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Civil Jurisdiction and Judgments Act 1982

1982 CHAPTER 27

An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes.

[13th July 1982]

Part IE+W+S+N.I. Implementation of the Conventions

Main implementing provisionsE+W+S+N.I.

1 Interpretation of references to the Conventions and Contracting States.E+W+S+N.I.

(1)In this Act—

  • the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

  • the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

  • the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

  • [F1the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;]

  • [F2the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989]

  • [F3[F4the Brussels Conventions] means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention.]

  • [F5the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16th September 1988 and signed by the United Kingdom on 18th September 1989.]

[F6“the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.]

(2)In this Act, unless the context otherwise requires—

[F7(a)references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention and the 1989 Accession Convention; and]

[F8(b)any reference in any provision to a numbered Article without more is a reference—

(i)to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii)to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.]

[F9(3)[F10In this Act—

  • Contracting State”, without more, in any provision means—

(a)in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; and

(b)in the application of the provision in relation to the Lugano Convention, a Lugano Contracting State;

[F11“Brussels Contracting State” means Denmark (which is not bound by the Regulation, but was one of the parties acceding to the 1968 Convention under the Accession Convention);]]

[F12Lugano Contracting State” means one of the original parties to the Lugano Convention, that is to say—

Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom,

being a State in relation to which that Convention has taken effect in accordance with paragraph 3 or 4 of Article 61.]]

[F13“Regulation State” in any provision, in the application of that provision in relation to the Regulation, has the same meaning as “Member State” in the Regulation, that is all Members States except Denmark.]

[F14(4)Any question arising as to whether it is the Regulation, any of the Brussels Conventions, or the Lugano Convention which applies in the circumstances of a particular case shall be determined as follows—

(a)in accordance with Article 54B of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); and

(b)in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation).]

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Amendments (Textual)

F1Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3

F2Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.

F3Definition in s. 1(1) substituted (1.10.1991) by S.I. 1990/2591, art. 4

F4Words in s. 1(1) substituted (1.5.1992) by virtue of Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 2(2), (with s. 4); S.I. 1992/745, art. 2

F6Definition of “the Regulation” in s. 1(1) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 1(a)

F7S. 1(2)(a) substituted (1.10.1991) by S.I. 1990/2591, art. 5

F9S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

F10Words in s. 1(3) substituted (1.5.1992) by virtue of Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s.2(5), (with s. 4); S.I. 1992/745, art. 2

F11Definition of “Brussels Contracting State” in s. 1(3) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 1(b)(i)

F13Definition of “Regulation State” in s. 1(3) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 1(b)(ii)

2 The [F15[Brussels Conventions]] to have the force of law.E+W+S+N.I.
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Amendments (Textual)

(1) The [F15 Brussels Conventions] shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.

[F16(2)For convenience of reference there are set out in Schedules 1, 2, 3, 3A and 3B respectively the English texts of—

(a)the 1968 Convention as amended by Titles II and III of the Accession Convention and by Titles II and III of the 1982 Accession Convention and by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention;

(b)the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention and by Title IV of the 1989 Accession Convention;

(c)Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d)Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e)Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention and in Article 34 of the 1989 Accession Convention.]

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Amendments (Textual)

F16S. 2(2) substituted (1.10.1991) by S.I. 1990/2591, art. 7

3 Interpretation of the [F17Brussels Conventions].E+W+S+N.I.
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Amendments (Textual)

(1)Any question as to the meaning or effect of any provision of the [F17Brussels Conventions] shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.

(2)Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.

(3)Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely—

(a)the M1reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

(b)the M2report by Professor Peter Schlosser on the Accession Convention, [F18; and

(c)the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention,][F19; and

(d)the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention,]

may be considered in ascertaining the meaning or effect of any provision of the [F17Brussels Conventions] and shall be given such weight as is appropriate in the circumstances.

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Amendments (Textual)

F18S. 3(3)(c) and preceding word inserted by S.I. 1989/1346, art. 8

F19S. 3(3)(d) and preceding word inserted (1.10.1991) by S.I. 1990/2591, art. 8

Marginal Citations

M1O.J.1979 No. C59/1 and 66.

M2O.J.1979 No. C59/71.

[F203A The Lugano Convention to have the force of law.E+W+S+N.I.

(1)The Lugano Convention shall have the force of law in the United Kingdom, and judicial notice shall be taken of it.

(2)For convenience of reference there is set out in Schedule 3C the English text of the Lugano Convention.]

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Amendments (Textual)

[F213B Interpretation of the Lugano Convention.E+W+S+N.I.

(1)In determining any question as to the meaning or effect of a provision of the Lugano Convention, a court in the United Kingdom shall, in accordance with Protocol No. 2 to that Convention, take account of any principles laid down in any relevant decision delivered by a court of any other Lugano Contracting State concerning provisions of the Convention.

(2)Without prejudice to any practice of the courts as to the matters which may be considered apart from this section, the report on the Lugano Convention by Mr. P. Jenard and Mr. G. Möller (which is reproduced in the Official Journal of the Communities of 28th July 1990) may be considered in ascertaining the meaning or effect of any provision of the Convention and shall be given such weight as is appropriate in the circumstances.]

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Amendments (Textual)

Supplementary provisions as to recognition and enforcement of judgmentsE+W+S+N.I.

4 Enforcement of judgments other than maintenance orders.E+W+S+N.I.

(1)A judgment, other than a maintenance order, which is the subject of an application under Article 31 [F22of the 1968 Convention or of the Lugano Convention] for its enforcement in any part of the United Kingdom shall, to the extent that its enforcement is authorised by the appropriate court, be registered in the prescribed manner in that court.

