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Merchant Shipping Act 1995
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- UK Public General Acts
- 1995 c. 21
- SCHEDULE 5A
- Chapter IV
- Recognition and enforcement
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Point in time view as at 17/07/1997.
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Merchant Shipping Act 1995 is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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U.K.[F1 Recognition and enforcement
Textual Amendments
F1Sch. 5A inserted (17.7.1997) by 1997 c. 28, s. 14(2), Sch. 3; S.I. 1997/1539, art. 2, Sch.
Article 40U.K.
1. Any judgement given by a court with jurisdiction in accordance with article 38, which is enforceable in the State of origin where it is no longer subject to ordinary forms of review, shall be recognized in any State Party, except:
(a) where the judgement was obtained by fraud; or
(b) where the defendant was not given reasonable notice and a fair opportunity to present the case.
2. A judgement recognized under paragraph 1 shall be enforceable in each State Party as soon as the formalities required in that State have been complied with. The formalities shall not permit the merits of the case to be re-opened.
3. Subject to any decision concerning the distribution referred to in article 14, paragraph 6, any judgement given against the HNS Fund by a court having jurisdiction in accordance with article 39, paragraphs 1 and 3 shall, when it has become enforceable in the State of origin and is in that State no longer subject to ordinary forms of review, be recognized and enforceable in each State Party.]
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