[^key-7e02e53c7365bbe982a55fafc37f3cca]: Words in s. 18(2)(f) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(2); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

[^key-23b319b44c9a347abeca057ad54439df]: Words in s. 18(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(a); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

[^key-928eb95e1c479e01f2a5441b55005eed]: Word in s. 18(2)(g) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(b); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

[^key-fff219695c9246feebd0804504379e3b]: Words in s. 18(3) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(4); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

[^key-896361a684ef16a7fe0b9c56729f5078]: S. 18(4ZB) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(5); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

[^key-83f2812f7076abc2e55ecfcbe6d04ffb]: Words in s. 18(5)(d) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(6); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

[^M_F_32d7de3f-5a20-411e-b944-c89eb570ab37]: Words in s. 15C(2)(c) inserted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 3(b)

[^M_F_4ed9e410-1564-4d4b-f971-0469657f2db5]: Words in s. 15C(2)(c) inserted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 3(a)

[^M_F_5d1c3d99-a18c-4825-c58e-eb29bddd5b59]: Words in s. 16(1)(a) substituted in earlier amending provision S.I. 2019/479, reg. 28(2) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(c)(i)

[^M_F_e29f9e9e-bb1c-4a4e-c261-0cd6f451631a]: Words in s. 16(3A) substituted in earlier amending provision S.I. 2019/479, reg. 28(5) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(c)(ii)

[^M_F_0a2b1ca9-a6a1-4779-b9d5-286c4958da3c]: Words in s. 1(1) substituted in earlier amending provision S.I. 2019/479, reg. 6(2)(b)(ii) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(a)

[^M_F_af2b77cd-7014-445e-86b7-e431c3f3ce88]: Words in s. 15A(2) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(i)

[^M_F_1382047e-ad40-4929-cfae-d07d29227a33]: Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)

[^M_F_24028c77-a78f-4f07-e29c-e5aec8f9d66f]: Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)

[^key-39a9e5f161d6111860b1f21c7d44012e]: Sch. 8 para. 2(e) inserted by S.I. 2019/519, Sch. para. 12(14) (as inserted (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(d))

[^key-1d55a0583671a9219b7d38866f64f6bf]: Sch. 3FA inserted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), reg. 1(2), Sch. 1

[^key-f05838a017ff0ec99b3b071afbae9f6b]: Sch. 3GA inserted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), reg. 1(2), Sch. 2

[^key-cef49b03b522a69756634b56ca52e919]: Words in s. 3D(2) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(2)(a)

[^key-8de104090dd517bce0a386b3767278cb]: S. 3D(3) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(2)(b)

[^key-b6f68ae7fa8f34980a32bdb137c6c55f]: S. 3E(2) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(3)(a)

[^key-49edad686652bf075d3480e8044b8fd0]: S. 3E(3) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(3)(b)

[^key-7e3b97b4285bc0c7ce5348ec9e4f8ec1]: Words in s. 18(6)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 47; S.I. 2022/283, reg. 2

[^key-6c67494432eaf59adffd4104e983e294]: S. 41 applied by (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 6(4), 14

[^key-ea331baf5e43e7ba4c2edde9e52321a8]: S. 42 applied by (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 6(4), 14

[^key-6c9d35ba943488f29ccfd668af6f6c45]: Ss. 41, 42 applied (8.8.2022) by Defamation and Malicious Publication (Scotland) Act 2021 (asp 10), ss. 19(5), 39(2) (with s. 19(6)); S.S.I. 2022/154, regs. 1(2), 2

[^key-d10b0a9963a5d1e9a233cee472b3d901]: Words in s. 18(2)(g) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(2); S.I. 2024/269, reg. 4(b)(i)(ii)

[^key-5ef0867215ad5f5d1fceecc88e884968]: S. 18(4ZB)(ba)(bb) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(3)(a); S.I. 2024/269, reg. 4(b)(i)(ii)

