Civil Jurisdiction and Judgments Act 1982

Part I — Implementation of the Conventions

Main implementing provisions

Interpretation of references to the Conventions and Contracting States

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• (1) In this Act—

• “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 27th September 1968;

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

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

• “the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;

• “the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989

• ...

• the 1996 Hague Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague;

• “the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague;

• “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;

• “the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague;

• ...

• ...

• ...

• “the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) ... as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4) as that Regulation had effect and was applied immediately before IP completion day;

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this Act—

• “2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;

• “2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;

• “2019 Hague Convention State”, in any provision, in the application of that provision in relation to the 2019 Hague Convention, means a State bound by that Convention;

• “Contracting State”, without more, in any provision means—...... in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State; and in the application of the provision in relation to the 2019 Hague Convention, a 2019 Hague Convention State.

• ...

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• ...

• ...

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Conventions to have the force of law

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Interpretation of the Conventions

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Supplementary provisions as to recognition and enforcement of judgments

Enforcement of judgments other than maintenance orders

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Recognition and enforcement of maintenance orders

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Appeals under Article 37, second paragraph and Article 41

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Interest on registered judgments

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• (1) ... Where in connection with an application for registration of a judgment under section ... 4B... , 4C, 6B or 6C the applicant shows—

• (a) that the judgment provides for the payment of a sum of money; and

• (b) that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, ... from the registration of the judgment shall carry interest in accordance with the registered particulars.

• (2) Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) ... Debts under judgments registered under section ... 4B... , 4C, 6B or 6C shall carry interest only as provided by this section.

Currency of payment under registered maintenance orders

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Other supplementary provisions

Provisions supplementary to Title VII of 1968 Convention

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• (1) ... Article 26 of the 2005 Hague Convention and Article 23 of the 2019 Hague Convention (which make provision for the relationship between those Conventions and other conventions to which Contracting States are or may become parties) shall have effect in relation to—

• (a) any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

• (b) any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts

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Proof and admissibility of certain judgments and related documents

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Provision for issue of copies of, and certificates in connection with, U.K. judgments

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Rules of court may make provision for enabling any interested party wishing to secure under ... the 2005 Hague Convention or the 2019 Hague Convention the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

• (a) a copy of the judgment; and

• (b) a certificate giving particulars relating to the judgment and the proceedings in which it was given.

Modifications to cover authentic instruments and court settlements

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Modifications consequential on revision of the Conventions

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Interpretation of Part I and consequential Amendments

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

• “judgment” has the meaning given by ... Article 4(1) of the 2005 Hague Convention or, as the case may be, Article 3(1) of the 2019 Hague Convention;

• ...

• ...

• “prescribed” means prescribed by rules of court.

• (2) References in this Part to a judgment registered under sections ... 4B... , 4C, 6B or 6C include, to the extent of its registration, references to a judgment so registered to a limited extent only.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

Part II — Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

Allocation within U.K. of jurisdiction in certain civil proceedings

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• (1) The provisions set out in Schedule 4 (which contains a modified version of Chapter II of the Regulation) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where—

• (a) the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings); and

• (b) the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in Article 24 of the Regulation (exclusive jurisdiction regardless of domicile).

• (1A) This section and Schedule 4 do not apply for the purposes of determining jurisdiction in proceedings in relation to which section 15B, 15C or 15D(2) applies, except as specified in those sections.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In determining any question as to the meaning or effect of any provision contained in Schedule 4—

• (a) regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention or Chapter II of the Regulation and to any relevant decision of that court as to the meaning or effect of any provision of that Title or that Chapter; and

• (b) without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

• (3A) The requirement in subsection (3)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.

• (4) The provisions of this section and Schedule 4 shall have effect subject to ... ... ... and the 2005 Hague Convention and to the provisions of sections 15B, 15C, 15D and 17.

• (5) In section 15(1)(a) of the Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—

(vi) Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 ; or

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Exclusion of certain proceedings from Schedule 4

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• (1) Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

• (2) Her Majesty may by Order in Council—

• (a) add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and

• (b) remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection).

• (3) An Order in Council under subsection (2)—

• (a) may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and

• (b) may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

• (4) An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Enforcement of U.K. judgments in other parts of U.K

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• (1) In relation to any judgment to which this section applies—

• (a) Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

• (b) Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

• (2) In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

• (a) any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

• (b) any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or the county court;

• (c) any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

• (d) any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

• (e) an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

• (f) an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation ... within the meaning given by section 341 of that Act or an unexplained wealth order made under that Part (see sections 362A and 396A of that Act);

• (g) an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation , a detained property investigation , a frozen funds investigation or a cryptoasset investigation within the meanings given by section 341 of that Act;

and, subject to the following provisions of this section, this section applies to all such judgments.

• (3) Subject to subsections (4) , (4ZA) and (4ZB), this section does not apply to—

• (a) a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;

• (b) a judgment given in proceedings other than civil proceedings;

• (ba) a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section 426 of the Insolvency Act 1986;

• (c) a judgment given in proceedings relating to—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) the obtaining of title to administer the estate of a deceased person;

• (d) an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).

• (4) This section applies, whatever the nature of the proceedings in which it is made, to—

• (a) a decree issued under section 13 of the Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);

• (b) an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the Contempt of Court Act 1981 or section 140 of the Senior Courts Act 1981 (which relate to fines for contempt of court and forfeiture of recognisances).

• (4ZA) This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.

• (4ZB) This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland—

• (a) an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002;

• (b) an order for the forfeiture of money made under section 303Z14 of that Act;

• (ba) a crypto wallet freezing order made under section 303Z37 of that Act;

• (bb) an order for the forfeiture of cryptoassets made under section 303Z41 or 303Z45 of that Act;

• (c) an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

• (d) an order for the forfeiture of money made under paragraph 10Z2 of that Schedule.

• (da) a crypto wallet freezing order made under paragraph 10Z7BB of that Schedule;

• (db) an order for the forfeiture of cryptoassets made under paragraph 10Z7CA or 10Z7CE of that Schedule.

• (4A) This section does not apply as respects—

• (a) the enforcement in Scotland of orders made by the High Court or the county court in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or

• (b) the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of the Proceeds of Crime (Scotland) Act 1995

• (5) This section does not apply to so much of any judgment as—

• (a) is an order to which section 16 of the Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);

• (b) concerns the status or legal capacity of an individual;

• (c) relates to the management of the affairs of a person not capable of managing his own affairs;

• (d) is a provisional (including protective) measure other than an order of any of the following kinds—

• (i) a freezing order of the kind mentioned in paragraph (a) , (ba) , (c) or (da) of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland);