds for refusing recognition and enforcement set out in Article 22;

b

the bases for recognition and enforcement under Article 20;

c

the authenticity or integrity of any document transmitted in accordance with Article 25(1) (a), (b) or (d) or (3) (b).

8

A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

9

The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.

10

A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

11

In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

Article 24Alternative procedure on an application for recognition and enforcement

1

Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article.

2

Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either—

a

refer the application to the competent authority which shall decide on the application for recognition and enforcement; or

b

if it is the competent authority, take such a decision itself.

3

A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.

4

The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 (a), (c) and (d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) (c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25.

5

A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

6

Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

7

In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.

Article 27Findings of fact

Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.

Article 28No review of the merits

There shall be no review by any competent authority of the State addressed of the merits of a decision.

Article 29Physical presence of the child or the applicant not required

The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.

The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.

Article 34Enforcement measures

1

Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.

2

Such measures may include—

a

wage withholding;

b

garnishment from bank accounts and other sources;

c

deductions from social security payments;

d

lien on or forced sale of property;

e

tax refund withholding;

f

withholding or attachment of pension benefits;

g

credit bureau reporting;

h

denial, suspension or revocation of various licenses (for example, driving licenses);

i

the use of mediation, conciliation or similar processes to bring about voluntary compliance.

Article 35Transfer of funds

1

Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.

2

A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.

CHAPTER VIIPUBLIC BODIES

Article 36Public bodies as applicants

1

For the purposes of applications for recognition and enforcement under Article 10(1) (a) and (b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.

2

The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.

3

A public body may seek recognition or claim enforcement of—

a

a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;

b

a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.

4

The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.

1

Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation.

2

A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.

3

Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French.

However, a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.

Article 45Means and costs of translation

1

In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.

2

The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.

3

Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.

Article 46Non-unified legal systems—interpretation

1

In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units—

a

any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

b

any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit;

c

any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit;

d

any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;

e

any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;

f

any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;

g

3

During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.

Article 56Transitional provisions

1

The Convention shall apply in every case where—

a

a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State;

b

a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.

2

With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply.

3

The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

Article 57Provision of information concerning laws, procedures and services

1

A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with—

a

a description of its laws and procedures concerning maintenance obligations;

b

a description of the measures it will take to meet the obligations under Article 6;

c

a description of how it will provide applicants with effective access to procedures, as required under Article 14;

d

a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;

e

any specification referred to in Article 25(1) (b) and (3).

2

Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.

3

Information shall be kept up to date by the Contracting States.

CHAPTER IXFINAL PROVISIONS

Article 58Signature, ratification and accession

1

The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session.

2

2

The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Article 65Notification

a

the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;

b

the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;

c

the date on which the Convention enters into force in accordance with Article 60;

d

the declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);

e

the agreements referred to in Article 51(2);

f

the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);

g

the denunciations referred to in Article 64.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.

F69SCHEDULE 3GARESERVATIONS AND DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2007 HAGUE CONVENTION

Section 3E(3)(b)

Annotations:

Amendments (Textual)

F69

Sch. 3GA inserted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), reg. 1(2), Sch. 2

PART 1DECLARATION CONCERNING SPOUSAL SUPPORT

1

Declaration referred to in Article 2(3) of the Convention:

The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.

PART 2RESERVATION CONCERNING USE OF FRENCH

2

Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:

The United Kingdom of Great Britain and Northern Ireland objects to the use of French in communications between Central Authorities.

PART 3DECLARATION CONCERNING APPLICATION CONTENTS

3

Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention:

The United Kingdom of Great Britain and Northern Ireland declares that an application to it under Article 10 of the Convention, other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below:

Application under Article 10(1)(b) of the Convention:

England and Wales

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.

Scotland

Northern Ireland

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.

Application under Article 10(1)(c) of the Convention:

England and Wales

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.

Northern Ireland

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)(d) of the Convention:

England and Wales

Certified copy of decision relevant to Article 20 or Article 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

As for applications under Article 10(1)(c) above.

Northern Ireland

Certified copy of decision relevant to Article 20 or 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)(e) of the Convention:

England and Wales

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

Scotland

Northern Ireland

Application under Article 10(1)(f) of the Convention:

England and Wales

Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

Scotland

Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.