[^key-69128f7f518bc75fe459270b57d2a740]: S. 18(4ZB)(da)(db) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(3)(b); S.I. 2024/269, reg. 4(b)(i)(ii)

[^key-cec0a8f535328a3dd243bd186939bd57]: Word in s. 18(5)(d)(i) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(4)(a); S.I. 2024/269, reg. 4(b)(i)(ii)

[^key-8395736976923c7044dd9ec14e23a5ee]: Words in s. 18(5)(d)(i) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(4)(b); S.I. 2024/269, reg. 4(b)(i)(ii)

[^key-3854828c3d72b439c4e02ba94c8e80c3]: S. 18(7) modified (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(4)

[^key-28a7497e68a76d937d1de2cbeb8c0f71]: S. 48(1) applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(5)

[^key-2d0d87d7fa791ef7bf19ddb6929288cb]: S. 7 applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

[^key-517b445554d057ae649775a819e54785]: Words in s. 9 heading inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 11(2)

[^key-e135c201ed58ee807f94d4afa8a7b761]: S. 3F inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 5(1)

[^key-2f398dcbbf1565e99bc0b16cc399651c]: S. 4C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 7

[^key-4a0c7531d299d77b77ae319ab681ef96]: S. 6C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 9

[^key-33d1034395556bf411b4fe70d2cea905]: S. 11C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 12

[^key-2d2866a7aa3abf3c03aa524225f20e79]: Sch. 3H inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), Sch.

[^key-daf40a2f5b1b7829d78ec7b43f997848]: Words in s. 1(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(2)(a)

[^key-615e08ee0f0491be5c1b24ebafa94017]: Words in s. 1(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(2)(b)

[^key-833c408faea4a45c9ed520db9bbac9d9]: Words in s. 1(3) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(3)(a)

[^key-368fd3c8c3ff1c214fb64591a15f6ee6]: Words in s. 1(3) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(3)(b)

[^key-786bbb1575496e8c538bf94eed7e2665]: S. 4B(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(2) (with reg. 20)

[^key-6641bed89748c0081ac890fb576616d6]: S. 4B(3) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(3) (with reg. 20)

[^key-dd1f776afdddf0f9d6d249588bf9b2e8]: Words in s. 4B(5) omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(a) (with reg. 20)

[^key-59be24fc8260e1b72d16fd5fce0c20c6]: Words in s. 4B(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(b) (with reg. 20)

[^key-efa9c5f6c24ecc16b29d5bd67a05bb78]: Words in s. 4B(6) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(5) (with reg. 20)

[^key-4e9a974453115699572538f1bf35daff]: S. 6B substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 8 (with reg. 20)

[^key-ff794cbeea27341a7ada5b6236ad1586]: Words in s. 7(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10

[^key-9a38caf064871c73cd47587aff7e2839]: Words in s. 7(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10

[^key-46bfdaba5249f1f029cbb553001ea004]: Words in s. 9(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 11(3)

[^key-2c5f3091bb79c5b20a942a60ccf6b545]: Words in s. 12 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 13

[^key-3bb1b55db8f1ccf2e961222ce991938b]: Words in s. 15(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 14(2)

[^key-80cae3ce4bdf89025f732ed9797273d1]: Words in s. 15(2) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 14(3)

[^key-1ce0bfd22668afd878be0e0051b53f09]: Words in s. 18(7) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 15 (with reg. 20)

[^key-25d5bc870ae2d4d1920e2090d7bccc18]: Words in s. 32(4)(a) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 16

[^key-89fba8ce14ef588583f93fc4a895fa82]: Words in s. 48(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 17

[^key-59f9041a147f21aaa33fa3112d31d874]: Words in s. 50 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 18

[^key-e5c8cb23a512a791e0b6ad144c28c61f]: S. 4C applied (with modifications) (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)-(3)

[^key-e1f05c68dad7b5d9ec7b81ea4ff53163]: S. 6C applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

[^key-27e750360d201d86b529fa21ba6c5029]: S. 11C applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)

Interpretation of the Lugano Convention.

