Civil Jurisdiction and Judgments Act 1982

• (2) Sections 15B and 15C apply only if the subject-matter of the proceedings and the nature of the proceedings are within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings).

• (3) Sections 15B to 15E do not apply to proceedings of a description listed in Schedule 5 or to proceedings in Scotland under an enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

15B

• (1) This section applies in relation to proceedings whose subject-matter is a matter relating to a consumer contract where the consumer is domiciled in the United Kingdom.

• (2) The consumer may bring proceedings against the other party to the consumer contract—

• (a) where the other party to the consumer contract is domiciled in the United Kingdom, in the courts of the part of the United Kingdom in which the other party to the consumer contract is domiciled, or

• (b) in the courts for the place where the consumer is domiciled (regardless of the domicile of the other party to the consumer contract).

• (3) Proceedings may be brought against the consumer by the other party to the consumer contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

• (4) Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).

• (5) Subsections (2) and (3) do not affect—

• (a) the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,

• (b) the operation of rule 3(e) or (h)(ii) of Schedule 4, or

• (c) the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.

• (6) Subsections (2) and (3) may be departed from only by an agreement—

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

• (b) which allows the consumer to bring proceedings in courts other than those indicated in this section, or

• (c) which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the United Kingdom and in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part of the United Kingdom, provided that such an agreement is not contrary to the law of that part of the United Kingdom.

• (7) For the purposes of this section, where a consumer enters into a consumer contract with a party who is not domiciled in the United Kingdom, the other party to the contract is deemed to be domiciled in a particular part of the United Kingdom if that party has a branch, agency or establishment in that part of the United Kingdom and the dispute arose out of the operations of that branch, agency or establishment.

15C

• (1) This section applies in relation to proceedings whose subject-matter is a matter relating to an individual contract of employment.

• (2) The employer may be sued by the employee—

• (a) where the employer is domiciled in the United Kingdom, in the courts for the part of the United Kingdom in which the employer is domiciled,

• (b) in the courts for the place in the United Kingdom where or from where the employee habitually carries out the employee's work or last did so (regardless of the domicile of the employer), or

• (c) if the employee does not or did not habitually carry out the employee's work in any one part of the United Kingdom or any one overseas country, in the courts for the place in the United Kingdom where the business which engaged the employee is or was situated (regardless of the domicile of the employer).

• (3) If the employee is domiciled in the United Kingdom, the employer may only sue the employee in the part of the United Kingdom in which the employee is domiciled (regardless of the domicile of the employer).

• (4) Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).

• (5) Subsections (2) and (3) do not affect—

• (a) the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,

• (b) the operation of rule 3(e) of Schedule 4,

• (c) the operation of rule 5(a) of Schedule 4 so far as it permits an employer to be sued by an employee, or

• (d) the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.

• (6) Subsections (2) and (3) may be departed from only by an agreement which—

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

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

• (7) For the purposes of this section, where an employee enters into an individual contract of employment with an employer who is not domiciled in the United Kingdom, the employer is deemed to be domiciled in the relevant part of the United Kingdom if the employer has a branch, agency or other establishment in that part of the United Kingdom and the dispute arose from the operation of that branch, agency or establishment.

15D

• (1) Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of section 15B(6) or 15C(6).

• (2) Even if it would not otherwise have jurisdiction under section 15B or 15C, a court of a part of the United Kingdom before which a defendant enters an appearance has jurisdiction in those proceedings.

• (3) Subsection (2) does not apply where —

• (a) appearance was entered to contest the jurisdiction, or

• (b) another court in the United Kingdom has exclusive jurisdiction by virtue of rule 11 of Schedule 4.

• (4) Subsection (2) does not apply if the defendant is the consumer or employee in relation to the subject-matter of the proceedings, unless the defendant is informed by the court of—

• (a) the defendant's right to contest the jurisdiction, and

• (b) the consequences of entering or not entering an appearance.

• (5) Subsection (6) applies where—

• (a) a defendant domiciled in the United Kingdom is sued in a court of a part of the United Kingdom other than the part in which the defendant is domiciled and does not enter an appearance, and

• (b) the subject-matter of the proceedings is a matter in relation to which section 15B or 15C applies.

• (6) The court must—

• (a) declare of its own motion that it has no jurisdiction, unless it has jurisdiction by virtue of section 15B or 15C or a rule referred to in section 15B(4) or (5) or 15C(4) or (5);

• (b) stay the proceedings so long as it is not shown that—

• (i) the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable the defendant to arrange for the defendant's defence, or

• (ii) all necessary steps have been taken to this end.

• (7) 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, by virtue of section 15B or 15C or this section, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.