Northern Ireland

Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(2)(b) of the Convention:

England and Wales

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Northern Ireland

Application under Article 10(2)(c) of the Convention:

England and Wales

Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant’s financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.

Northern Ireland

Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

General:

For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).

For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.

PART 4UNILATERAL DECLARATION CONCERNING THE APPLICATION OF THE CONVENTION

4

Unilateral declaration made at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration:

The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.

It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the United Kingdom of Great Britain and Northern Ireland becomes a Contracting State to the Convention.

Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.

F70Schedule 3HText of the 2019 Hague Convention

Annotations:

Amendments (Textual)

F70

Sch. 3H inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), Sch.

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS (Concluded 2 July 2019)

The Contracting Parties to the present Convention,
Desiring to promote effective access to justice for all and to facilitate rule-based multilateral trade and investment, and mobility, through judicial co-operation,
Believing that such co-operation can be enhanced through the creation of a uniform set of core rules on recognition and enforcement of foreign judgments in civil or commercial matters, to facilitate the effective recognition and enforcement of such judgments,
Convinced that such enhanced judicial co-operation requires, in particular, an international legal regime that provides greater predictability and certainty in relation to the global circulation of foreign judgments, and that is complementary to the Convention of 30 June 2005 on Choice of Court Agreements,
Have resolved to conclude this Convention to this effect and have agreed upon the following provisions—