In this subsection “the appropriate court” means the court to which the application is made in pursuance of Article 32 (that is to say, the High Court or the Court of Session).

(2)Where a judgment is 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.

(3)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.

(4)Subsection (3) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under this section may be enforced.

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Amendments (Textual)

Modifications etc. (not altering text)

C1S. 4 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2.

5 Recognition and enforcement of maintenance orders.E+W+S+N.I.

(1)The function of transmitting to the appropriate court an application under Article 31 [F23of the 1968 Convention or of the Lugano Convention] for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged—

[F24(a)as respects England and Wales and Northern Ireland, by the Lord Chancellor; and

(b)as respects Scotland, by the Secretary of State.]

In this subsection “the appropriate court” means the magistrates’ court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32.

(2)Such an application shall be determined in the first instance by the prescribed officer of that court.

(3)Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.

(4)A maintenance order 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 order had been originally made by the registering court.

(5)Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.

[F25(5A)A maintenance order which by virtue of this section is enforceable by a magistrates’ court in England and Wales [F26shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (5B) and (5C) below, be enforceable] in the same manner as a magistrates’ court maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the M3Magistrates’ Courts Act 1980.]

[F27(5B)Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

(4)Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5)The powers of the court are—

(a)the power to order that payments under the order be made directly to [F28a justices’ chief executive];

(b)the power to order that payments under the order be made to [F28a justices’ chief executive] by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under the M4Attachment of Earnings Act 1971 to secure payments under the order.

(6)In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

(7)Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

(a)the court proposes to exercise its power under paragraph (b) of section 76(5) below, and

(5C)In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

(b)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (b) of section 76(5) above.]

(6)A maintenance order which by virtue of this section is enforceable by a magistrates’ court in [F29England and Wales or] Northern Ireland [F30shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (6A) below, be enforceable][F31as an order made by that court to which that article applies].

[F32(6A)Article 98 (enforcement of sums adjudged to be paid) shall have effect—

(a)as if for paragraph (7)(a) there were substituted the following paragraph—

(a) “if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (8C)(b);

(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

(8B)Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

(8C)The powers mentioned in paragraph (8B) are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(8D)In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

(8E)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and]

(7)The payer under a maintenance order registered under this section in a magistrates’ court in England and Wales or Northern Ireland shall give notice of any change of address to the [F33proper officer] of that court.

A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F34level 2 on the standard scale].

[F35(8)In subsection (7) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a magistrates’ court in Northern Ireland, the clerk of the court.]

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Amendments (Textual)

F24S. 5(1)(a)(b) substituted (1.4.1992) by S.I. 1992/709, art. 4(7) (with art. 5(2))

Modifications etc. (not altering text)

C2S. 5 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 3.

C3S. 5(1): functions of the Secretary of State as respects England and Wales transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 4(6)(a)(b) (with art. 5(2))

Marginal Citations

6 Appeals under Article 37, second paragraph and Article 41.E+W+S+N.I.

(1)The single further appeal on a point of law referred to [F36in the 1968 Convention and the Lugano Convention] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the House of Lords in accordance with Part II of the M5Administration of Justice Act 1969 (appeals direct from the High Court to the House of Lords);

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

(2)Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the House of Lords in cases where no appeal to that House lies from a decision of the Court of Appeal).

(3)The single further appeal on a point of law referred to [F37in each of those Conventions] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a maintenance order lies—

(a)in England and Wales, to the High Court by way of case stated in accordance with section 111 of the M6Magistrates’ Courts Act 1980;

(b)in Scotland, to the Inner House of the Court of Session;

(c)in Northern Ireland, to the Court of Appeal.

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Amendments (Textual)

Modifications etc. (not altering text)

C4S. 6(1)(2) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

C5S. 6(3) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Marginal Citations

7 Interest on registered judgments.E+W+S+N.I.

(1)Subject to subsection (4), where in connection with an application for registration of a judgment under section 4 or 5 the applicant shows—

(a)that the judgment provides for the payment of a sum of money; and

(b)that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, apart from section 4(2), from the registration of the judgment shall carry interest in accordance with the registered particulars.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(3)Costs or expenses recoverable by virtue of section 4(2) shall carry interest as if they were the subject of an order for the payment of costs or expenses made by the registering court on the date of registration.

(4)Interest on arrears of sums payable under a maintenance order registered under section 5 in a magistrates’ court in England and Wales or Northern Ireland shall not be recoverable in that court, but without prejudice to the operation in relation to any such order of section 2A of the M7Maintenance Orders Act 1958 or section 11A of the M8Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (which enable interest to be recovered if the order is re-registered for enforcement in the High Court).

(5)Except as mentioned in subsection (4), debts under judgments registered under section 4 or 5 shall carry interest only as provided by this section.

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Modifications etc. (not altering text)

C6S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Marginal Citations

8 Currency of payment under registered maintenance orders.E+W+S+N.I.

(1)Sums payable in the United Kingdom under a maintenance order by virtue of its registration under section 5, including any arrears so payable, shall be paid in the currency of the United Kingdom.

(2)Where the order is expressed in any other currency, the amounts shall be converted on the basis of the exchange rate prevailing on the date of registration of the order.

(3)For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be evidence, and in Scotland sufficient evidence, of the facts stated.

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Modifications etc. (not altering text)

C7S. 8 applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Other supplementary provisionsE+W+S+N.I.

9 Provisions supplementary to Title VII of 1968 Convention.E+W+S+N.I.

(1)The provisions of Title VII of the 1968 Convention [F38and, apart from Article 54B, of Title VII of the Lugano Convention] (relationship between [F39the Convention in question] and other conventions to which Contracting States are or may become parties) shall have effect in relation to—

(a)any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

(b)any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

F40(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Her Majesty may by Order in Council declare a provision of a convention entered into by the United Kingdom to be a provision whereby the United Kingdom assumed an obligation of a kind provided for in Article 59 (which allows a Contracting State to agree with a third State to withhold recognition in certain cases from a judgment given by a court in another Contracting State which took jurisdiction on one of the grounds mentioned in the second paragraph of Article 3).

