Jurisdiction of Courts and Enforcement of Judgments Act 1998

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“the Accession Conventions” means the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention;

“the 1978 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of the State, Denmark and the United Kingdom, signed at Luxembourg on the 9th day of October, 1978;

“the 1982 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention) of the Hellenic Republic, signed at Luxembourg on the 25th day of October, 1982;

“the 1989 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention and the 1982 Accession Convention) of the Kingdom of Spain and the Portuguese Republic, signed at San Sebastian on the 26th day of May, 1989;

“the 1996 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention) of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, signed at Brussels on the 29th day of November, 1996;

“the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the protocol annexed to that Convention), signed at Brussels on the 27th day of September, 1968;

“court” includes a tribunal;

“the European Communities” has the same meaning as in section 1 of the European Communities Act, 1972;

“the European Court” means the Court of Justice of the European Communities;

“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on the 16th day of September, 1988, and includes Protocol 1;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on the 3rd day of June, 1971;

“Protocol 1” means the protocol on certain questions of jurisdiction, procedure and enforcement, signed at Lugano on the 16th day of September, 1988.

(2) In this Act, unless the context otherwise requires, a reference to, or to any provision of, the 1968 Convention or the 1971 Protocol is to the 1968 Convention, the 1971 Protocol or the provision, as amended by—

(a) the 1978 Accession Convention,

(b) the 1982 Accession Convention,

(c) the 1989 Accession Convention, and

(d) the 1996 Accession Convention in so far as it is in force between the State and a state respecting which it has entered into force in accordance with Article 16 of that Convention.

(3) In this Act—

(a) a reference to a section, a Part or a Schedule is to a section or a Part of, or a Schedule to, this Act unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and

(c) a reference to an enactment is to that enactment as amended or modified by any other enactment including this Act.

(4) The collective citation “the Courts (Supplemental Provisions) Acts, 1961 to 1998” shall include sections 7 to 10, 13, 14 and 16 of this Act, and those Acts and those sections shall be construed together as one Act.

3 Texts of Conventions and Protocols.

3.—(1) For convenience of reference, the following texts are set out in the Schedules:

(a) in the First Schedule, the 1968 Convention as amended by—

(i) Titles II and III of the 1978 Accession Convention,

(ii) Titles II and III of the 1982 Accession Convention,

(iii) Titles II and III of, and Annex 1 to, the 1989 Accession Convention, and

(iv) Titles II and III of the 1996 Accession Convention;

(b) in the Second Schedule, the 1971 Protocol as amended by—

(i) Title IV of the 1978 Accession Convention,

(ii) Title IV of the 1982 Accession Convention,

(iii) Title IV of the 1989 Accession Convention, and

(iv) Title IV of the 1996 Accession Convention;

(c) in the Third Schedule, Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention;

(d) in the Fourth Schedule, Titles V and VI of the 1982 Accession Convention;

(e) in the Fifth Schedule, Titles VI and VII of the 1989 Accession Convention;

(f) in the Sixth Schedule, Titles V and VI of the 1996 Accession Convention;

(g) in the Seventh Schedule, the Lugano Convention;

(h) in the Eighth Schedule, Protocol 1.

(2) The texts set out in the Schedules are prepared from—

(a) in the case of the First Schedule and the Second Schedule, the authentic texts, in the English and Irish languages, referred to in Articles 37 and 41 of the 1978 Accession Convention, Article 17 of the 1982 Accession Convention, Article 34 of the 1989 Accession Convention and Article 18 of the 1996 Accession Convention, and

(b) in the case of the remaining Schedules, the authentic texts, in the English language, referred to in the Articles mentioned in paragraph (a) and in Article 68 of the Lugano Convention.

