Part II U.K. Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

[F1 Jurisdiction in consumer and employment matters U.K.

Textual Amendments

F1 Ss. 15A-15E and cross-heading inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 26 (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)

15E Interpretation U.K.

(1) In sections 15A to 15D and this section—

• “consumer”, in relation to a consumer contract, means a person who concludes the contract for a purpose which can be regarded as being outside the person's trade or profession;

• “consumer contract” means—

  (a)

  a contract for the sale of goods on instalment credit terms,

  (b)

  a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or

  (c)

  a contract which has been concluded with a person who—

  (i)

  pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled, or

  (ii)

  by any means, directs such activities to that part or to other parts of the United Kingdom including that part,

  and which falls within the scope of such activities,

  but it does not include a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation or a contract of insurance,

• “defendant” includes defender.

(2) In determining any question as to the meaning or effect of any provision contained in sections 15A to 15D and this section—

(a) regard is to be had to any relevant principles laid down before [F2 IP completion day] by the European Court in connection with Title II of the 1968 Convention or Chapter 2 of the Regulation and to any relevant decision of that court before [F3 IP completion day] as to the meaning or effect of any provision of that Title or Chapter, and

(b) without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and are, so far as relevant, to be given such weight as is appropriate in the circumstances.]

Textual Amendments

F2 Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)

F3 Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)