The Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1995

Made: 18th October 1995

Coming into force: 1st December 1995

At the Court at Buckingham Palace, the 18th day of October 1995 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933[^f00005] and section 9(2) of the Civil Jurisdiction and Judgments Act 1982 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1

This Order shall come into force on 1st December 1995 and may be cited as the Reciprocal Enforcement of Foreign Judgment (Canada) (Amendment) Order 1995.

2

The text of the Convention as set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended as follows:

• (a) after Article I(i) there shall be added the following “(j) “the 1988 Convention” means the Convention of 16th September 1988 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Lugano.”;

• (b) in Article II, paragraph 1, after the words “1968 Convention” there shall be added the words “or to the 1988 Convention.”;

• (c) the following shall be substituted for paragraph 1 of Article IX:

(1) The United Kingdom undertakes, in the circumstances permitted by Article 59 of the 1968 Convention and by Article 59 of the 1988 Convention, not to recognise or enforce under either of those Conventions any judgment given in a third state against a person domiciled or habitually resident in Canada.

3

It is hereby declared that Article IX of the Convention set out in the Schedule to the 1987 Order, the text of which is amended by Article 2 of this Order, is a provision of a convention whereby the United Kingdom assumed an obligation of the kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, opened for signature at Lugano on 16th September 1988.

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

In an Exchange of Notes the Governments of the United Kingdom and Canada agreed to amend the Convention between them on the reciprocal enforcement of judgments to provide for the assumption by the United Kingdom of an obligation of a kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on 16th September 1988, and implemented by the Civil Jurisdiction and Judgments Act 1982, as amended. Under this agreement the United Kingdom undertakes that it will not recognise or enforce judgments given against persons domiciled or habitually resident in Canada by other States parties to the 1988 Convention if the judgment could only have been based on a ground of jurisdiction specified in Article 3 of that Convention (which specifies certain exorbitant grounds of jurisdiction). This Order amends the text of the Convention as set out in the Schedule to the 1987 Order to reflect the Exchange of Notes and makes a declaration in terms of section 9(2) of the 1982 Act.

Footnotes

[^f00001]: The text of the Convention is set out in the Schedule to S.I. 1987/468. That Order has been amended by S.I. 1987/2211, 1988/1304 and 1853, 1989/987, 1991/1724 and 1992/1731.

[^f00002]: 1982 c. 27.

[^f00003]: 1991 c. 12.

[^f00004]: Cmnd. 2894.

[^f00005]: 1933 c. 13.