Regulation 23
1. At the end of rule 6.31 (interpretation)(1) insert—U.K.
“(k)“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.”.
Commencement Information
I1Sch. para. 1 in force at 1.10.2015, see reg. 1(1)
2.—(1) Rule 6.33 (service of the claim form where the permission of the court is not required – out of the United Kingdom)(2) is amended as follows.U.K.
(2) After paragraph (2A) insert—
“(2B) The claimant may serve the claim form on the defendant out of the United Kingdom where each claim against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention.”.
(3) In paragraph (3) for “or the Lugano Convention or the Judgments Regulation” substitute “, the Lugano Convention, the 2005 Hague Convention, or the Judgments Regulation”.
Commencement Information
I2Sch. para. 2 in force at 1.10.2015, see reg. 1(1)
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
5. In rule 25.13(2)(a)(ii) (conditions to be satisfied)(3) after ”Lugano Convention” insert “, a State bound by the 2005 Hague Convention”.U.K.
Commencement Information
I3Sch. para. 5 in force at 1.10.2015, see reg. 1(1)
6. In rule 74.1(5) (scope of Part 74 and interpretation)(4) at the end insert—U.K.
“;
(g)“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.”.
Commencement Information
I4Sch. para. 6 in force at 1.10.2015, see reg. 1(1)
7. In rule 74.3(1) (applications for registration)(5) for subparagraph (c) substitute—U.K.
“(c)sections 4 and 4B of the 1982 Act; and”.
Commencement Information
I5Sch. para. 7 in force at 1.10.2015, see reg. 1(1)
8. In rule 74.4 (evidence in support)(6) after paragraph (5) insert—U.K.
“(5A) Written evidence in support of an application under section 4B of the 1982 Act (registration and enforcement of judgments under the 2005 Hague Convention) must also include any other evidence required by Article 13 of the 2005 Hague Convention.”.
Commencement Information
I6Sch. para. 8 in force at 1.10.2015, see reg. 1(1)
9.—(1) Rule 74.10 (recognition)(7) is amended as follows.U.K.
(2) In paragraph (1), for the words “and the Lugano Convention” substitute “, the Lugano Convention and the 2005 Hague Convention”.
(3) In paragraph (2), for “or the Lugano Convention” substitute “the Lugano Convention or the 2005 Hague Convention”.
Commencement Information
I7Sch. para. 9 in force at 1.10.2015, see reg. 1(1)
10.—(1) In rule 74.11 (authentic instruments and court settlements)(8) in paragraph (b)—U.K.
(i)at the end of subparagraph (ii) omit “and”; and
(ii)at the end of subparagraph (iii) insert—
“; and
(iv)article 12 of the 2005 Hague Convention.”.
Commencement Information
I8Sch. para. 10 in force at 1.10.2015, see reg. 1(1)
Rule 6.31 was substituted by S.I. 2008/2178 and amended by S.I. 2009/3131 and 2014/2948.
Rule 6.33 was substituted by S.I. 2008/2178 and amended by S.I. 2009/3131 and 2014/2948.
Rule 25.13 was inserted by S.I. 2000/221 and amended by S.I. 2002/3219 and 2009/3131.
Rule 74.1 was inserted by S.I.2002/2058 and amended by S.I. 2005/2292, S.I. 2009/3131, S.I. 2014/2948 and S.I. 2014/3299.
Rule 74.3 was inserted by S.I. 2002/2058 and amended by S.I. 2009/3131 and S.I. 2014/2948.
Rule 74.4 was inserted by S.I. 2002/2058 and amended by S.I. 2009/3131 and S.I. 2014/2948.
Rule 74.10 was inserted by S.I. 2002/2058, substituted by S.I. 2009/3131 and amended by S.I. 2014/2948.
Rule 74.11 was inserted by S.I. 2002/2058, substituted by S.I. 2009/3131 and amended by S.I. 2014/2948.