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Amendments (Textual)

F40S. 9(1A) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 2

10 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.E+W+S+N.I.

(1)The provisions of this section have effect for the purpose of allocating within the United Kingdom jurisdiction in certain proceedings in respect of which the 1968 Convention [F41or the Lugano Convention] confers jurisdiction on the courts of the United Kingdom generally and to which section 16 does not apply.

(2)Any proceedings which by virtue of Article 5(6) (trusts) are brought in the United Kingdom shall be brought in the courts of the part of the United Kingdom in which the trust is domiciled.

(3)Any proceedings which by virtue of the first paragraph of Article 14 (consumer contracts) are brought in the United Kingdom by a consumer on the ground that he is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.

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Amendments (Textual)

11 Proof and admissibility of certain judgments and related documents.E+W+S+N.I.

(1)For the purposes of the 1968 Convention [F42and the Lugano Convention]

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

(b)the original or a copy of any such document as is mentioned in Article 46(2) or 47 (supporting documents to be produced by a party seeking recognition or enforcement of a judgment) shall be evidence, and in Scotland sufficient evidence, of any matter to which it relates.

(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 his capacity as a 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C8S. 11 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 4.

12 Provision for issue of copies of, and certificates in connection with, U.K. judgments.E+W+S+N.I.

Rules of court may make provision for enabling any interested party wishing to secure under the 1968 Convention [F43or the Lugano Convention] the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgment; and

(b)a certificate giving particulars relating to the judgment and the proceedings in which it was given.

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Amendments (Textual)

Modifications etc. (not altering text)

C9S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.

13 Modifications to cover authentic instruments and court settlements.E+W+S+N.I.

(1)Her Majesty may by Order in Council provide that—

(a)any provision of this Act relating to the recognition or enforcement in the United Kingdom or elsewhere of judgments to which the 1968 Convention [F44or the Lugano Convention] applies; and

(b)any other statutory provision, whenever passed or made, so relating,

shall apply, with such modifications as may be specified in the Order, in relation to documents and settlements within Title IV of the 1968 Convention [F45or, as the case may be, Title IV of the Lugano Convention] (authentic instruments and court settlements enforceable in the same manner as judgments) as if they were judgments to which [F46the Convention in question] applies.

(2)An Order in Council under this section may make different provision in relation to different descriptions of documents and settlements.

(3)Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

14 Modifications consequential on revision of the Conventions.E+W+S+N.I.

(1)If at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of [F47the Lugano Convention or any of the Brussels Conventions], including in particular any revision connected with the accession to [F48the Lugano Convention or] the 1968 Convention of one or more further states, Her Majesty may by Order in Council make such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate in consequence of the revision.

(2)An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

(3)In this section “revision” means an omission from, addition to or alteration of any of the Conventions and includes replacement of [F47the Lugano Convention or any of the Brussels Conventions] to any extent by another convention, protocol or other description of international agreement.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

15 Interpretation of Part I and consequential amendments.E+W+S+N.I.

(1)In this Part, unless the context otherwise requires—

  • judgment” has the meaning given by Article 25;

  • maintenance order” means a maintenance judgment within the meaning of the 1968 Convention [F49or, as the case may be, the Lugano Convention];

  • payer”, in relation to a maintenance order, means the person liable to make payments for which the order provides;

  • prescribed” means prescribed by rules of court.

(2)References in this Part to a judgment registered under section 4 or 5 include, to the extent of its registration, references to a judgment so registered to a limited extent only.

(3)Anything authorised or required by the 1968 Convention [F50the Lugano Convention] or this Part to be done by, to or before a particular magistrates’ court may be done by, to or before any magistrates’ court acting for the same petty sessions area (or, in Northern Ireland, petty sessions district) as that court.

X1(4)The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

Modifications etc. (not altering text)

C10S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.

Part IIE+W+S+N.I. Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

16 Allocation within U.K. of jurisdiction in certain civil proceedings.E+W+S+N.I.

(1)The provisions set out in Schedule 4 (which contains a modified version of [F51Chapter II of the Regulation]) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where—

[F52(a)the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation has effect in relation to the proceedings); and]

(b)the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in [F53Article 22 of the Regulation] (exclusive jurisdiction regardless of domicile).

F54(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In determining any question as to the meaning or effect of any provision contained in Schedule 4—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F55or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F56or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), the reports mentioned in section 3(3) may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

(4)The provisions of this section and Schedule 4 shall have effect subject to [F57the Regulation,] the 1968 Convention [F58and the Lugano Convention] and to the provisions of section 17.

X2(5)In section 15(1)(a) of the M9Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—

(vi)Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 ; or.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X2The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

F51Words in s. 16(1) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(i) (with transitional provisions in art. 6)

F52S. 16(1)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(ii) (with transitional provisions in art. 6)

F53Words in s. 16(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(iii) (with transitional provisions in art. 6)

F54S. 16(2) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(b) (with transitional provisions in art. 6)

F55Words in s. 16(3)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(i) (with transitional provisions in art. 6)

F56Words in s. 16(3)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(ii) (with transitional provisions in art. 6)

F57Words in s. 16(4) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(d) (with transitional provisions in art. 6)

Marginal Citations

17 Exclusion of certain proceedings from Schedule 4.E+W+S+N.I.

(1)Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

(2)Her Majesty may by Order in Council—

(a)add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and

(b)remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection).

