Civil Jurisdiction and Judgments Act 1982

Apart from jurisdiction derived from other provisions of this Title, a court of a part of the United Kingdom before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7 — Examination as to jurisdiction and admissibility

ARTICLE 19

Where a court of a part of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of another part of the United Kingdom have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

ARTICLE 20

Where a defendant domiciled in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Title.

The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

. . . . . . . . . . . . . .

Section 9 — Provisional, including protective, measures

ARTICLE 24

Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, under this Title, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.

SCHEDULE 5

Proceedings under the Companies Acts

1

Proceedings for the winding up of a company under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989, or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.

Patents, trade marks, designs and similar rights

2

Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.

Protection of Trading Interests Act 1980

3

Proceedings under section 6 of the Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

Appeals etc. from tribunals

4

Proceedings on appeal from, or for review of, decisions of tribunals.

Maintenance and similar payments to local and other public authorities

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings under certain conventions, etc.

6

Proceedings brought in any court in pursuance of—

• (a) any statutory provision which, in the case of any convention to which the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter, implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and

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

Certain Admiralty proceedings in Scotland

7

Proceedings in Scotland in an admiralty action where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestmentin remorad fundandam jurisdictionemof a ship, cargo or freight.

Register of aircraft mortgages

8

Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

Continental Shelf Act 1964

9

Proceedings brought in any court in pursuance of an order under section 11 of the Petroleum Act 1998.

SCHEDULE 6

Preliminary

1

In this Schedule—

• “judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;

• “money provision” means a provision for the payment of one or more sums of money;

• “prescribed” means prescribed by rules of court.

Certificates in respect of judgments

2

• (1) Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any money provisions contained in a judgment may apply for a certificate under this Schedule.

• (2) The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

• (a) in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

• (b) in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

• (c) in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

• (d) in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

• (e) in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3

A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—

• (a) either—

• (i) the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

• (ii) such an appeal having been brought within that time, that appeal has been finally disposed of; and

• (b) enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4

• (1) Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant a certificate in the prescribed form—

• (a) stating the sum or aggregate of the sums (including any costs or expenses) payable under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;

• (b) stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment; and

• (c) containing such other particulars as may be prescribed.

• (2) More than one certificate may be issued under this Schedule (simultaneously or at different times) in respect of the same judgment.

Registration of certificates

5

• (1) Where a certificate has been issued under this Schedule in any part of the United Kingdom, any interested party may, within six months from the date of its issue, apply in the prescribed manner to the proper officer of the superior court in any other part of the United Kingdom for the certificate to be registered in that court.

• (2) In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

• (3) Where an application is duly made under this paragraph to the proper officer of a superior court, he shall register the certificate in that court in the prescribed manner.

General effect of registration

6

• (1) A certificate registered under this Schedule shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the certificate had been a judgment originally given in the registering court and had (where relevant) been entered.

• (2) Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and the conditions subject to which a certificate registered under this Schedule may be enforced.

Costs or expenses

7

Where a certificate is registered under this Schedule, the reasonable costs or expenses of and incidental to the obtaining of the certificate and its registration shall be recoverable as if they were costs or expenses stated in the certificate to be payable under a money provision contained in the original judgment.

Interest

8

• (1) Subject to any provision made under sub-paragraph (2), the debt resulting, apart from paragraph 7, from the registration of the certificate shall carry interest at the rate, if any, stated in the certificate from the date or time so stated.

• (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 sub-paragraph (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

• (3) All such sums as are recoverable by virtue of paragraph 7 carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the certificate.

• (4) Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest.

Stay or sisting of enforcement in certain cases

9

Where a certificate in respect of a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the certificate is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the certificate, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registration of a certificate must or may be set aside

10

Where a certificate has been registered under this Schedule, the registering court—

• (a) shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

• (b) may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment in question was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

SCHEDULE 7

Preliminary

1

In this Schedule—

• “judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;

• “non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money;

• “prescribed” means prescribed by rules of court.

Certified copies of judgments

2

• (1) Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any non-money provisions contained in a judgment may apply for a certified copy of the judgment.

• (2) The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

• (a) in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

• (b) in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

• (c) in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

• (d) in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

• (e) in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3

A certified copy of a judgment shall not be issued under this Schedule unless under the law of the part of the United Kingdom in which the judgment was given—

• (a) either—

• (i) the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

• (ii) such an appeal having been brought within that time, that appeal has been finally disposed of; and

• (b) enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4

• (1) Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant—

• (a) a certified copy of the judgment (including any money provisions or excepted provisions which it may contain); and

• (b) a certificate stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment.

• (2) In sub-paragraph (1)(a) “excepted provision” means any provision of a judgment which is excepted from the application of section 18 by subsection (5) of that section.

• (3) There may be issued under this Schedule (simultaneously or at different times)—

• (a) more than one certified copy of the same judgment; and

• (b) more than one certificate in respect of the same judgment.

