The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015

Appeals in relation to registration of judgments under the 2005 Hague Convention

5.  After section 6A (appeals under Article 44 and Annex IV of the Lugano Convention)(1) insert—

“Appeals in relation to registration of judgments under the 2005 Hague Convention

6B.— (1) A decision on the application for registration of a judgment required to be recognised and enforced under the 2005 Hague Convention may be appealed against by either party.

(2) The appeal referred to in subsection (1) lies—

(a) in England and Wales or Northern Ireland, to the High Court;

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

(3) The court to which an appeal referred to in subsection (1) is brought must refuse or revoke registration only if—

(a) the condition for recognition in Article 8(3) of the 2005 Hague Convention is not met;

(b) the ground for postponement or refusal of recognition in Article 8(4) of the 2005 Hague Convention applies; or

(c) one or more of the grounds specified in Article 9 of the 2005 Hague Convention apply.

(4) A single further appeal on a point of law against the judgment given on the appeal referred to in subsection (1) lies—

(a) in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969(2) (appeals direct from the High Court to the Supreme Court);

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

(5) Paragraph (a) of subsection (4) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that Court lies from a decision of the Court of Appeal).”.

(1)

Section 6A was inserted by S.I. 2009/3131 and amended by section 17(6) of, and Schedule 11 Part 1 paragraph 86(1) and (12) to, the Crime and Courts Act 2013 (c. 22).

(2)

1969 (c. 58).