The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1993

2.  Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 (Title II of 1968 Convention as modified for allocation of jurisdiction within United Kingdom) shall be amended as follows—

(a)in Article 5, at the end of paragraph (1) there shall be inserted the words “in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated;”;

(b)in Article 6, at the end of paragraph (3) there shall be inserted the following new paragraph—

(4) in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the part of the United Kingdom in which the property is situated.;

(c)in Article 16, for paragraph (1) there shall be substituted the following paragraph—

(1) (a) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated;

(b)however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same part of the United Kingdom;;

(d)in Article 17, after the dots at the end there shall be inserted the following—

  • In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defendant’s domicile or those specified in Article 5(1)..