Registration of judgments

5

• (1) Where a certified copy of a judgment has been issued under this Schedule in any part of the United Kingdom, any interested party may apply in the prescribed manner to the superior court in any other part of the United Kingdom for the judgment to be registered in that court.

• (2) In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

• (3) An application under this paragraph for the registration of a judgment must be accompanied by—

• (a) a certified copy of the judgment issued under this Schedule; and

• (b) a certificate issued under paragraph 4(1)(b) in respect of the judgment not more than six months before the date of the application.

• (4) Subject to sub-paragraph (5), where an application under this paragraph is duly made to a superior court, the court shall order the whole of the judgment as set out in the certified copy to be registered in that court in the prescribed manner.

• (5) A judgment shall not be registered under this Schedule by the superior court in any part of the United Kingdom if compliance with the non-money provisions contained in the judgment would involve a breach of the law of that part of the United Kingdom.

General effect of registration

6

• (1) The non-money provisions contained in a judgment registered under this Schedule shall, for the purposes of their enforcement, be of the same force and effect, the registering court shall have in relation to their enforcement the same powers, and proceedings for or with respect to their enforcement may be taken, as if the judgment containing them had been originally given in the registering court and had (where relevant) been entered.

• (2) Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and conditions subject to which the non-money provisions contained in a judgment registered under this Schedule may be enforced.

Costs or expenses

7

• (1) Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to—

• (a) the obtaining of the certified copy of the judgment and of the necessary certificate under paragraph 4(1)(b) in respect of it; and

• (b) the registration of the judgment,

shall be recoverable as if on the date of registration there had also been registered in the registering court a certificate under Schedule 6 in respect of the judgment and as if those costs or expenses were costs or expenses stated in that certificate to be payable under a money provision contained in the judgment.

• (2) All such sums as are recoverable by virtue of sub-paragraph (1) shall carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the judgment.

Stay or sisting of enforcement in certain cases

8

Where a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the judgment is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the judgment, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registered judgment must or may be set aside

9

Where a judgment has been registered under this Schedule, the registering court—

• (a) shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

• (b) may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

SCHEDULE 8

General

1

Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.

Special jurisdiction

2

Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction over individual contracts of employment), 5 (exclusive jurisdiction) and 6 (prorogation), a person may also be sued—

• (a) where he has no fixed residence, in a court within whose jurisdiction he is personally cited;

• (b) in matters relating to a contract, in the courts for the place of performance of the obligation in question;

• (c) in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

• (d) as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that the court has jurisdiction to entertain civil proceedings;

• (e) in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

• (g) in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the Trusts (Scotland) Act 1921;

• (ga) in the person's capacity as an executor (where confirmation has been obtained in Scotland)—

• (i) in the Court of Session, or

• (ii) before a sheriff of the sheriffdom in which confirmation was obtained.

• (h) where he is not domiciled in the United Kingdom, in the courts for any place where—

• (i) any movable property belonging to him has been arrested; or

• (ii) any immovable property in which he has any beneficial interest is situated;

• (i) in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated;

• (j) in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;

• (k) in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;

• (l) in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;

• (m) in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;

• (n) in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;

• (o)

• (i) where he is one of a number of defenders, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

• (ii) as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

• (iii) on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

• (p) in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immovable property, in the courts for the place where the property is situated;

• (q) as regards a claim for limitation of liability arising from the use or operation of a ship, in the court having jurisdiction in the action relating to such liability.

Jurisdiction over consumer contracts

3

• (1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, subject to rule 5, jurisdiction shall be determined by this rule if—

• (a) it is a contract for the sale of goods on instalment credit terms; or

• (b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

• (c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in Scotland or, by any means, directs such activities to Scotland or to several places including Scotland, and the contract falls within the scope of such activities.

• (2) This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

• (3) A consumer may bring proceedings against the other party to a contract only in—

• (a) the courts for the place in which that party is domiciled;

• (b) the courts for the place in which he is himself domiciled; or

• (c) any court having jurisdiction by virtue of rule 2(f) or (i).

• (4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i).

• (5) The provisions of this rule shall not affect the right to bring a counterclaim in the court in which, in accordance with this rule, the original claim is pending.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusive jurisdiction

4

• (1) In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 2(f).

• (2) An employer may be sued—

• (a) in the courts for the place where he is domiciled; or

• (b) in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so; or

• (c) if the employee does not or did not habitually carry out his work in any one place, in the courts for the place where the business which engaged the employee is or was situated.

• (3) An employer may bring proceedings only in the courts for the place in which the employee is domiciled.

• (4) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

• (5) The provisions of this rule may be departed from only by an agreement on jurisdiction—

• (a) which is entered into after the dispute has arisen; or

• (b) which allows the employee to bring proceedings in courts other than those indicated in this rule.