(3)An Order in Council under subsection (2)—

(a)may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and

(b)may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

(4)An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

18 Enforcement of U.K. judgments in other parts of U.K.E+W+S+N.I.

(1)In relation to any judgment to which this section applies—

(a)Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

(b)Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

(2)In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

(a)any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

(b)any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or a county court;

(c)any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

(d)any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

(e)an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

and, subject to the following provisions of this section, this section applies to all such judgments.

(3)Subject to subsection (4), this section does not apply to—

(a)a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;

(b)a judgment given in proceedings other than civil proceedings;

[F59(ba)a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section [F60426 of the Insolvency Act 1986];]

(c)a judgment given in proceedings relating to—

F61(i)(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the obtaining of title to administer the estate of a deceased person.

(4)This section applies, whatever the nature of the proceedings in which it is made, to—

(a)a decree issued under section 13 of the M10Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);

(b)an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the M11Contempt of Court Act 1981 or section 140 of the M12Supreme Court Act 1981 (which relate to fines for contempt of court and forfeiture of recognisances).

[F62(4A)This section does not apply as respects—

(a)the enforcement in Scotland of orders made by the High Court or a county court in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or

(b)the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of [F63the Proceeds of Crime (Scotland) Act 1995]]

(5)This section does not apply to so much of any judgment as—

(a)is an order to which section 16 of the M13Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);

(b)concerns the status or legal capacity of an individual;

(c)relates to the management of the affairs of a person not capable of managing his own affairs;

(d)is a provisional (including protective) measure other than an order for the making of an interim payment;

and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.

(6)The following are within subsection (5)(b), but without prejudice to the generality of that provision—

(a)a decree of judicial separation or of separation;

[F64(b)any order which is a Part I order for the purposes of The Family Law Act 1986.]

(7)This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the M14Administration of Justice Act 1920, Part I of the M15Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the M16Maintenance Orders (Reciprocal Enforcement) Act 1972 or section 4 or 5 of this Act.

(8)A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.

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Amendments (Textual)

F62S. 18(4A) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 6

F63Words in s. 18(4A) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 42

F64S. 18(6)(b) beginning “any order" substituted (14.10.1991) for s. 18(6)(b) beginning “any provision" by Courts and Legal Services Act 1990 (c. 41, SIF 76), ss. 116, 123(4), Sch. 16 para. 41; S.I. 1991/1883, art. 3 Sch.

Modifications etc. (not altering text)

C11S. 18: power to exclude conferred (1.12.1993) (by adding 1991 c. 24, Sch. 4 para. 19(4)), by 1993 c. 36, s. 46 (with s. 78(6)); S.I. 1993/2734, art. 2, Sch.

S. 18: power to restrict conferred (E.W.)(3.2.1995) by 1994 c. 37, S. 38(4)

S. 18: power to exclude conferred (S.) (1.4.1996) by 1995 c. 43, s. 39(4)

S. 18: power to exclude conferred (N.I.)(25.8.1996) by 1996/1299(NI9), art. 3(3)

C12S. 18(7) extended (1.4.1993) by S.I. 1993/604, art. 7.

S. 18 excluded (EW)(1.9.1995) by 1995/1967, art. 2(2)

S. 18 excluded (EW)(1.9.1995) by 1995/1968, art. 2(2)

S. 18 excluded (S.) (1.5.1998) by 1998/752, art. 3(3)

S. 18(7) extended (1.3.2002) by S.I. 2001/3928, art. 3

Marginal Citations

19 Recognition of U.K. judgments in other parts of U.K.E+W+S+N.I.

(1)A judgment to which this section applies given in one part of the United Kingdom shall not be refused recognition in another part of the United Kingdom solely on the ground that, in relation to that judgment, the court which gave it was not a court of competent jurisdiction according to the rules of private international law in force in that other part.

(2)Subject to subsection (3), this section applies to any judgment to which section 18 applies.

(3)This section does not apply to—

(a)the documents mentioned in paragraph (c) of the definition of “judgment” in section 18(2);

(b)the awards and orders mentioned in paragraphs (d) and (e) of that definition;

(c)the decrees and orders referred to in section 18(4).

Part IIIE+W+S+N.I. Jurisdiction in Scotland

20 Rules as to jurisdiction in Scotland.E+W+S+N.I.

(1)Subject to [F65the Regulation, to] Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.

(2)Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.

(3)Section 6 of the M17Sheriff Courts (Scotland) Act 1907 shall cease to have effect to the extent that it determines jurisdiction in relation to any matter to which Schedule 8 applies.

F66(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 F67 . . .—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F68or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F69or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), the reports mentioned in section 3(3) may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

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Amendments (Textual)

F65Words in s. 20(1) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(a) (with transitional provisions in art. 6)

F66S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)

F67Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)

F68Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)

F69Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)

Marginal Citations

21 Continuance of certain existing jurisdictions.E+W+S+N.I.

(1)Schedule 8 does not affect—

(a)the operation of any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds;

(b)without prejudice to the foregoing generality, the jurisdiction of any court in respect of any matter mentioned in Schedule 9.

(2)Her Majesty may by Order in Council—

(a)add to the list in Schedule 9 any description of proceedings; and

(b)remove from that list any description of proceedings (whether included in the list as originally enacted or added by virtue of this subsection).

(3)An Order in Council under subsection (2) may—

(a)make different provision for different descriptions of proceedings or for the same description of proceedings in different courts; and

(b)contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

(4)An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

22 Supplementary provisions.E+W+S+N.I.

(1)Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground offorum non conveniens.

(2)Nothing in Schedule 8 affects the operation of any enactment or rule of law under which a court may decline to exercise jurisdiction because of the prorogation by parties of the jurisdiction of another court.