CHAPTER I - SCOPE AND DEFINITIONS
Article 1Scope
1
This Convention shall apply to the recognition and enforcement of judgments in civil or commercial matters. It shall not extend in particular to revenue, customs or administrative matters.
2
This Convention shall apply to the recognition and enforcement in one Contracting State of a judgment given by a court of another Contracting State.
Article 2Exclusions from scope
1
This Convention shall not apply to the following matters—
a
the status and legal capacity of natural persons;
b
maintenance obligations;
c
other family law matters, including matrimonial property regimes and other rights or obligations arising out of marriage or similar relationships;
d
wills and succession;
e
insolvency, composition, resolution of financial institutions, and analogous matters;
f
the carriage of passengers and goods;
g
transboundary marine pollution, marine pollution in areas beyond national jurisdiction, ship-source marine pollution, limitation of liability for maritime claims, and general average;
h
liability for nuclear damage;
i
the validity, nullity, or dissolution of legal persons or associations of natural or legal persons, and the validity of decisions of their organs;
j
the validity of entries in public registers;
k
defamation;
l
privacy;
m
intellectual property;
n
activities of armed forces, including the activities of their personnel in the exercise of their official duties;
o
law enforcement activities, including the activities of law enforcement personnel in the exercise of their official duties;
p
anti-trust (competition) matters, except where the judgment is based on conduct that constitutes an anti-competitive agreement or concerted practice among actual or potential competitors to fix prices, make rigged bids, establish output restrictions or quotas, or divide markets by allocating customers, suppliers, territories or lines of commerce, and where such conduct and its effect both occurred in the State of origin;
q
sovereign debt restructuring through unilateral State measures.
2
A judgment is not excluded from the scope of this Convention where a matter to which this Convention does not apply arose merely as a preliminary question in the proceedings in which the judgment was given, and not as an object of the proceedings. In particular, the mere fact that such a matter arose by way of defence does not exclude a judgment from the Convention, if that matter was not an object of the proceedings.
3
This Convention shall not apply to arbitration and related proceedings.
4
A judgment is not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, was a party to the proceedings.
5
Nothing in this Convention shall affect privileges and immunities of States or of international organisations, in respect of themselves and of their property.
Article 3Definitions
1
In this Convention—
a
“defendant” means a person against whom the claim or counterclaim was brought in the State of origin;
b
“judgment” means any decision on the merits given by a court, whatever that decision may be called, including a decree or order, and a determination of costs or expenses of the proceedings by the court (including an officer of the court), provided that the determination relates to a decision on the merits which may be recognised or enforced under this Convention. An interim measure of protection is not a judgment.
2
An entity or person other than a natural person shall be considered to be habitually resident in the State—
a
where it has its statutory seat;
b
under the law of which it was incorporated or formed;
c
where it has its central administration; or
d
where it has its principal place of business.
CHAPTER II - RECOGNITION AND ENFORCEMENT
Article 4General provisions
1
A judgment given by a court of a Contracting State (State of origin) shall be recognised and enforced in another Contracting State (requested State) in accordance with the provisions of this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention.
2
There shall be no review of the merits of the judgment in the requested State. There may only be such consideration as is necessary for the application of this Convention.
3
A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.
4
Recognition or enforcement may be postponed or refused if the judgment referred to under paragraph 3 is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired. A refusal does not prevent a subsequent application for recognition or enforcement of the judgment.
Article 5Bases for recognition and enforcement
1
A judgment is eligible for recognition and enforcement if one of the following requirements is met—
a
the person against whom recognition or enforcement is sought was habitually resident in the State of origin at the time that person became a party to the proceedings in the court of origin;
b
the natural person against whom recognition or enforcement is sought had their principal place of business in the State of origin at the time that person became a party to the proceedings in the court of origin and the claim on which the judgment is based arose out of the activities of that business;
c
the person against whom recognition or enforcement is sought is the person that brought the claim, other than a counterclaim, on which the judgment is based;
d
the defendant maintained a branch, agency, or other establishment without separate legal personality in the State of origin at the time that person became a party to the proceedings in the court of origin, and the claim on which the judgment is based arose out of the activities of that branch, agency, or establishment;
e
the defendant expressly consented to the jurisdiction of the court of origin in the course of the proceedings in which the judgment was given;
f
the defendant argued on the merits before the court of origin without contesting jurisdiction within the timeframe provided in the law of the State of origin, unless it is evident that an objection to jurisdiction or to the exercise of jurisdiction would not have succeeded under that law;
g
the judgment ruled on a contractual obligation and it was given by a court of the State in which performance of that obligation took place, or should have taken place, in accordance with
i
the agreement of the parties, or
ii
the law applicable to the contract, in the absence of an agreed place of performance,
unless the activities of the defendant in relation to the transaction clearly did not constitute a purposeful and substantial connection to that State;
h
the judgment ruled on a lease of immovable property (tenancy) and it was given by a court of the State in which the property is situated;
i
the judgment ruled against the defendant on a contractual obligation secured by a right in rem in immovable property located in the State of origin, if the contractual claim was brought together with a claim against the same defendant relating to that right in rem;
j
the judgment ruled on a non-contractual obligation arising from death, physical injury, damage to or loss of tangible property, and the act or omission directly causing such harm occurred in the State of origin, irrespective of where that harm occurred;
k
the judgment concerns the validity, construction, effects, administration or variation of a trust created voluntarily and evidenced in writing, and—
i
at the time the proceedings were instituted, the State of origin was designated in the trust instrument as a State in the courts of which disputes about such matters are to be determined; or
ii
at the time the proceedings were instituted, the State of origin was expressly or impliedly designated in the trust instrument as the State in which the principal place of administration of the trust is situated.
This sub-paragraph only applies to judgments regarding internal aspects of a trust between persons who are or were within the trust relationship;
l
the judgment ruled on a counterclaim—
i
to the extent that it was in favour of the counterclaimant, provided that the counterclaim arose out of the same transaction or occurrence as the claim; or
ii
to the extent that it was against the counterclaimant, unless the law of the State of origin required the counterclaim to be filed in order to avoid preclusion;
m
the judgment was given by a court designated in an agreement concluded or documented in writing or by any other means of communication which renders information accessible so as to be usable for subsequent reference, other than an exclusive choice of court agreement.
For the purposes of this sub-paragraph, an “exclusive choice of court agreement” means an agreement concluded by two or more parties that designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, the courts of one State or one or more specific courts of one State to the exclusion of the jurisdiction of any other courts.
2
If recognition or enforcement is sought against a natural person acting primarily for personal, family or household purposes (a consumer) in matters relating to a consumer contract, or against an employee in matters relating to the employee’s contract of employment—
a
paragraph 1(e) applies only if the consent was addressed to the court, orally or in writing;
b
paragraph 1(f), (g) and (m) do not apply.
3
Paragraph 1 does not apply to a judgment that ruled on a residential lease of immovable property (tenancy) or ruled on the registration of immovable property. Such a judgment is eligible for recognition and enforcement only if it was given by a court of the State where the property is situated.
Article 6Exclusive basis for recognition and enforcement
Notwithstanding Article 5, a judgment that ruled on rights in rem in immovable property shall be recognised and enforced if and only if the property is situated in the State of origin.
Article 7Refusal of recognition and enforcement
1
Recognition or enforcement may be refused if—
a
the document which instituted the proceedings or an equivalent document, including a statement of the essential elements of the claim—
i
was not notified to the defendant in sufficient time and in such a way as to enable them to arrange for their defence, unless the defendant entered an appearance and presented their case without contesting notification in the court of origin, provided that the law of the State of origin permitted notification to be contested; or
ii
was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents;
b
the judgment was obtained by fraud;
c
recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State and situations involving infringements of security or sovereignty of that State;
d
the proceedings in the court of origin were contrary to an agreement, or a designation in a trust instrument, under which the dispute in question was to be determined in a court of a State other than the State of origin;
e
the judgment is inconsistent with a judgment given by a court of the requested State in a dispute between the same parties; or
f
the judgment is inconsistent with an earlier judgment given by a court of another State between the same parties on the same subject matter, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.
2
Recognition or enforcement may be postponed or refused if proceedings between the same parties on the same subject matter are pending before a court of the requested State, where—
a
the court of the requested State was seised before the court of origin; and
b
there is a close connection between the dispute and the requested State.
A refusal under this paragraph does not prevent a subsequent application for recognition or enforcement of the judgment.
Article 8Preliminary questions
1
A ruling on a preliminary question shall not be recognised or enforced under this Convention if the ruling is on a matter to which this Convention does not apply or on a matter referred to in Article 6 on which a court of a State other than the State referred to in that Article ruled.
2
Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter to which this Convention does not apply, or on a matter referred to in Article 6 on which a court of a State other than the State referred to in that Article ruled.
Article 9Severability
Recognition or enforcement of a severable part of a judgment shall be granted where recognition or enforcement of that part is applied for, or only part of the judgment is capable of being recognised or enforced under this Convention.
Article 10Damages
1
Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.
2
The court addressed shall take into account whether and to what extent the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.
Article 11Judicial settlements (transactions judiciaires)
Judicial settlements (transactions judiciaires) which a court of a Contracting State has approved, or which have been concluded in the course of proceedings before a court of a Contracting State, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.
Article 12Documents to be produced
1
The party seeking recognition or applying for enforcement shall produce—
a
a complete and certified copy of the judgment;
b
if the judgment was given by default, the original or a certified copy of a document establishing that the document which instituted the proceedings or an equivalent document was notified to the defaulting party;
c
any documents necessary to establish that the judgment has effect or, where applicable, is enforceable in the State of origin;
d
in the case referred to in Article 11, a certificate of a court (including an officer of the court) of the State of origin stating that the judicial settlement or a part of it is enforceable in the same manner as a judgment in the State of origin.