Prorogation of jurisdiction

5

• (1) Notwithstanding anything contained in any of rules 1 to 4 above or 6 to 9 below but subject to paragraph (3) below, the following courts shall have exclusive jurisdiction:—

• (a) in proceedings which have as their object rights in rem in, or tenancies of, immovable property, the courts for the place where the property is situated;

• (b) in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts for the place where the company, legal person or association has its seat;

• (c) in proceedings which have as their object the validity of entries in public registers, the courts for the place where the register is kept;

• (d) in proceedings concerned with the enforcement of judgments, the courts for the place where the judgment has been or is to be enforced.

• (2) No court shall exercise jurisdiction in a case where immovable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgment has been or is to be enforced is situated outside Scotland and where paragraph (1) would apply if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland.

• (3) 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 for the place in which the defender is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and tenant are domiciled in Scotland.

6

• (1) If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have jurisdiction.

• (2) Such an agreement conferring jurisdiction shall be either—

• (a) in writing or evidenced in writing; or

• (b) in a form which accords with practices which the parties have established between themselves; or

• (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

• (3) Any communication by electronic means which provides a durable record of the agreement shall be equivalent to “writing”.

• (4) The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

• (5) Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (4) above applies may be brought in any court in Scotland.

• (6) Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

Examination as to jurisdiction and admissibiiity

7

• (1) Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction.

• (2) This rule shall not apply where appearance was entered to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

8

Where a court is seised of a claim which is principally concerned with a matter over which another court has exclusive jurisdiction by virtue of rule 5, or where it is precluded from exercising jurisdiction by rule 5(2), it shall declare of its own motion that it has no jurisdiction.

SCHEDULE 9

1

Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings . . . of affiliation and aliment.

2

Proceedings for regulating the custody of children.

3

Proceedings relating to guardianship of children and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.

4

Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors.

5

Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up.

6

Admiralty actions in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.

7

Commissary proceedings.

8

Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

9

Proceedings under section 7(3) of the Civil Aviation (Eurocontrol) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol).

10

Proceedings brought in pursuance of an order under section 11 of the Petroleum Act 1998.

11

Proceedings under section 6 of the Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

12

Appeals from or review of decisions of tribunals.

13

Proceedings which are not in substance proceedings in which a decree against any person is sought.

14

Proceedings brought in any court in pursuance of—

• (a) any statutory provision which, in the case of any convention to which the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter, implements the convention; and

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

SCHEDULE 10

1

• (1) Section 1 (power to extend Part I to foreign countries giving reciprocal treatment) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) If, in the case of any foreign country, Her Majesty is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to, or to any particular class of, judgments given in the courts of that country or in any particular class of those courts, substantial reciprocity of treatment shall be assured as regards the enforcement in that country of similar judgments given in similar courts of the United Kingdom, She may by Order in Council direct— (a) that this Part of this Act shall extend to that country; (b) that such courts of that country as are specified in the Order shall be recognised courts of that country for the purposes of this Part of this Act ; and (b) that judgments of any such recognised court, or such judgments of any such class so specified, shall, if within subsection (2) of this section, be judgments to which this Part of this Act applies. (2) Subject to subsection (2A) of this section, a judgement of a recognised court is within this subsection if it satisfies the following conditions, namely— (a) it is either final and conclusive as between the judgement debtor and the judgement creditor or requires the former to make an interim payment to the latter ; and (b) there is payable under it a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty ; and (c) it is given after the coming into force of the Order in Council which made that court a recognised court. (2A) The following judgments of a recognised court are not within subsection (2) of this section— (a) a judgement given by that court on appeal from a court which is not a recognised court; (b) a judgement or other instrument which is regarded for the purposes of its enforcement as a judgement of that court but which was given or made in another country ; (c) a judgement given by that court in proceedings founded on a judgement of a court in another country and having as their object the enforcement of that judgement.

.

• (3) After subsection (4) add—

(5) Any Order in Council made under this section before its amendment by the Civil Jurisdiction and Judgments Act 1982 which deems any court of a foreign country to be a superior court of that country for the purposes of this Part of this Act shall (without prejudice to subsection (4) of this section) have effect from the time of the amendment as if it provided for that court to be a recognised court of that country for those purposes, and for any final and conclusive judgement of that court, if within subsection (2) of this section, to be a judgement to which this Part of this Act applies.

.

2

In section 9 (power to make foreign judgment unenforceable in United Kingdom if no reciprocity), in subsection (1) omit “superior” in both places where it occurs.

3

For section 10 (issue of certificates of judgments obtained in the United Kingdom) substitute—

(10) (1) Rules may make provision for enabling any judgement creditor wishing to secure the enforcement in a foreign country to which Part I of this Act extends of a judgement to which this subsection applies, to obtain, subject to any conditions specified in the rules— (a) a copy of the judgement; and (b) a certificate giving particulars relating to the judgement and the proceedings in which it was given. (2) Subsection (1) applies to any judgment given by a court or tribunal in the United Kingdom under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty. (3) In this section “rules”— (a) in relation to judgments given by a court, means rules of court; (b) in relation to judgments given by any other tribunal, means rules or regulations made by the authority having power to make rules or regulations regulating to procedure of that tribunal.