Appeals under Article 37, second paragraph and Article 41.

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;

Article 1

SECTION 1 — RECOGNITION

4

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

SECTION 2 — ENFORCEMENT

1

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

2

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

1

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

2

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

1

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

2

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

SECTION 3 — COMMON PROVISIONS

1

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

2

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

1

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

2

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

1

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

2

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

3

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

4

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

5

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

1

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

2

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

3

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

1

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

2

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

Article Ve

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 Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention of 27 September 1968 and to this Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Hellenic Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention and the 1982 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention, the 1982 Convention and the 1989 Convention.

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

1

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

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

2

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

3

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

1

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

2

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

1

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

2

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

3

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

1

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

2

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

[Deleted]

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 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.

The Contracting States recognise 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.

TITLE I. SCOPE (Article 1)

Subject to the provisions of thisTitle, persons domiciled in apart of the United Kingdom shall . . . be sued in the courts of thatpart.

Anxious to strengthen in the Community the legal protection of persons therein established;

Subject to the provisions of thisTitle, persons domiciled in apart of the United Kingdom shall . . . be sued in the courts of thatpart.

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 may, without prejudice to the other provisions of this Title, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

Proceedings may be brought against a consumer by the other party to the contract only in the courts of thepart of the United Kingdom in which the consumer is domiciled.

Recognition and enforcement of maintenance orders under the Lugano Convention

Power to modify enactments relating to legal aid etc.

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

Application to Crown.

General

1

Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part.

2

Persons domiciled in a part of the United Kingdom may be sued in the courts of another part of the United Kingdom only by virtue of rules 3 to 13 of this Schedule.

Special jurisdiction

3

A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in matters relating to tort, 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 that court has jurisdiction under its own law to entertain civil proceedings;

(e) 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;

(f) as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the part of the United Kingdom in which the trust is domiciled;

(g) as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question—

(i) has been arrested to secure such payment; or

(ii) could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;

(h) in proceedings—

(i) concerning a debt secured on immovable property; or

(ii) 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 of the part of the United Kingdom in which the property is situated.

4

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 may, without prejudice to the other provisions of this Schedule, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

5

A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—

(a) where he is one of a number of defendants, 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;

(b) 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;

(c) on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

(d) in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the part of the United Kingdom in which the property is situated.

6

Where by virtue of this Schedule a court of a part of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that part, shall also have jurisdiction over claims for limitation of such liability.

Jurisdiction over consumer contracts

7

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

8

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

9

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

Jurisdiction over individual contracts of employment

10

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

Exclusive jurisdiction

11

The following courts shall have exclusive jurisdiction, regardless of domicile :—

(i) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated;

(ii) however, 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 of the part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same part of the United Kingdom;

(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 of the part of the United Kingdom in which 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 of the part of the United Kingdom in which the register is kept;

(d) in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdom in which the judgment has been or is to be enforced.

Prorogation of jurisdiction

12

(1) If the parties have agreed that a court or the courts of a part of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have jurisdiction.

(2) The court or courts of a part of the United Kingdom on which a trust instrument has conferred jurisdiction shall have 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.

(3) 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 11.

13

(1) Apart from jurisdiction derived from other provisions of this Schedule, a court of a part of the United Kingdom before which a defendant enters an appearance shall have jurisdiction.

(2) This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 11.

Examination as to jurisdiction and admissibility

14

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 rule 11, it shall declare of its own motion that it has no jurisdiction.

15

(1) 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 Schedule.

(2) 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.

Provisional, including protective, measures

16

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 Schedule, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.

If the parties . . .have agreed that a court or the courts of apart of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship,and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have . . .jurisdiction . . .

Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.

