Civil Jurisdiction and Judgments Act 1982

Interpretation of the Lugano Convention.

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

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SECTION 2 — ENFORCEMENT

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SECTION 3 — COMMON PROVISIONS

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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—

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

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[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;

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;

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

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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.

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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

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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.

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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.

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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.

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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

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Jurisdiction over individual contracts of employment

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Exclusive jurisdiction

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

• (a)

• (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

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• (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.

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• (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

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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.

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• (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

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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.

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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.

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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)

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 . . .

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

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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;

• (c) the declaration under Article 54 of the Convention, concerning the use of French.

• (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;

• (c) the declaration under Article 11(1)(g) of the Convention, concerning application contents;

• (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.

• (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