.

4

After section 10 insert—

(10A) The provisions of this Act, except sections 1(5) and 6, shall apply, as they apply to a judgement, in relation to an award in proceedings on an arbitration which has, in pursuance of the law in force in the place where it was made, became enforceable in the same manner as a judgement given by a court in that place.

.

5

• (1) Section 1(1) (interpretation) is amended as follows.

• (2) After the definition of “Country of the original court” insert—

“Court” except in section 10 of this Act, includes a tribunal;

.

• (3) Omit the definition of “Judgments given in the superior courts of the United Kingdom”.

SCHEDULE 11

PART I — ENFORCEMENT OF LUMP SUM ORDERS

Maintenance Orders Act 1950 (c. 37)

1

In section 18(3A) of the Maintenance Orders Act 1950 (order not to be enforced by registering court under that Act if re-registred for enforcement in another court), for “whilst it is registered” substitute “ to the extent that it is for the time being registered ”.

Maintenance Orders Act 1958 (c. 39)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

3

• (1) Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows.

• (2) In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

• (3) After subsection (3) insert—

(3A) Without prejudice to subsection (3), where an order made by a court of summary jurisdiction provides for both the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum the order could be more effectively enforced if it were registred may apply to the original court for the registration of the order so far as it relates, and the court may, if it thinks fit, grant the application. (3B) Where an application under subsection (3A) is granted in the case of an order made by a court of summary jurisdiction, the provisions of this Part shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order.

.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

4

• (1) In section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of orders), after subsection (1) insert—

(1A) The powers conferred by subsection (1) above are not exercisable in relation to so much of a registered order as provides for the payment of a lump sum.

.

• (2) In section 21 of that Act (interpretation of Part I)—

• (a) in paragraph (a) of the definition of “maintenance order” in subsection (1) ; and

• (b) in subsection (2),

for “periodical payment of sums of money” substitute “ payment of a lump sum or the making of periodical payments ”.

PART II — RECOVERY OF INTERESTS ON ARREARS

Maintenance Orders Act 1950 (c. 37)

5

In section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), after subsection (1) (orders to be enforced in the same manner as orders made by the court of registration), insert—

(1A) A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest ; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the proder provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966. (1B) A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if the interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section.

.

Maintenance Orders Act 1958 (c. 39)

6

• (1) The Maintenance Orders Act 1958 is amended as follows.

• (2) After section 2 insert—

(2A) (1) Where, in connection with an application under section 2(3) of this Act for the registration of a magistrates’ court order, the applicant shows in accordance with the rules of court— (a) that the order, though deemed for the purposes of section 1 of this Act to have been made by a magistrates’ court in England, was in fact made in another part of the United Kingdom or in a country or territory outside the United Kingdom ; and (b) that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that part or of that country or territory, recoverable under the order from a particular date or time. then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 2(4)(c) of this Act, it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable. (2) The officer of the court who receives a certificate sent to him under the preceding subsection shall cause the certificate to be registered in that court together with the order to which it relates. (3) Where an order is registered together with a certificate under this section, then , subject to any provision made under the next following subsection, sums payable under the order shall carry interest at the rate specified in the certificate from the date or time so specified. (4) 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 (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date. (5) Except as provided by this section sums payable under registered orders shall not carry interest.

.

• (3) In section 3(1) of that Act (enforcement of registered orders), after “Subject to the provisions of” insert “ section 2A of this Act and ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

7

• (1) The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.

• (2) After section 11 insert—

(11A) (1) Where, in connection with an application under section 11(3) for the registration of an order made by a court of summary jurisdiction, the applicant shows in accordance with the rules of court— (a) that the order, though deemed for the purposes of this Part to have been made by a court of summary jurisdiction in Northern Ireland, was in fact made in a country or territory outside the United Kingdom ; and (b) that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that country or territory, recoverable under the order from a particular date or time, then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 11(4)(c) it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable. (2) The officer of a court who receives a certificate sent to him under subsection (1) shall cause the certificate to be registered in that court together with the order to which it relates. (3) Where an order is registered together with a certificate under this section, then, subject to any provision made under subsection (4), sums payable under the order shall carry interest at the rate specified in the certificate from the date or the time so specified. (4) 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 (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date. (5) Except as provided by this section sums payable under registered order shall not carry interest.

.

• (3) In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”.

• (4) In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.

PART III — RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

8

The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

9

In section 2 (transmission of United Kingdom order for enforcement in reciprocating country)—

• (a) in subsections (1) and (4), after “residing” insert “ or has assets ” ; and

• (b) in subsection (4), after “whereabouts of the payer”, in both places where it occurs, insert “ and the nature and location of his assets in that country ”.

