Civil Jurisdiction and Judgments Act 1982

32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes. U.K.

(1) Subject to the following provisions of this section, a judgment given by a court of an overseas country in any proceedings shall not be recognised or enforced in the United Kingdom if—

(a) the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and

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

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

(2) Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.

(3) In determining whether a judgment given by a court of an overseas country should be recognised or enforced in the United Kingdom, a court in the United Kingdom shall not be bound by any decision of the overseas court relating to any of the matters mentioned in subsection (1) or (2).

(4) Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of—

(a) a judgment which is required to be recognised or enforced there under the 1968 Convention [F1 or the Lugano Convention] [F2 or the Regulation] [F3 or the Maintenance Regulation] [F4 or the 2007 Hague Convention];

(b) a judgment to which Part I of the M1 Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M2 Carriage of Goods by Road Act 1965, section 17(4) of the M3 Nuclear Installations Act 1965, F5 . . . [F6 regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005]F7 . . . or [F8 section 177(4) of the Merchant Shipping Act 1995].

Textual Amendments

F1 Words in s. 32(4)(a) inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para. 14 (with s. 4); S.I. 1992/745, art. 2

F2 Words in s. 32(4)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 14

F3 Words in s. 32(4)(a) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 6, Sch. 4 para. 9

F4 Words in s. 32(4)(a) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 5(3)

F5 Words in s. 32(4)(b) repealed (1.1.1996) by 1995 c. 21, ss. 314(1)(2), 316(2), Schs. 12, 13, para. 66(b)(i) (with ss. 312(1), Sch. 14 para. 1)

F6 Words in s. 32(4) substituted (1.7.2006) by The Railways (Convention on International Carriage by Rail) Regulations 2005 (S.I. 2005/2092), reg. 9(2), Sch. 3 para. 2 (with reg. 9(3))

F7 Words in s. 32(4)(b) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14

F8 Words in s. 32(4)(b) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), Sch. 13 para. 66(b)(ii) (with s. 312(1))

Marginal Citations

M1 1933 c. 13.

M2 1965 c. 37.

M3 1965 c. 57.