(3)For the avoidance of doubt, it is declared that nothing in Schedule 8 affects thenobile officium of the Court of Session.

(4)Where a court has jurisdiction in any proceedings by virtue of Schedule 8, that court shall also have jurisdiction to determine any matter which—

(a)is ancilliary or incidental to the proceedings; or

(b)requires to be determined for the purposes of a decision in the proceedings.

23 Savings and consequential amendments.E+W+S+N.I.

(1)Nothing in Schedule 8 shall affect—

(a)the power of any court to vary or recall a maintenance order granted by that court;

(b)the power of a sheriff court under section 22 of the M18Maintenance Orders Act 1950 (discharge and variation of maintenance orders registered in sheriff courts) to vary or discharge a maintenance order registered in that court under Part II of that Act; or

(c)the power of a sheriff court under section 9 of the M19Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of maintenance orders registered in United Kingdom courts) to vary or revoke a registered order within the meaning of Part I of that Act.

X3(2)The enactments specified in Part II of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on Schedule 8.

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Editorial Information

X3The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Part IVE+W+S+N.I. Miscellaneous Provisions

Provisions relating to jurisdictionE+W+S+N.I.

24 Interim relief and protective measures in cases of doubtful jurisdiction.E+W+S+N.I.

(1)Any power of a court in England and Wales or Northern Ireland to grant interim relief pending trial or pending the determination of an appeal shall extend to a case where—

(a)the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; or

(b)the proceedings involve the reference of any matter to the European Court under the 1971 Protocol.

[F70; or

(c)the proceedings involve a reference of any matter relating to the Regulation to the European Court under Article 68 of the Treaty establishing the European Community]

(2)Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where—

(a)the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them; or

(b)the proceedings involve the reference of a matter to the European Court under the 1971 Protocol.

[F71; or

(c)the proceedings involve a reference of any matter relating to the Regulation to the European Court under Article 68 of the Treaty establishing the European Community]

(3)Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section.

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Amendments (Textual)

F70S. 24(1)(c) and the preceding word “or” inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 9(a)

F71S. 24(2)(c) and the preceding word “or” inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 9(b)

25 Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings.E+W+S+N.I.

(1)The High Court in England and Wales or Northern Ireland shall have power to grant interim relief where—

(a)proceedings have been or are to be commenced in a [F72Brussels or Lugano Contracting State][F73or a Regulation State] other than the United Kingdom or in a part of the United Kingdom other than that in which the High Court in question exercises jurisdiction; and

[F74(b)they are or will be proceedings whose subject-matter is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation has effect in relation to the proceedings).]

(2)On an application for any interim relief under subsection (1) the court may refuse to grant that relief if, in the opinion of the court, the fact that the court has no jurisdiction apart from this section in relation to the subject-matter of the proceedings in question makes it inexpedient for the court to grant it.

(3)Her Majesty may by Order in Council extend the power to grant interim relief conferred by subsection (1) so as to make it exercisable in relation to proceedings of any of the following descriptions, namely—

(a)proceedings commenced or to be commenced otherwise than in a [F72Brussels or Lugano Contracting State][F73or Regulation State];

[F75(b)proceedings whose subject-matter is not within the scope of the Regulation as determined by Article 1 of the Regulation;]

F76(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An Order in Council under subsection (3)—

(a)may confer power to grant only specified descriptions of interim relief;

(b)may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

(c)may impose conditions or restrictions on the exercise of any power conferred by the Order.

F77(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “interim relief”, in relation to the High Court in England and Wales or Northern Ireland, means interim relief of any kind which that court has power to grant in proceedings relating to matters within its jurisdiction, other than—

(a)a warrant for the arrest of property; or

(b)provision for obtaining evidence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F77S. 25(5) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4, S.I. 1996/3146, art. 3, Sch. 2

26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.E+W+S+N.I.

(1)Where in England and Wales or Northern Ireland a court stays or dismisses Admiralty proceedings on the ground that the dispute in question should be submitted F78 . . . to the determination of the courts of another part of the United Kingdom or of an overseas country, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—

(a)order that the property arrested be retained as security for the satisfaction of any award or judgment which—

(i)is given in respect of the dispute in the F79 . . . legal proceedings in favour of which those proceedings are stayed or dismissed; and

(ii)is enforceable in England and Wales or, as the case may be, in Northern Ireland; or

(b)order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award or judgment.

(2)Where a court makes an order under subsection (1), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant F80 . . . legal proceedings.

(3)Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order made by a court under subsection (1) as would apply if it were held for the purposes of proceedings in that court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F78Words in s. 26(1) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

F80Words in s. 26(2) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

27 Provisional and protective measures in Scotland in the absence of substantive proceedings.E+W+S+N.I.

(1)The Court of Session may, in any case to which this subsection applies—

(a)subject to subsection (2)(c), grant a warrant for the arrestment of any assets situated in Scotland;

(b)subject to subsection (2)(c), grant a warrant of inhibition over any property situated in Scotland; and

(c)grant interim interdict.

(2)Subsection (1) applies to any case in which—

(a)proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, in another [F81Brussels or Lugano Contracting State][F82, in another Regulation State] or in England and Wales or Northern Ireland;

[F83(b)the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation; and]

(c)in relation to paragraphs (a) and (b) of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court;

but it shall not be necessary, in determining whether proceedings have been commenced for the purpose of paragraph (a) of this subsection, to show that any document has been served on or notice given to the defender.

(3)Her Majesty may by Order in Council confer on the Court of Session power to do anything mentioned in subsection (1) or in section 28 in relation to proceedings of any of the following descriptions, namely—

(a)proceedings commenced otherwise than in a [F81Brussels or Lugano Contracting State][F84or Regulation State];

[F85(b)proceedings whose subject-matter is not within the scope of the Regulation as determined by Article 1 of the Regulation;]

(c)arbitration proceedings;

(d)in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in a [F81Brussels or Lugano Contracting State][F84or Regulation State].