10

In section 6 (registration in United Kingdom of order in reciprocating country)—

• (a) in subsection (2), after “residing” insert “ or has assets ” ; and

• (b) in subsection (4)—

• (i) after “is residing” insert “ or has assets ”;

• (ii) for “so residing” substitute “ residing and has no assets in the jurisdiction of the court ”; and

• (iii) at the end insert “ and the nature and location of his assets ”.

11

In section 8(5) (duty of magistrates’ court and its officers to take prescribed steps for enforcing registered orders), after “enforcing” insert “ or facilitating the enforcment of ”.

12

In section 9 (variation and revocation of orders), after subsection (1A) inserted by paragraph 4(1) of this Schedule, insert—

(1B) The registering court shall not vary or revoke a registered order if neither the payer nor the payee under the order is resident in the United Kingdom.

.

13

• (1) Section 10 (cancellation of registration and transfer of orders) is amended as follows.

• (2) In subsection (2), for “has ceased to reside within the jurisdiction of that court,” substitute “ is not residing in the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, ”.

• (3) In subsection (3), after “residing” insert “ or has assets ”.

• (4) In subsection (5), for “still residing” substitute “ residing or has assets ”.

• (5) In subsection (6)—

• (a) after “is residing” insert “ or has assets ”; and

• (b) for “so residing” insert “ residing and has no assets within the jurisdiction of the court ”.

• (6) In subsection (7)(b), after “payer” insert “ and the nature and location of his assets ”.

14

In section 11(1) (steps to be taken where payer is not residing in the United Kingdom)—

• (a) before “it appears” insert “ at any time ”;

• (b) for the words from “in the United Kingdom” to “therein,” substitute “ and has no assest in the United Kingdom, ”; and

• (c) after “payer” in paragraph (c) insert “ and the nature and location of his assets ”.

15

In section 21(1) (interpretation of Part I), in the definition of “the appropriate court”—

• (i) after “residing”, in the first and second places where it occurs, insert “ or having assets ”;

• (ii) for “the sheriff court” substitute “ a sheriff court ”; and

• (iii) after “residing”, where it last occurs, insert “ or has assets ”.

16

In section 24 (application of Part I to certain order and proceedings under Maintenance Orders (Facilities for Enforcement) Act 1920), in paragraph (a)(i) and (ii), after “residing” insert “ or having assets ”.

17

In section 40 (power to apply Act with modifications by Order in Council)—

• (a) in paragraph (a), omit “against persons in that country or territory” ; and

• (b) in paragraph (b), omit “against persons in the United Kingdom”.

18

In section 47 (interpretation), in subsection (3) (construction of references to a courts’ jurisdiction), after “the reference is” insert “ to assets being located or ” and omit the words “or having ceased to reside”.

SCHEDULE 12

PART I — AMENDMENTS CONSEQUENTIAL ON PART I OF THIS ACT

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

1

In section 150 of the Army Act 1955 and in section 150 of the Air Force Act 1955 (enforcement of maintenance and other orders by deduction from pay), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Naval Discipline Act 1957 (c. 53)

2

In section 101 of the Naval Discipline Act 1957 (service of process in maintenance and other proceedings), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

4

In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies), in subsections (2) and (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Administration of Justice Act 1970 (c. 31)

5

In Schedule 8 to the Administration of Justice Act 1970 (orders which are “maintenance orders” for the purposes of Part II of that Act and Part II of the Maintenance Orders Act 1958), after paragraph 12 insert—

(13) A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.

.

Attachment of Earnings Act 1971 (c. 32)

6

In Schedule 1 to the Attachment of Earnings Act 1971 (orders which are “maintenance orders” for the purposes of that Act), after paragraph 12 insert—

(13) A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.

.

Magistrates’ Courts Act 1980 (c. 43)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

8

• (1) In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order), in paragraph (a), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders ”.

• (2) In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (b) of paragraph (11), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

PART II — AMENDMENTS CONSEQUENTIAL ON SCHEDULE 8

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)

1

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—

(3) This section does not apply— (a) in the case of an agreement entered in to after the dispute in respect of which the agreement is intended to have effect has arisen ; or (b) where the contract is one referred to in Rule 3 of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982.

.

Maintenance Orders Act 1950 (c. 37)

2

In section 15(1)(b) of the Maintenance Orders Act 1950 for the words “for separation and ailment” there shall be substituted the words “ which contains a conclusion for ailment not falling within the scope of paragraph (a)(i) above ”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

3

• (1) In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—

(1) In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.

.

• (2) In subsections (3), (4) and (5) of that section for the words “in which the sheriff has jurisdiction by virtue of” there shall be substituted in each place where they occur the words “ referred to in ”.