PART II The 1968 Convention and the Accession Conventions

4 Interpretation of this Part.

4.—(1) In this Part, unless the context otherwise requires—

“Contracting State” means a state—

(a) which is—

(i) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands), or

(ii) one of the parties acceding to the 1968 Convention under any of the Accession Conventions (the State, Denmark, the United Kingdom, the Hellenic Republic, the Kingdom of Spain, the Portuguese Republic, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden), and

(b) respecting which—

(i) the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention,

(ii) the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention,

(iii) the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, or

(iv) the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention,

as the case may be;

“the Conventions” means the 1968 Convention, the 1971 Protocol and the Accession Conventions;

“enforceable maintenance order” means—

(a) a maintenance order respecting all of which an enforcement order has been made, or

(b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced;

“enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order—

(a) is made by the Master of the High Court under section 7, or

(b) is made or varied on appeal from a decision of the Master of the High Court under section 7 or from a decision of the High Court relating to the Master’s decision;

“judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the 1968 Convention, and, except in sections 10, 12 and 14, includes—

(a) an instrument or settlement referred to in Title IV of the 1968 Convention, and

(b) an arrangement relating to maintenance obligations concluded with or authenticated by an administrative authority, as referred to in Article 10 of the 1996 Accession Convention;

“maintenance” means maintenance within the meaning of the Conventions;

“maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides;

“maintenance debtor” means, in relation to a maintenance order, the person liable to make payments under the order;

“maintenance order” means a judgment relating to maintenance.

(2) The Minister for Foreign Affairs may, by order, declare—

(a) that any state specified in the order is a Contracting State, or

(b) that a declaration has been made pursuant to Article IV of the 1968 Convention, or a communication has been made pursuant to Article VI of that Convention, to the Secretary General of the Council of the European Communities.

(3) The text of a declaration or communication referred to in subsection (2)(b) shall be set out in the order declaring that the declaration or communication has been made.

(4) An order that is in force under subsection (2) is—

(a) if made under subsection (2)(a), evidence that any state to which the declaration relates is a Contracting State, and

(b) if made under subsection (2)(b), evidence that the declaration pursuant to Article IV or the communication pursuant to Article VI was made and evidence of its contents.

(5) The Minister for Foreign Affairs may, by order, amend or revoke an order made under subsection (2) or this subsection.

5 Conventions to have force of law.

5.—The Conventions shall have the force of law in the State and judicial notice shall be taken of them.

6 Interpretation of Conventions.

6.—(1) Judicial notice shall be taken of—

(a) a ruling or decision of, or expression of opinion by, the European Court on any question about the meaning or effect of a provision of the Conventions, and

(b) the reports listed in subsection (2).

(2) When interpreting a provision of the Conventions, a court may consider the following reports (which are reproduced in the Official Journal of the European Communities) and shall give them the weight that is appropriate in the circumstances:

(a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol[^1];

(b) the report by Professor Peter Schlosser on the 1978 Accession Convention[^2];

(c) the report by Professor Demetrios Evrigenis and Professor K. D. Kerameus on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol[^3];

(d) the report by Mr. Almeida Cruz, Mr. Desantes Real and Mr. P. Jenard on the 1989 Accession Convention[^4].

7 Applications for recognition and enforcement of Community judgments.

7.—(1) An application under the Conventions for the recognition or enforcement in the State of a judgment shall—

(a) be made to the Master of the High Court, and

(b) be determined by the Master by order in accordance with the Conventions.

(2) An order made by the Master of the High Court under subsection (1) may include an order for the recognition or enforcement of only part of a judgment.

8 Enforcement of Community judgments by the High Court.

8.—(1) Subject to section 10 (4) and to the restrictions on enforcement contained in Article 39 of the 1968 Convention, if an enforcement order has been made respecting a judgment—

(a) the judgment shall, to the extent to which its enforcement is authorised by the enforcement order, be of the same force and effect as a judgment of the High Court, and

(b) the High Court has the same powers respecting enforcement of the judgment, and proceedings may be taken on the judgment, as if it were a judgment of that Court.

(2) Subject to subsections (3) and (6), subsection (1) shall apply only to a judgment other than a maintenance order.

(3) On application by the maintenance creditor under an enforceable maintenance order, the Master of the High Court may, by order, declare that the following shall be regarded as being payable under a judgment referred to in subsection (1):

(a) sums which were payable under the maintenance order as periodic payments but were not paid before the relevant enforcement order was made;

(b) a lump sum (not being a sum referred to in paragraph (a)) which is payable under the enforceable maintenance order.