2
If the terms of the judgment do not permit the court addressed to verify whether the conditions of this Chapter have been complied with, that court may require any necessary documents.
3
An application for recognition or enforcement may be accompanied by a document relating to the judgment, issued by a court (including an officer of the court) of the State of origin, in the form recommended and published by the Hague Conference on Private International Law.
4
If the documents referred to in this Article are not in an official language of the requested State, they shall be accompanied by a certified translation into an official language, unless the law of the requested State provides otherwise.
Article 13Procedure
1
The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested State unless this Convention provides otherwise. The court of the requested State shall act expeditiously.
2
The court of the requested State shall not refuse the recognition or enforcement of a judgment under this Convention on the ground that recognition or enforcement should be sought in another State.
Article 14Costs of proceedings
1
No security, bond or deposit, however described, shall be required from a party who in one Contracting State applies for enforcement of a judgment given by a court of another Contracting State on the sole ground that such party is a foreign national or is not domiciled or resident in the State in which enforcement is sought.
2
An order for payment of costs or expenses of proceedings, made in a Contracting State against any person exempt from requirements as to security, bond, or deposit by virtue of paragraph 1 or of the law of the State where proceedings have been instituted, shall, on the application of the person entitled to the benefit of the order, be rendered enforceable in any other Contracting State.
3
A State may declare that it shall not apply paragraph 1 or designate by a declaration which of its courts shall not apply paragraph 1.
Article 15Recognition and enforcement under national law
Subject to Article 6, this Convention does not prevent the recognition or enforcement of judgments under national law.
CHAPTER III - GENERAL CLAUSES
Article 16Transitional provision
This Convention shall apply to the recognition and enforcement of judgments if, at the time the proceedings were instituted in the State of origin, the Convention had effect between that State and the requested State.
Article 17Declarations limiting recognition and enforcement
A State may declare that its courts may refuse to recognise or enforce a judgment given by a court of another Contracting State if the parties were resident in the requested State, and the relationship of the parties and all other elements relevant to the dispute, other than the location of the court of origin, were connected only with the requested State.
Article 18Declarations with respect to specific matters
1
Where a State has a strong interest in not applying this Convention to a specific matter, that State may declare that it will not apply the Convention to that matter. The State making such a declaration shall ensure that the declaration is no broader than necessary and that the specific matter excluded is clearly and precisely defined.
2
With regard to that matter, the Convention shall not apply—
a
in the Contracting State that made the declaration;
b
in other Contracting States, where recognition or enforcement of a judgment given by a court of a Contracting State that made the declaration is sought.
Article 19Declarations with respect to judgments pertaining to a State
1
A State may declare that it shall not apply this Convention to judgments arising from proceedings to which any of the following is a party—
a
that State, or a natural person acting for that State; or
b
a government agency of that State, or a natural person acting for such a government agency.
The State making such a declaration shall ensure that the declaration is no broader than necessary and that the exclusion from scope is clearly and precisely defined. The declaration shall not distinguish between judgments where the State, a government agency of that State or a natural person acting for either of them is a defendant or claimant in the proceedings before the court of origin.
2
Recognition or enforcement of a judgment given by a court of a State that made a declaration pursuant to paragraph 1 may be refused if the judgment arose from proceedings to which either the State that made the declaration or the requested State, one of their government agencies or a natural person acting for either of them is a party, to the same extent as specified in the declaration.
Article 20Uniform interpretation
In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.
Article 21Review of operation of the Convention
The Secretary General of the Hague Conference on Private International Law shall at regular intervals make arrangements for review of the operation of this Convention, including any declarations, and shall report to the Council on General Affairs and Policy.
Article 22Non-unified legal systems
1
In relation to a Contracting State in which two or more systems of law apply in different territorial units with regard to any matter dealt with in this Convention—
a
any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;
b
any reference to the court or courts of a State shall be construed as referring, where appropriate, to the court or courts in the relevant territorial unit;
c
any reference to a connection with a State shall be construed as referring, where appropriate, to a connection with the relevant territorial unit;
d
any reference to a connecting factor in relation to a State shall be construed as referring, where appropriate, to that connecting factor in relation to the relevant territorial unit.
2
Notwithstanding paragraph 1, a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.
3
A court in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a judgment from another Contracting State solely because the judgment has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.
4
This Article shall not apply to Regional Economic Integration Organisations.
Article 23Relationship with other international instruments
1
This Convention shall be interpreted so far as possible to be compatible with other treaties in force for Contracting States, whether concluded before or after this Convention.
2
This Convention shall not affect the application by a Contracting State of a treaty that was concluded before this Convention.
3
