Civil Jurisdiction and Judgments Act 1982

6 Appeals under Article 37, second paragraph and Article 41. U.K.

(1) The single further appeal on a point of law referred to [F1 in the 1968 Convention and the Lugano Convention] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a) in England and Wales or Northern Ireland, to the Court of Appeal or to the House of Lords in accordance with Part II of the M1 Administration of Justice Act 1969 (appeals direct from the High Court to the House of Lords);

(b) in Scotland, to the Inner House of the Court of Session.

(2) Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the House of Lords in cases where no appeal to that House lies from a decision of the Court of Appeal).

(3) The single further appeal on a point of law referred to [F2 in each of those Conventions] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a maintenance order lies—

(a) in England and Wales, [F3 to a county court in accordance with section 111A] of the M2 Magistrates’ Courts Act 1980;

(b) in Scotland, to the Inner House of the Court of Session;

(c) in Northern Ireland, to the Court of Appeal.

Textual Amendments

F1 Words in s. 6(1) inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para 3(a) (with s. 4); S.I. 1992/745, art.2

F2 Words in s. 6(3) inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para. 3(b) (with s. 4); S.I. 1992/745, art.2

F3 Words in s. 6(3)(a) substituted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 5 (with art. 14)

Modifications etc. (not altering text)

C1 S. 6(1)(2) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

C2 S. 6(3) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Marginal Citations

M1 1969 c. 58.

M2 1980 c. 43.