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Part IIIU.K. Jurisdiction in Scotland

20 Rules as to jurisdiction in Scotland.U.K.

(1)Subject to F1... Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.

(2)Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.

(3)[F2Section 43 of the Courts Reform (Scotland) Act 2014 does not apply—]

[F3(a)]F4...in relation to any matter to which Schedule 8 applies.F5...

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 F7 . . .—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F8or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F9or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), [F10the expert reports relating to the 1968 Convention] may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

[F11(6)The requirement in subsection (5)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.]

Textual Amendments

F3Words in s. 20(3) renumbered as s. 20(3)(a) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 4(a)

F6S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)

F7Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)

F8Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)

F9Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)