(4)An Order in Council under subsection (3)—

(a)may confer power to do only certain of the things mentioned in subsection (1) or in section 28;

(b)may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

(c)may impose conditions or restrictions on the exercise of any power conferred by the Order.

(5)Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F82Words in s. 27(2)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 11(a)

28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.E+W+S+N.I.

When any proceedings have been brought, or are likely to be brought, in another [F86Brussels or Lugano Contracting State][F87, in a Regulation State] or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the [F88Regulation] as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the M20Administration of Justice (Scotland) Act 1972 [F89as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985] as if the proceedings in question had been brought, or were likely to be brought, in that court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F87Words in s. 28 inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 12(a)

F88Word in s. 28 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 12(b)

Marginal Citations

29 Service of county court process outside Northern Ireland.E+W+S+N.I.

The County Court Rules Committee established by Article 46 of the M21County Courts (Northern Ireland) Order 1980 may make county court rules with respect to the service of process outside Northern Ireland and the conditions subject to which process may be so served; and accordingly in Article 48 of that Order (powers of Rules Committee), after paragraph (e) there shall be added—

(f)the service of process outside Northern Ireland, and the conditions subject to which process may be so served..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

30 Proceedings in England and Wales or Northern Ireland for torts to immovable property.E+W+S+N.I.

(1)The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property.

(2)Subsection (1) has effect subject to the 1968 Convention [F90and the Lugano Convention][F91and the Regulation] and to the provisions set out in Schedule 4.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F91Words in s. 30(2) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 13

Provisions relating to recognition and enforcement of judgmentsE+W+S+N.I.

31 Overseas judgments given against states, etc.E+W+S+N.I.

(1)A judgement given by a court of an overseas country against a state other than the United Kingdom or the state to which that court belongs shall be recognised and enforced in the United Kingdom if, and only if—

(a)it would be so recognised and enforced if it had not been given against a state; and

(b)that court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the United Kingdom in accordance with sections 2 to 11 of the M22State Immunity Act 1978.

(2)References in subsection (1) to a judgment given against a state include references to judgments of any of the following descriptions given in relation to a state—

(a)judgments against the government, or a department of the government, of the state but not (except as mentioned in paragraph (c)) judgments against an entity which is distinct from the executive organs of government;

(b)judgments against the sovereign or head of state in his public capacity;

(c)judgments against any such separate entity as is mentioned in paragraph (a) given in proceedings relating to anything done by it in the exercise of the sovereign authority of the state.

(3)Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of a judgment to which Part I of the M23Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M24Carriage of Goods by Road Act 1965, section 17(4) of the M25Nuclear Installations Act 1965, section [F92166(4) of the Merchant Shipping Act 1995], [F93section 6 of the International Transport Conventions Act 1983] or section 5 of the M26Carriage of Passengers by Road Act 1974.

(4)Sections 12, 13 and 14(3) and (4) of the State Immunity Act 1978 (service of process and procedural privileges) shall apply to proceedings for the recognition or enforcement in the United Kingdom of a judgment given by a court of an overseas country (whether or not that judgment is within subsection (1) of this section) as they apply to other proceedings.

(5)In this section “state", in the case of a federal state, includes any of its constituent territories.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F92Words in s. 31(3) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 66(a) (with s. 312(1))

Marginal Citations

32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes.E+W+S+N.I.

(1)Subject to the following provisions of this section, a judgment given by a court of an overseas country in any proceedings shall not be recognised or enforced in the United Kingdom if—

(a)the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and

(b)those proceedings were not brought in that court by, or with the agreement of, the person against whom the judgment was given; and

(c)that person did not counterclaim in the proceedings or otherwise submit to the jurisdiction of that court.

(2)Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.

(3)In determining whether a judgment given by a court of an overseas country should be recognised or enforced in the United Kingdom, a court in the United Kingdom shall not be bound by any decision of the overseas court relating to any of the matters mentioned in subsection (1) or (2).

(4)Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of—

(a)a judgment which is required to be recognised or enforced there under the 1968 Convention [F94or the Lugano Convention][F95or the Regulation];

(b)a judgment to which Part I of the M27Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M28Carriage of Goods by Road Act 1965, section 17(4) of the M29Nuclear Installations Act 1965, F96 . . . [F97section 6 of the International Transport Conventions Act 1983], section 5 of the M30Carriage of Passengers by Road Act 1974 or [F98section 177(4) of the Merchant Shipping Act 1995].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F95Words in s. 32(4)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 14

F98Words in s. 32(4)(b) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), Sch. 13 para. 66(b)(ii) (with s. 312(1))

Marginal Citations

33 Certain steps not to amount to submission to jurisdiction of overseas court.E+W+S+N.I.

(1)For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following purposes, namely—

(a)to contest the jurisdiction of the court;

(b)to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;

(c)to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.

(2)Nothing in this section shall affect the recognition or enforcement in England and Wales or Northern Ireland of a judgment which is required to be recognised or enforced there under the 1968 Convention [F99or the Lugano Convention][F100or the Regulation].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F100Words in s. 33(2) added (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 15

34 Certain judgments a bar to further proceedings on the same cause of action.E+W+S+N.I.

No proceedings may be brought by a person in England and Wales or Northern Ireland on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court in another part of the United Kingdom or in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in England and Wales or, as the case may be, in Northern Ireland.