(4) A declaration shall not be made under subsection (3) unless the Master of the High Court considers that by doing so the enforceable maintenance order would be more effectively enforced respecting any sums or sum referred to in that subsection.

(5) If a declaration is made under subsection (3), the sums or sum to which the declaration relates shall be deemed, for the purposes of this Part, to be payable under a judgment referred to in subsection (1) and not otherwise.

(6) A maintenance order shall be regarded as a judgment referred to in subsection (1) if the District Court does not have jurisdiction to enforce the order under section 9(7).

9 Enforcement of Community maintenance orders by the District Court.

9.—(1) Subject to section 10(4) and to the restrictions on enforcement contained in Article 39 of the 1968 Convention, the District Court shall have jurisdiction to enforce an enforceable maintenance order.

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of—

(a) subsection (1),

(b) section 98(1) of the Defence Act, 1954, and

(c) subject to the 1968 Convention, the variation or discharge of that order under section 6 of the Family Law (Maintenance of Spouses and Children) Act, 1976, as amended by the Status of Children Act, 1987,

to be an order made by the District Court under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, as may be appropriate.

(3) Subsections (1) and (2) shall apply even though an amount payable under the enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under the appropriate enactment mentioned in subsection (2).

(4) Where an enforceable maintenance order is varied by a court in a Contracting State other than the State and an enforcement order has been made respecting all or part of the enforceable maintenance order as so varied, or respecting all or part of the order effecting the variation, the enforceable maintenance order shall, from the date on which the variation takes effect, be enforceable in the State only as so varied.

(5) Where an enforceable maintenance order is revoked by a court in a Contracting State other than the State and an enforcement order has been made respecting the order effecting the revocation, the enforceable maintenance order shall, from the date on which the revocation takes effect, cease to be enforceable in the State except in relation to any sums under the order that were payable, but were not paid, on or before that date.

(6) Subject to section 8(3) to (5) of this Act, the following shall be regarded as being payable pursuant to an order made under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976:

(a) any sums that were payable under an enforceable maintenance order but were not paid before the date of the making of the relevant enforcement order;

(b) any costs of or incidental to the application for the enforcement order that are payable under section 10(2) of this Act.

(7) The jurisdiction vested in the District Court by this section may be exercised by the judge of that Court for the time being assigned to—

(a) if the maintenance debtor under an enforceable maintenance order resides in the State, the district court district in which the debtor resides or carries on any profession, business or occupation, or

(b) if the maintenance debtor under an enforceable maintenance order does not reside in the State but is in the employment of an individual residing or having a place of business in the State or of a corporation or association having its seat in the State, the district court district in which that individual resides or that corporation or association has its seat.

(8) Despite anything to the contrary in an enforceable maintenance order, the maintenance debtor shall pay any sum payable under that order to—

(a) in the case referred to in subsection (7)(a), the district court clerk for the district court district in which the debtor for the time being resides, or

(b) in a case referred to in subsection (7)(b), a district court clerk specified by the District Court,

for transmission to the maintenance creditor under the order or, if a public authority has been authorised by the creditor to receive that sum, to that authority.

(9) If a sum payable under an enforceable maintenance order is not duly paid and if the maintenance creditor under the order so requests in writing, the district court clerk concerned shall make an application respecting that sum under—

(a) section 10 (which relates to the attachment of certain earnings) of the Family Law (Maintenance of Spouses and Children) Act, 1976, or

(b) section 8 (which relates to the enforcement of certain maintenance orders) of the Enforcement of Court Orders Act, 1940.

(10) For the purposes of subsection (9)(b), a reference in section 8 of the Enforcement of Court Orders Act, 1940 (other than in subsections (4) and (5) of that section) to an applicant shall be construed as a reference to the district court clerk.

(11) Nothing in this section shall affect the right of a maintenance creditor under an enforceable maintenance order to institute proceedings for the recovery of a sum payable to a district court clerk under subsection (8).

(12) Section 8(7) of the Enforcement of Court Orders Act, 1940, does not apply to proceedings for the enforcement of an enforceable maintenance order.