Application may be made to the courts of apart of the United Kingdom for such provisional, including protective, measures as may be available under the law of thatpart, even if, under thisTitle, the courts of anotherpart of the United Kingdom have jurisdiction as to the substance of the matter.

Jurisdiction over individual contracts of employment

Examination as to jurisdiction and admissibility

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

Domicile of trusts.

. . .

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

TITLE I. SCOPE (Article 1)

Subject to the provisions of thisTitle, persons domiciled in apart of the United Kingdom shall . . . be sued in the courts of thatpart.

Domicile and seat of the Crown.

6

in his capacity as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled;

TITLE I. SCOPE (Article 1)

4B

(1) Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

(2) In subsection (1) “the appropriate court” means—

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

(b) in Scotland, the Court of Session.

(3) On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—

(a) the requirements of Article 13 of the 2005 Hague Convention have been met, and

(b) the judgment—

(i) meets the condition in Article 8(3) of the 2005 Hague Convention, and

(ii) otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.

(4) The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5) Where a judgment ... has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(6) A judgment registered under this section 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 judgment had been originally given by the registering court and had (where relevant) been entered.

(7) Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.

6B

(1) Either party may apply to set aside the decision on an application under section 4B(1).

(2) An application under subsection (1) must be made—

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

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

(3) Where an application under subsection (1) is brought against a decision to register a judgment, the court—

(a) must set aside the decision and refuse to register the judgment if it is satisfied that—

(i) the condition in Article 8(3) of the 2005 Hague Convention is not met, or

(ii) the judgment otherwise does not meet the requirements of the 2005 Hague Convention;

(b) may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies.

(4) Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

(a) must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in Article 8(3) of the 2005 Hague Convention is met,

(ii) the judgment otherwise meets the requirements of the 2005 Hague Convention, and

(iii) none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies;

(b) may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

(i) the condition in paragraph (a)(i) is met,

(ii) the requirements referred to in paragraph (a)(ii) are met, and

(iii) one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

(5) Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.

11B

(1) For the purposes of the 2005 Hague Convention—

(a) a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b) a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.

(2) A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a) to bear the seal of that court; or

(b) to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

(3) Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.

Proceedings by third parties against insurers

11

Proceedings under the Third Parties (Rights against Insurers) Act 2010.

Application to Crown.

Application may be made to the courts of apart of the United Kingdom for such provisional, including protective, measures as may be available under the law of thatpart, even if, under thisTitle, the courts of anotherpart of the United Kingdom have jurisdiction as to the substance of the matter.

The Brussels Conventions to have the force of law.

3C

(1) The 1996 Hague Convention shall have the force of law in the United Kingdom.

(2) For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—

(a) the declaration under Article 29 of the Convention, concerning applicable territorial units;

(b) the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;

(3) For convenience of reference there are set out in Schedules 3D and 3E respectively—

(a) the English text of the 1996 Hague Convention;

(b) the declarations referred to in subsection (2).

3D

(1) The 2005 Hague Convention shall have the force of law in the United Kingdom.

(2) For the purposes of this Act the 2005 Hague Convention is to be read together with the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts.

(3) For convenience of reference there are set out in Schedules 3F and 3FA respectively—

(a) the English text of the 2005 Hague Convention;

(b) the declarations referred to in subsection (2).

3E

(1) The 2007 Hague Convention shall have the force of law in the United Kingdom.

(2) For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—

(a) the declaration under Article 2(3) of the Convention, concerning spousal support;

(b) the reservation under Article 44(3) of the Convention, concerning the use of French;

(d) the unilateral declaration concerning the application of the Convention.

(3) For convenience of reference there are set out in Schedules 3G and 3GA respectively—

(a) the English text of the 2007 Hague Convention;

(b) the reservations and declarations referred to in subsection (2).

Jurisdiction in consumer and employment matters

15A

(1) Sections 15B to 15E make provision about the jurisdiction of courts in the United Kingdom—

(a) in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom;

(b) in matters relating to individual contracts of employment.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.