35 Minor amendments relating to overseas judgments.E+W+S+N.I.

(1)The M31Foreign Judgments (Reciprocal Enforcement) Act 1933 shall have effect with the amendments specified in Schedule 10, being amendments whose main purpose is to enable Part I of that Act to be applied to judgments of courts other than superior courts, to judgments providing for interim payments and to certain arbitration awards.

X4(2)For section 10 of the M32Administration of Justice Act 1920 (issue of certificates of judgments obtained in the United Kingdom) there shall be substituted—

10(1)Where—

(a)a judgement has been obtained in the High Court in England or Northern Ireland, or in the Court of Session in Scotland, against any person ; and

(b)the judgments creditor wishes to secure the enforcement of the judgement in a part of Her Majesty’s dominions outside the United Kingdom to which this Part of this Act extends,

the court shall, on an application made by the judgement creditor, issue to him a certified copy of the judgement.

(2)The reference in the preceding subsection to Her Majesty’s dominions shall be construed as if that subsection had come into force in its present form at the commencement of this Act..

X4(3)In section 14 of the M33Administration of Justice Act 1920 (extent of Part II of that Act), after subsection (2) there shall be inserted—

(3)Her Majesty may by Order in Council under this section consolidate any Orders in Council under this section which are in force when the consolidating Order is made..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X4The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

36 Registration of maintenance orders in Northern Ireland.E+W+S+N.I.

(1)Where—

(a)a High Court order or a Court of Session order has been registered in the High Court of Justice in Northern Ireland (“the Northern Ireland High Court”) under Part II of the M34Maintenance Orders Act 1950; or

(b)a county court order, a magistrates’ court order or a sheriff court order has been registered in a court of summary jurisdiction in Northern Ireland under that Part,

an application may be made to the original court for the registration of the order in, respectively, a court of summary jurisdiction in Northern Ireland or the Northern Ireland High Court.

(2)In subsection (1) “the original court”, in relation to an order, means the court by which the order was made.

(3)Section 2 (except subsection (6A)) and section 2A of the M35Maintenance Orders Act 1958 shall have effect for the purposes of an application under subsection (1), and subsections (2), (3), (4) and (4A) of section 5 of that Act shall have effect for the purposes of the cancellation of a registration made on such an application, as if—

(a)“registration” in those provisions included registration in the appropriate Northern Ireland court (“registered” being construed accordingly);

(b)any reference in those provisions to a High Court order or a magistrates’ court order included, respectively, a Court of Session order or a sheriff court order; and

(c)any other reference in those provisions to the High Court or a magistrates’ court included the Northern Ireland High Court or a court of summary jurisdiction in Northern Ireland.

[F101(d)for section 2(6), there were substituted the following subsections—

(6)Where a magistrates’ court order is registered under this Part of this Act in the High Court, then—

(a)if payments under the magistrates’ court order are required to be made (otherwise than to a collecting officer) by any method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.), any order requiring payment by that method shall continue to have effect after registration;

(b)any order by virtue of which sums payable under the magistrates’ court order are required to be paid to the collecting officer (whether or not by any method of payment falling within Article 85(7) of that Order) on behalf of the person entitled thereto shall cease to have effect.

(6ZA)Where a High Court or county court order is registered under this Part of this Act in a magistrates’ court, then—

(a)if a means of payment order (within the meaning of Article 96A(7) of the Judgments Enforcement (Northern Ireland) Order 1981) has effect in relation to the order in question, it shall continue to have effect after registration; and

(b)in any other case, the magistrates’ court shall order that all payments to be made under the order in question (including any arrears accrued before registration) shall be made to the collecting officer.

(6ZB)Any such order as to payment—

(a)as is referred to in paragraph (a) of subsection (6) of this section may be revoked, suspended, revived or varied by an exercise of the powers conferred by section 13A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966; and

(b)as is referred to in paragraph (a) or (b) of subsection (6ZA) of this section may be varied or revoked by an exercise of the powers conferred by section 12(2) or 13(2A) or (5A) of that Act of 1966.

(6ZC)Where by virtue of the provisions of this section or any order under subsection (6ZA)(b) of this section payments under an order cease to be or become payable to the collecting officer, the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.

(6ZD)In subsections (6), (6ZA) and (6ZC) of this section “collecting officer” means the officer mentioned in Article 85(4) of the Magistrates’ Courts (Northern Ireland) Order 1981.]

(4)Where an order is registered in Northern Ireland under this section, Part II of the M36Maintenance and Affiliation Orders Act (Northern Ireland) 1966, except sections 11, 11A and 14(2) and (3), shall apply as if the order had been registered in accordance with the provisions of that Part [F102, as if—

(a)in section 12(2), for modifications of Article 98(8B) to (8D) of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in that subsection there were substituted the modifications specified in section 18(3ZA) of the Maintenance Orders Act 1950 (enforcement of registered orders); and

(b)for section 13(5A), there were substituted the following subsection—

“(5A)Subject to the following provisions of this section, paragraphs (4) to (11) of Article 86 of the Magistrates’ Courts (Northern Ireland) Order 1981 (power of clerk and court to vary maintenance orders) shall apply in relation to a registered order as they apply in relation to a maintenance order made by a court of summary jurisdiction (disregarding Article 25(2) of the Domestic Proceedings (Northern Ireland) Order 1980) but—

(a)as if for paragraph (4)(b) there were substituted—

(b)payments under the order are required to be made to the collecting officer, by any method of payment falling within Article 85(7) (standing order, etc.);

and as if after the words “petty sessions” there were inserted “for the petty sessions district for which the court which made the order acts”;

(b) as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (9)”;

(c)as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;

(d)as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (9)”;

(e)as if for paragraphs (9) and (10) there were substituted the following paragraphs—

“(9)The powers of the court are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(10)In deciding which of the powers under paragraph (9) above it is to exercise, the court shall have regard to any representations made by the debtor.