Consumer Credit Act 1974 (c. 39)

4

In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—

(3) In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court. (3A) Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely— (a) the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982); (b) the court for the place where the debtor or hirer carries on business ; and (c) where the purposes of the action is to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated. (3B) Subsection (3A) shall not apply— (a) where Rule 3 of Schedule 8 to the Act of 1982 applies; or (b) where the jurisdiction of another court has been prorogated by an agreement entered in to after the dispute has arisen.

.

PART III — AMENDMENTS CONSEQUENTIAL ON SECTION 36

Maintenance Orders Act 1950 (c.37)

1

• (1) The Maintenance Orders Act 1950 is amended as follows.

• (2) In section 18 (enforcement of registered orders), after subsection (3A) insert—

(3B) Notwthstanding subsection (1) above, no court in Northern Ireland in which a maintenance order is registered under this Part of this Act shall enforce that order to the extent that it is for the time being registered in another court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982.

.

• (3) In section 21(2) (evidence admissible before court where order registered)—

• (a) in paragraph (a) after “1958” insert “ or under section 36 of the Civil Jurisdiction and Judgments Act 1982 ” ;

• (b) after “that Act” (twice) insert “ of 1958 ”;

• (c) after paragraph (b) insert—

(c) registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982

.

• (4) In section 24(3) (notice of cancellation of order to be given to other courts interested), after “Part I of the Maintenance Orders Act 1958” insert “ or section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)

2

In section 23(2) of the Maintenance Orders Act 1958 (provisions which extend to Scotland and Northern Ireland) after “section 2” insert “ section 2A ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

3

• (1) The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.

• (2) At the beginning of section 9 (introductory provisions relating to registration in one court of maintenance order made by another) insert “ Without prejudice to section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

• (3) In section 10 (orders to which Part II applies), after subsection (1) insert—

(1A) This Part, except sections 11, 11A and 14(2) and (3), also applies in accordance with section 36 of the Civil Jurisdiction and Judgments Act 1982 to maintenance orders made by a court in England and Wales or Scotland and registered in a court in Northern Ireland under Part II of the Maintenance Orders Act 1950.

.

• (4) In section 13 (variation of orders registered in courts of summary jurisdiction), after subsection (7) insert—

(7A) No application for any variation in respect of a registered order shall be made by the High Court of Justice in England or the Court of Session and registered in that court under section 36 of the Civil Jurisdiction and Judgments Act 1982.

.

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I. 6))

4

In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981, (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add " but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ".

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

5

• (1) In Article 88 of the Magistrates' Courts (Northern Ireland) Order 1981 (definition of " domestic proceedings " for the purposes of that Order)—

• (a) in paragraph (a), delete the words " or the Maintenance Orders Act 1950 " ;

• (b) after paragraph (a) insert—

(aa) in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966

.

• (2) In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (d) of paragraph (11), at the end add—

or under section 36 of the Civil Jurisdiction and Judgments Act 1982

.

SCHEDULE 13

Part I — Commencement

Provisions coming into force on Royal Assent

1

The following provisions come into force on Royal Assent:

Provisions coming into force six weeks after Royal Assent

2

The following provisions come into force at the end of the period of six weeks beginning with the day on which this Act is passed:

Provisions coming into force on a day to be appointed

3

• (1) The other provisions of this Act come into force on such day as the Lord Chancellor and the Lord Advocate may appoint by order made by statutory instrument.

• (2) Different days may be appointed under this paragraph for different purposes.

Part II — Transitional Provisions and Savings

Section 16 and Schedule 4

1

• (1) Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section.

• (2) Nothing in section 16 or Schedule 4 shall preclude the bringing of proceedings in any part of the United Kingdom in connection with a dispute concerning a contract if the parties to the dispute had agreed before the commencement of that section that the contract was to be governed by the law of that part of the United Kingdom.

Section 18 and Schedule 6 and associated repeals

2

• (1) In relation to a judgment a certificate whereof has been registered under the 1868 Act or the 1882 Act before the repeal of that Act by this Act, the 1868 Act or, as the case may be, the 1882 Act shall continue to have effect notwithstanding its repeal.

• (2) Where by virtue of sub-paragraph (1) the 1882 Act continues to have effect in relation to an order to which section 47 of the Fair Employment (Northern Ireland) Act 1976 (damages etc. for unfair discrimination) applies, that section shall continue to have effect in relation to that order notwithstanding the repeal of that section by this Act.

• (3) A certificate issued under Schedule 6 shall not be registered under that Schedule in a part of the United Kingdom if the judgment to which that certificate relates is the subject of a certificate registered in that part under the 1868 Act or the 1882 Act.

• (4) In this paragraph—

• “the 1868 Act” means the Judgments Extension Act 1868;

• “the 1882 Act” means the Inferior Courts Judgments Extension Act 1882;

• “judgment” has the same meaning as in section 18.

Section 18 and Schedule 7

3

Schedule 7 and, so far as it relates to that Schedule, section 18 shall not apply to judgments given before the coming into force of that section.

