Civil Jurisdiction and Judgments Act 1982

Special jurisdiction

2 [[Article 5]] Subject to Rules 3 (jurisdiction over consumer contracts), 4 (exclusive jurisdiction) and 5 (prorogation) a person may also be sued—

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

(2) [[Article 5(1)]] in matters relating to a contract, in the courts for the place of performance of the obligation in question ;

(3) [[Article 5(3)]] in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred ;

(4) [[Article 5(4)]] 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 to entertain civil proceedings ;

(5) [[Article 5(2)]] in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action for adherence and aliment or of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person, and provided also that—

(a) where a local authority exercises its power to raise an action under section 44(7)(a) of the [1948 c. 29.] National Assistance Act 1948 or under section 81(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968; and

(b) [1976 c. 71.] where the Secretary of State exercises his power to raise an action under section 19(8)(a) of the Supplementary Benefits Act 1976;

this Rule shall apply as if the reference to the maintenance creditor were a reference to the mother of the child ;

(6) [[Article 5(5)]] 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;

(7) [[Article 5(6)]] in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the [1921 c. 58.] Trusts (Scotland) Act 1921 ;

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

(a) any moveable property belonging to him has been ar rested ; or

(b) any immoveable property in which he has any beneficial interest is situated;

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

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

(11) in proceedings concerning a debt secured over immoveable property, in the courts for the place where the property is situated;

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

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

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

(15) (a) [[Article 4]] where he is one of a number of defenders, in the courts for the place where any one of them is domiciled ;

(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 counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.