15E

• (1) In sections 15A to 15D and this section—

• “consumer”, in relation to a consumer contract, means a person who concludes the contract for a purpose which can be regarded as being outside the person's trade or profession;

• “consumer contract” means—a contract for the sale of goods on instalment credit terms,a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, ora contract which has been concluded with a person who—pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled, orby any means, directs such activities to that part or to other parts of the United Kingdom including that part,and which falls within the scope of such activities,but it does not include a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation or a contract of insurance,

• “defendant” includes defender.

• (2) In determining any question as to the meaning or effect of any provision contained in sections 15A to 15D and this section—

• (a) regard is to be had to any relevant principles laid down before IP completion day by the European Court in connection with Title II of the 1968 Convention or Chapter 2 of the Regulation and to any relevant decision of that court before IP completion day as to the meaning or effect of any provision of that Title or Chapter, and

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

Jurisdiction in other civil proceedings

Recognition of judgments

42A

• (1) This section determines whether a corporation or association is domiciled in the United Kingdom for the purposes of—

• (a) sections 15A to 15E, and

• (b) section 16(1)(b).

• (2) A corporation or association has its domicile in the United Kingdom if and only if—

• (a) its registered office is at a place in the United Kingdom,

• (b) its place of incorporation is in the United Kingdom (in a case where it has no registered office),

• (c) the place under the law of which its formation took place is a place in the United Kingdom (in a case where it has no registered office or place of incorporation),

• (d) its central administration is in the United Kingdom, or

• (e) its principal place of business is in the United Kingdom.

Application to Crown.

SCHEDULE 3D

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children

CHAPTER I — SCOPE OF THE CONVENTION

Article 1

Article 2

Article 3

Article 4

CHAPTER II — JURISDICTION

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

CHAPTER III — APPLICABLE LAW

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

CHAPTER IV — RECOGNITION AND ENFORCEMENT

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

CHAPTER V — CO-OPERATION

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

CHAPTER VI — GENERAL PROVISIONS

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51

Article 52

Article 53

Article 54

Article 55

Article 56

CHAPTER VII — FINAL CLAUSES

Article 57

Article 58

Article 59

Article 60

Article 61

Article 62

Article 63

SCHEDULE 3E

PART 1 — Declaration concerning applicable territorial units

PART 2 — Declaration concerning communication of requests under paragraph 1 of Article 34

PART 3 — Declaration concerning the use of French

SCHEDULE 3F

Convention on Choice of Court Agreements

CHAPTER I — SCOPE AND DEFINITIONS

ARTICLE 1 — Scope

Article 2 — Exclusions from scope

Article 3 — Exclusive choice of court agreements

Article 4 — Other definitions

CHAPTER II — JURISDICTION

Article 5 — Jurisdiction of the chosen court

Article 6 — Obligations of a court not chosen

Article 7 — Interim measures of protection

CHAPTER III — RECOGNITION AND ENFORCEMENT

Article 8 — Registration and enforcement

Article 9 — Refusal of recognition or enforcement

Article 10 — Preliminary questions

Article 11 — Damages

Article 12 — Judicial settlements (transactions judiciaires)

Article 13 — Documents to be produced

Article 14 — Procedure

Article 15 — Severability

CHAPTER IV — GENERAL CLAUSES

Article 16 — Transitional provisions

Article 17 — Contracts of insurance and reinsurance

Article 18 — No legalisation

Article 19 — Declarations limiting jurisdiction

Article 20 — Declarations limiting recognition and enforcement

Article 21 — Declarations with respect to specific matters

Article 22 — Reciprocal declarations on non-exclusive choice of court agreements

Article 23 — Uniform interpretation

Article 24 — Review of operation of the Convention

Article 25 — Non-unified legal systems

Article 26 — Relationship with other international instruments

CHAPTER V — FINAL CLAUSES

Article 27 — Signature, ratification, acceptance, approval or accession

Article 28 — Declarations with respect to non-unified legal systems

Article 29 — Regional Economic Integration Organisations

Article 30 — Accession by a Regional Economic Integration Organisation without its Member States

Article 31 — Entry into force

Article 32 — Declarations

Article 33 — Denunciation

Article 34 — Notifications by the depositary

SCHEDULE 3G

Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

CHAPTER I — OBJECT, SCOPE AND DEFINITIONS

Article 1 — Object

Article 2 — Scope

Article 3 — Definitions

CHAPTER II — ADMINISTRATIVE CO-OPERATION

Article 4 — Designation of Central Authorities

Article 5 — General functions of Central Authorities

Article 6 — Specific functions of Central Authorities

Article 7 — Requests for specific measures

Article 8 — Central Authority costs

CHAPTER III — APPLICATIONS THROUGH CENTRAL AUTHORITIES

Article 9 — Application through Central Authorities

Article 10 — Available applications

Article 11 — Application contents

Article 12 — Transmission, receipt and processing of applications and cases through Central Authorities