This Convention shall not affect the application by a Contracting State of a treaty concluded after this Convention as concerns the recognition or enforcement of a judgment given by a court of a Contracting State that is also a Party to that treaty. Nothing in the other treaty shall affect the obligations under Article 6 towards Contracting States that are not Parties to that treaty.
4
This Convention shall not affect the application of the rules of a Regional Economic Integration Organisation that is a Party to this Convention as concerns the recognition or enforcement of a judgment given by a court of a Contracting State that is also a Member State of the Regional Economic Integration Organisation where—
a
the rules were adopted before this Convention was concluded; or
b
the rules were adopted after this Convention was concluded, to the extent that they do not affect the obligations under Article 6 towards Contracting States that are not Member States of the Regional Economic Integration Organisation.
CHAPTER IV - FINAL CLAUSES
Article 24Signature, ratification, acceptance, approval or accession
1
This Convention shall be open for signature by all States.
2
This Convention is subject to ratification, acceptance or approval by the signatory States.
3
This Convention shall be open for accession by all States.
4
Instruments of ratification, acceptance, approval or accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Article 25Declarations with respect to non-unified legal systems
1
If a State has two or more territorial units in which different systems of law apply in relation to matters dealt with in this Convention, it may declare that the Convention shall extend to all its territorial units or only to one or more of them. Such a declaration shall state expressly the territorial units to which the Convention applies.
2
If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.
3
This Article shall not apply to Regional Economic Integration Organisations.
Article 26Regional Economic Integration Organisations
1
A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by this Convention.
2
The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.
3
For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation declares in accordance with Article 27(1) that its Member States will not be Parties to this Convention.
4
Any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to a Regional Economic Integration Organisation.
Article 27Regional Economic Integration Organisation as a Contracting Party without its Member States
1
At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare that it exercises competence over all the matters governed by this Convention and that its Member States will not be Parties to this Convention but shall be bound by virtue of the signature, acceptance, approval or accession of the Organisation.
2
In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 1, any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to the Member States of the Organisation.
Article 28Entry into force
1
This Convention shall enter into force on the first day of the month following the expiration of the period during which a notification may be made in accordance with Article 29(2) with respect to the second State that has deposited its instrument of ratification, acceptance, approval or accession referred to in Article 24.
2
Thereafter this Convention shall enter into force—
a
for each State subsequently ratifying, accepting, approving or acceding to it, on the first day of the month following the expiration of the period during which notifications may be made in accordance with Article 29(2) with respect to that State;
b
for a territorial unit to which this Convention has been extended in accordance with Article 25 after the Convention has entered into force for the State making the declaration, on the first day of the month following the expiration of three months after the notification of the declaration referred to in that Article.
Article 29Establishment of relations pursuant to the Convention
1
This Convention shall have effect between two Contracting States only if neither of them has notified the depositary regarding the other in accordance with paragraph 2 or 3. In the absence of such a notification, the Convention has effect between two Contracting States from the first day of the month following the expiration of the period during which notifications may be made.
2
A Contracting State may notify the depositary, within 12 months after the date of the notification by the depositary referred to in Article 32(a), that the ratification, acceptance, approval or accession of another State shall not have the effect of establishing relations between the two States pursuant to this Convention.
3
A State may notify the depositary, upon the deposit of its instrument pursuant to Article 24(4), that its ratification, acceptance, approval or accession shall not have the effect of establishing relations with a Contracting State pursuant to this Convention.
4
A Contracting State may at any time withdraw a notification that it has made under paragraph 2 or 3. Such a withdrawal shall take effect on the first day of the month following the expiration of three months following the date of notification.
Article 30Declarations
1
Declarations referred to in Articles 14, 17, 18, 19 and 25 may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.
2
Declarations, modifications and withdrawals shall be notified to the depositary.
3
A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.
4
A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months following the date on which the notification is received by the depositary.
5
A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall not apply to judgments resulting from proceedings that have already been instituted before the court of origin when the declaration takes effect.
Article 31Denunciation
1
A Contracting State to this Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a non-unified legal system to which this Convention applies.
2
The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.
Article 32 Notifications by the depositary
The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded to this Convention in accordance with Articles 24, 26 and 27 of the following—
a
the signatures, ratifications, acceptances, approvals and accessions referred to in Articles 24, 26 and 27;
b
the date on which this Convention enters into force in accordance with Article 28;
c
the notifications, declarations, modifications and withdrawals referred to in Articles 26, 27, 29 and 30; and
d
the denunciations referred to in Article 31.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on the 2nd day of July 2019, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the time of its Twenty-Second Session and to each of the other States which have participated in that Session.