Section 19

4

Section 19 shall not apply to judgments given before the commencement of that section.

Section 20 and Schedule 8

5

Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.

Section 26

6

The power conferred by section 26 shall not be exercisable in relation to property arrested before the commencement of that section or in relation to bail or other security given—

• (a) before the commencement of that section to prevent the arrest of property; or

• (b) to obtain the release of property arrested before the commencement of that section; or

• (c) in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b).

Section 31

7

Section 31 shall not apply to any judgment—

• (a) which has been registered under Part II of the Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

• (b) in respect of which proceedings at common law for its enforcement have been finally determined before that time.

Section 32 and associated repeal

8

• (1) Section 32 shall not apply to any judgment—

• (a) which has been registered under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 before the time when that section comes into force; or

• (b) in respect of which proceedings at common law for its enforcement have been finally determined before that time.

• (2) Section 4(3)(b) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall continue to have effect, notwithstanding its repeal by this Act, in relation to a judgment registered under Part I of that Act before the commencement of section 32.

Section 33 and associated repeal

9

• (1) Section 33 shall not apply to any judgment—

• (a) which has been registered under Part II of the Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

• (b) in respect of which proceedings at common law for its enforcement have been finally determined before that time.

• (2) The repeal by this Act of words in section 4(2)(a)(i) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall not affect the operation of that provision in relation to a judgment registered under Part I of that Act before the commencement of section 33.

Section 34

10

Section 34 shall not apply to judgments given before the commencement of that section.

SCHEDULE 14

Interpretation of references to the Conventions and Contracting States.

The 1996 Hague Convention to have the force of law

3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration and enforcement of judgments under the 2005 Hague Convention

3B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals under Article 37, second paragraph and Article 41.

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications to set aside decisions on registration of judgments under the 2005 Hague Convention

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions corresponding to 1968 Convention in relation to certain territories.

41A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

TITLE 1 — SCOPE

Article 1

TITLE II — JURISDICTION

SECTION 1 — GENERAL PROVISIONS

Article 2

Article 3

Article 4

SECTION 2 — SPECIAL JURISDICTION

Article 5

Article 6

Article 6a

SECTION 3 — JURISDICTION IN MATTERS RELATING TO INSURANCE

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 12a

SECTION 4 — JURISDICTION OVER CONSUMER CONTRACTS

Article 13

Article 14

Article 15

SECTION 5 — EXCLUSIVE JURISDICTION

Article 16

SECTION 6 — PROROGATION OF JURISDICTION

Article 17

Article 18

SECTION 7 — EXAMINATION AS TO JURISDICTION AND ADMISSABILITY

Article 19

Article 20

SECTION 8 — LIS PENDENS—RELATED ACTIONS

Article 21

Article 22

Article 23

SECTION 9 — PROVISIONAL, INCLUDING PROTECTIVE, MEASURES

Article 24

TITLE III — RECOGNITION AND ENFORCEMENT

Article 25

Section 1 — Recognition

Article 26

Article 27

Article 28

Article 29

Article 30

Section 2 — Enforcement

Article 31

Article 32

1

The application shall be submitted—

• in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

• in Denmark, to the byret,

• in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

• in Greece, to the Mονομελές ΠρωτοδιΧείο,

• in Spain, to the Juzgado de Primera Instancia,

• in France, to the presiding judge of the tribunal de grande instance,

• in Ireland, to the High Court,

• in Italy, to the corte d'appello,

• in Luxembourg, to the presiding judge of the tribunal d'arrondissement,

• in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

• in Portugal, to the Tribunal Judicial de Círculo,

• in the United Kingdom—in England and Wales, to the High Court of Justice, or in the case of maintenance judgment to the Magistrates' Court on transmission by the Secretary of State;in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State.

2

The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.

Article 33

Article 34

Article 35

Article 36

Article 37

1

An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters—

• in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,

• in Denmark, with the landsret,

• in the Federal Republic of Germany, with the Oberlandesgericht,

• in Greece, with the Eφετείο,

• in Spain, with the Audiencia Provincial,

• in France, with the cour d'appel,

• in Ireland, with the High Court,

• in Italy, with the corte d'appello,

• in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,

• in the Netherlands, with the arrondissementsrechtbank,

• in Portugal, with the Tribunal de Relação,

• in the United Kingdom—in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court;in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court.

2

The judgment given on the appeal may be contested only—

• in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

• in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

• in the Federal Republic of Germany, by a Rechtsbeschwerde,

• in Ireland, by an appeal on a point of law to the Supreme Court,

• in Portugal, by an appeal on a point of law,

• in the United Kingdom, by a single further appeal on a point of law.