Article 13 — Means of communication

Article 14 — Effective access to procedures

Article 15 — Free legal assistance for child support applications

Article 16 — Declaration to permit use of child-centred means test

Article 17 — Applications not qualifying under Article 15 or Article 16

CHAPTER IV — RESTRICTIONS ON BRINGING PROCEEDINGS

Article 18 — Limit on proceedings

CHAPTER V — RECOGNITION AND ENFORCEMENT

Article 19 — Scope of the Chapter

Article 20 — Bases for recognition and enforcement

Article 21 — Severability and partial recognition and enforcement

Article 22 — Grounds for refusing recognition and enforcement

Article 23 — Procedure on an application for recognition and enforcement

Article 24 — Alternative procedure on an application for recognition and enforcement

Article 25 — Documents

Article 26 — Procedure on an application for recognition

Article 27 — Findings of fact

Article 28 — No review of the merits

Article 29 — Physical presence of the child or the applicant not required

Article 30 — Maintenance arrangements

Article 31 — Decisions produced by the combined effect of provisional and confirmation orders

CHAPTER VI — ENFORCEMENT BY THE STATE ADDRESSED

Article 32 — Enforcement under internal law

Article 33 — Non-discrimination

Article 34 — Enforcement measures

Article 35 — Transfer of funds

CHAPTER VII — PUBLIC BODIES

Article 36 — Public bodies as applicants

CHAPTER VIII — GENERAL PROVISIONS

Article 37 — Direct requests to competent authorities

Article 38 — Protection of personal data

Article 39 — Confidentiality

Article 40 — Non-disclosure of information

Article 41 — No legalisation

Article 42 — Power of attorney

Article 43 — Recovery of costs

Article 44 — Language requirements

Article 45 — Means and costs of translation

Article 46 — Non-unified legal systems—interpretation

Article 47 — Non-unified legal systems—substantive rules

Article 48 — Co-ordination with prior Hague Maintenance Conventions

Article 49 — Co-ordination with the 1956 New York Convention

Article 50 — Relationship with prior Hague Conventions on service of documents and taking of evidence

Article 51 — Co-ordination of instruments and supplementary agreements

Article 52 — Most effective rule

Article 53 — Uniform interpretation

Article 54 — Review of practical operation of the Convention

Article 55 — Amendment of forms

Article 56 — Transitional provisions

Article 57 — Provision of information concerning laws, procedures and services

CHAPTER IX — FINAL PROVISIONS

Article 58 — Signature, ratification and accession

Article 59 — Regional Economic Integration Organisations

Article 60 — Entry into force

Article 61 — Declarations with respect to non-unified legal systems

Article 62 — Reservations

Article 63 — Declarations

Article 64 — Denunciation

Article 65 — Notification

Jurisdiction in other civil proceedings

Recognition of judgments

SCHEDULE 3FA

DECLARATIONS CONCERNING INSURANCE CONTRACTS

SCHEDULE 3GA

PART 1 — DECLARATION CONCERNING SPOUSAL SUPPORT

1

Declaration referred to in Article 2(3) of the Convention:

PART 2 — RESERVATION CONCERNING USE OF FRENCH

2

Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

PART 3 — DECLARATION CONCERNING APPLICATION CONTENTS

3

Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

PART 4 — UNILATERAL DECLARATION CONCERNING THE APPLICATION OF THE CONVENTION

4

Unilateral declaration made at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

3F

• (1) The 2019 Hague Convention shall have the force of law in the United Kingdom.

• (2) For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H.

4C

• (1) Any interested party seeking recognition or enforcement of a judgment under the 2019 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 2019 Hague Convention applies, if the court considers that—

• (a) the requirements of Article 12 of the 2019 Hague Convention have been met, and

• (b) the judgment—

• (i) meets the condition in Article 4(3) of the 2019 Hague Convention,

• (ii) meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and

• (iii) otherwise meets the requirements for recognition or enforcement under the 2019 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 2019 Hague Convention may be enforced.

6C

• (1) Either party may apply to set aside a decision on an application under section 4C(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 4(3) of the 2019 Hague Convention is not met,

• (ii) none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or

• (iii) the judgment otherwise does not meet the requirements of the 2019 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 2019 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 4(3) of the 2019 Hague Convention is met,

• (ii) at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,

• (iii) the judgment otherwise meets the requirements of the 2019 Hague Convention, and

• (iv) none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 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 sub-paragraphs (ii) and (iii) of paragraph (a) are met, and

• (iii) one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

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

11C

• (1) For the purposes of the 2019 Hague Convention—

• (a) a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2019 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 2019 Hague Convention State of origin, in the form recommended for use under the 2019 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 12(3) of the 2019 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2019 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.

Schedule 3H