C1F16SCHEDULE 4 CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

Annotations:

Amendments (Textual)

F16

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)

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

F31

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.

F42

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

F53

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

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

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.

F74

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.

F85

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.

F96

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

F597

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

F608

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

F619

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

Jurisdiction over individual contracts of employment

F6210

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

Exclusive jurisdiction

F1011

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

F1112

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 forceF63... if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11.

F1213

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

F1314

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.

F1415

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

F1516

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)

F32

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; F32in 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)

F33

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
F33in 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)

F34

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
  F34in 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)

F35

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.

. . .

F35In 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 F17Insolvency Act 1986 or the F18 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

C22

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 M1Protection 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

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F64the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter, 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 F20admiralty 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 F21section 11 of the Petroleum Act 1998.

F23 Financial Services Act 1986

Annotations:

Amendments (Textual)

F23

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 F22section 415 of the Financial Services and Markets Act 2000.

F47Proceedings by third parties against insurers

Annotations:

Amendments (Textual)

F47

Sch. 5 para. 11 and heading inserted (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(3), 21(2); S.I. 2016/550, art. 2

11

Proceedings under the Third Parties (Rights against Insurers) Act 2010.

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.

C3F25SCHEDULE 8 RULES AS TO JURISDICTION IN SCOTLAND

Annotations:

Amendments (Textual)

F25

Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7

Modifications etc. (not altering text)

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

1

Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.

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

3

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

8

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.

9

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 F26. . . of affiliation and aliment.

2

Proceedings for regulating the custody of children.

F272A

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 F28guardianship 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 F29actions 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 M2Civil 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 F30section 11 of the Petroleum Act 1998.

11

Proceedings under section 6 of the M3Protection 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 F66the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter, implements the convention; and

b

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

X1SCHEDULE 10M4AMENDMENTS 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

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”.

X2SCHEDULE 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)

F442

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

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

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)

F463

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

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)

F457

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

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 M6Administration 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 M7Foreign 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 M9Judgments Extension Act 1868;
“the 1882 Act” means the M10Inferior 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 M11Administration of Justice Act 1920 or Part I of the M12Foreign 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 M13Maintenance 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 M14Foreign 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 M15Administration 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.

X4SCHEDULE 14 Repeals

Section 54.

Annotations:

Editorial Information

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.

SCHEDULES

F49SCHEDULE 1TEXT OF 1968 CONVENTION, AS AMENDED

F49CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERSF49PREAMBLEF49THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

F49TITLE 1SCOPE

F49Article 1

F491

F492

F493

F494

F49TITLE IIJURISDICTION

F49SECTION 1GENERAL PROVISIONS

F49Article 2

F49Article 3

F49Article 4

F49SECTION 2SPECIAL JURISDICTION

F49Article 5

F49Article 6

F49Article 6a

F49SECTION 3JURISDICTION IN MATTERS RELATING TO INSURANCE

F49Article 7

F49Article 8

F49Article 9

F49Article 10

F49Article 11

F49Article 12

F49Article 12a

F49SECTION 4JURISDICTION OVER CONSUMER CONTRACTS

F49Article 13

F49Article 14

F49Article 15

F49SECTION 5EXCLUSIVE JURISDICTION

F49Article 16

F49SECTION 6PROROGATION OF JURISDICTION

F49Article 17

F49Article 18

F49SECTION 7EXAMINATION AS TO JURISDICTION AND ADMISSABILITY

F49Article 19

F49Article 20

F49SECTION 8LIS PENDENS—RELATED ACTIONS

F49Article 21

F49Article 22

F49Article 23

F49SECTION 9PROVISIONAL, INCLUDING PROTECTIVE, MEASURES

F49Article 24

F49TITLE IIIRECOGNITION AND ENFORCEMENT

F49Article 25

F49SECTION 1RECOGNITION

F49Article 26

F49Article 27

F491

F492

F493

F494

F495

F49Article 28

F49Article 29

F49Article 30

F49SECTION 2ENFORCEMENT

F49Article 31

F49Article 32

F491

F492

F49Article 33

F49Article 34

F49Article 35

F49Article 36

F49Article 37

F491

F492

F49Article 38

F49Article 39

F49Article 40

F491

F492

F49Article 41

F49Article 42

F49Article 43

F49Article 44

F49Article 45

F49SECTION 3COMMON PROVISIONS

F49CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

F49PREAMBLE

F49THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,