Article 38

Article 39

Article 40

1

If the application for enforcement is refused, the applicant may appeal—

• in Belgium, to the cour d'appel or hof van beroep,

• in Denmark, to the landsret,

• in the Federal Republic of Germany, to the Oberlandesgericht,

• in Greece, to the Eφετείο,

• in Spain, to the Audiencia Provincial,

• in France, to the court d'appel,

• in Ireland, to the High Court,

• in Italy, to the corte d'appello,

• in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

• in the Netherlands, to the gerechtshof,

• in Portugal, to the Tribunal da Relação,

• in the United Kingdom—in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court;in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court.

2

The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

Article 41

Article 42

Article 43

Article 44

Article 45

Section 3 — Common provisions

Article 46

Article 47

Article 48

Article 49

TITLE IV — AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50

Article 51

TITLE V — GENERAL PROVISIONS

Article 52

Article 53

TITLE VI — TRANSITIONAL PROVISIONS

Article 54

Article 54a

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6

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TITLE VII — RELATIONSHIP TO OTHER CONVENTIONS

Article 55

Article 56

Article 57

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Article 58

Article 59

TITLE VIII — FINAL PROVISIONS

Article 60

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

Article 67

Article 68

ANNEXED PROTOCOL

Article I

Article II

Article III

Article IV

Article V

Article Va

Article Vb

Article Vc

Article Vd

Article VI

The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and of the Protocol annexed to that Convention, signed at Brussels on 27th September 1968, and also on the interpretation of the present Protocol.

The following courts may request the Court of Justice to give preliminary rulings on questions of interpretation—

1

• (0) in Belgium: la Cour de Cassation—het Hof van Cassatie and le Conseil d’État—de Raad van State,

• (0) in Denmark: højesteret,

• (0) in the Federal Republic of Germany: die obersten Gerichtshöfe des Bundes,

• (0) in Greece: the anwtata dikasthria,

• (0) in Spain: el Tribunal Supremo,

• (0) in France: la Cour de Cassation and le Conseil d’État,

• (0) in Ireland: the Supreme Court,

• (0) in Italy: la Corte Suprema di Cassazione,

• (0) in Luxembourg: la Cour supérieure de Justice when sitting as Cour de Cassation,

• (0) in the Netherlands: de Hoge Raad,

• (0) in Portugal: o Supremo Tribunal de Justiça and o Supremo Tribunal Adminstrativo,

• (0) in the United Kingdom: the House of Lords and courts to which application has been made under the second paragraph of Article 37 or under Article 41 of the Convention.

2

The courts of the Contracting States when they are sitting in an appellate capacity.

3

In the cases provided for in Article 37 of the Convention, the courts referred to in that Article.

1

Where a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 is raised in a case pending before one of the courts listed in point 1 of Article 2, that court shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

2

Where such a question is raised before any court referred to in point 2 or 3 of Article 2, that court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a ruling thereon.

1

The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 if judgments given by courts of that State conflict with the interpretation given either by the Court of Justice or in a judgment of one of the courts of another Contracting State referred to in point 1 or 2 of Article 2. The provisions of this paragraph shall apply only to judgments which have becomeres judicata.

2

The interpretation given by the Court of Justice in response to such a request shall not affect the judgments which gave rise to the request for interpretation.

3

The Procurators-General of the Courts of Cassation of the Contracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance with paragraph 1.

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1

Except where this Protocol otherwise provides, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Statute of the Court of Justice annexed thereto, which are applicable when the Court is requested to give a preliminary ruling, shall also apply to any proceedings for the interpretation of the Convention and the other instruments referred to in Article 1.

2

The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.

This Protocol shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

This Protocol shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last signatory State to take this step; provided that it shall at the earliest enter into force at the same time as the Convention of 27th September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.

The Contracting States recognize that any State which becomes a member of the European Economic Community, and to which Article 63 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters applies, must accept the provisions of this Protocol, subject to such adjustments as may be required.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the texts of any provisions of their laws which necessitate an amendment to the list of courts in point 1 of Article 2.

This Protocol is concluded for an unlimited period.

Any Contracting State may request the revision of this Protocol. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

This Protocol, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

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The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention and of the 1971 Protocol in the Dutch, French, German and Italian languages to the Governments of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

This Convention shall enter into force, as between the States which shall have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the original Member States of the Community and one new Member State.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, all seven texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

SCHEDULE 3A

TITLE V — Transitional provisions

Article 12

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TITLE VI — Final Provisions

Article 13

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian languages to the Government of the Hellenic Republic.

Article 14

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 15

This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Hellenic Republic and those States which have put into force the 1978 Convention in accordance with Article 39 of that Convention.

Article 16

The Secretary-General of the Council of the European Communities shall notify the signatory States of:

Article 17

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages, all eight texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

SCHEDULE 3B

TITLE VI — TRANSITIONAL PROVISIONS

Article 29

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2

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TITLE VII — FINAL PROVISIONS

Article 30

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Article 31

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 32

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2

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Article 33

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

Article 34