(10A)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (9) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 86(9)]

(5)A court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear [F103an application] by or against a person residing outside Northern Ireland for the discharge or variation of an order registered in Northern Ireland under this section; and where such [F103an application] is made against a person residing outside Northern Ireland, then, if he resides in England and Wales or Scotland, section 15 of the M37Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to [F103the application] as it has effect in relation to the proceedings therein mentioned.

[F104(5A)Article 165 of the Children (Northern Ireland) Order 1995 (provision which may be made by magistrates’ courts rules, etc.) shall apply for the purpose of giving effect to subsection (5) above as it applies for the purpose of giving effect to that Order, except that in the application of that Article by virtue of this subsection “relevant proceedings” means any application made, or proceedings brought, by virtue of that subsection and any part of such proceedings.]

X5(6)The enactments specified in Part III of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this section.

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Editorial Information

X5The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

F102S. 36(4)(a)-(e) and preceding words inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(b); S.R. 1996/454, art. 3

Marginal Citations

37 Minor amendments relating to maintenance orders.E+W+S+N.I.

(1)The enactments specified in Schedule 11 shall have effect with the amendments specified there, being amendments whose main purpose is as follows—

  • Part I—to extend certain enforcement provisions to lump sum maintenance orders;

  • Part II—to provide for the recovery of interest according to the law of the country of origin in the case of maintenance orders made in other jurisdictions and registered in the High Court;

  • Part III—to extend the M38Maintenance Orders (Reciprocal Enforcement) Act 1972 to cases where the payer under a maintenance order is not resident within the jurisdiction but has assets there.

F105(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Marginal Citations

X638 Overseas judgments counteracting an award of multiple damages.E+W+S+N.I.

(1)Section 7 of the M39Protection of Trading Interests Act 1980 (which enables provision to be made by Order in Council for the enforcement in the United Kingdom on a reciprocal basis of overseas judgments directed to counteracting a judgement for multiple dammages given in the third country) shall be amended as follows.

(2)In subsection (1) for “judgements given under any provision of the law of that country corresponding to that section” there shall be substituted “ judgments of any description specified in the Order which are given under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to a judgement for multiple damages within the meaning of section 5(3) above, whether or not that provision corresponds to section 6 above ”.

(3)After subsection (1) there shall be inserted—

(1A)Such an Order in Council may, as respects judgments to which it relates—

(a)make different provisions for different descriptions of judgments ; and

(b)impose conditions or restrictions on the enforcement of judgments of any description..

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Editorial Information

X6The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Jurisdiction, and recognition and enforcement of judgments, as between United Kingdom and certain territoriesE+W+S+N.I.

39 Application of provisions corresponding to 1968 Convention in relation to certain territories.E+W+S+N.I.

(1)Her Majesty may by Order in Council make provision corresponding to the provision made by the 1968 Convention as between the Contracting States to that Convention, with such modifications as appear to Her Majesty to be appropriate, for regulating, as between the United Kingdom and any of the territories mentioned in subsection (2), the jurisdiction of courts and the recognition and enforcement of judgments.

(2)The territories referred to in subsection (1) are—

(a)the Isle of Man;

(b)any of the Channel Islands;

[F106(c)Gibraltar;

(d)the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the M40Cyprus Act 1960).]

[F106(c)any colony.]

(3)An Order in Council under this section may contain such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient, including in particular provisions corresponding to or applying any of the provisions of Part I with such modifications as may be specified in the Order.

(4)Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F106S. 39(2)(c) consisting of words “any colony." substituted (1.10.1991) for s. 39(2)(c) and (d) commencing “(c) Gibraltar" by S.I. 1990/2591, art. 10

Marginal Citations

Legal aidE+W+S+N.I.

40 Power to modify enactments relating to legal aid etc.E+W+S+N.I.

F107(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F108(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X7(3)In Article 22 of the M41Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (power of Lord Chancellor to make regulations), after paragraph (4) there shall be inserted as paragraph (4A)—

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(a)in cases where their modifcation appears to the Lord Chancellor necessary for the purpose of fulfilling any obligation imposed on the United Kingdom or Her Majesty’s government therein by any international agreement ; or

(b)in relation to proceedings for securing the recognition or enforcment in Northern Ireland of judgments given outside the United Kingdom for whose recognition or enforcement in the United Kingdom provision os made by any international agreement..

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Editorial Information

X7The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

Marginal Citations

Part VE+W+S+N.I. Supplementary and General Provisions

DomicileE+W+S+N.I.

41 Domicile of individuals.E+W+S+N.I.

(1)Subject to Article 52 (which contains provisions for determining whether a party is domiciled in a Contracting State), the following provisions of this section determine, for the purposes of the 1968 Convention [F109the Lugano Convention] and this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom or in a state other than a Contracting State.

(2)An individual is domiciled in the United Kingdom if and only if—

(a)he is resident in the United Kingdom; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)he is resident in that part; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)is domiciled in the part of the United Kingdom in which that place is situated; and

(b)is resident in that place.

(5)An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)In the case of an individual who—

(a)is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

(7)An individual is domiciled in a state other than a Contracting State if and only if—

(a)he is resident in that state; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that state.

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Amendments (Textual)

Modifications etc. (not altering text)

C13S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

42 Domicile and seat of corporation or association.E+W+S+N.I.

(1)For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where a corporation or association has its seat—

(a)for the purpose of Article 53 (which for the purposes of the 1968 Convention [F110or, as the case may be, the Lugano Convention] equates the domicile of such a body with its seat); and

(b)for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and (c).

(3)A corporation or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(4)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)it has its registered office or some other official address in that part; or

(b)its central management and control is exercised in that part; or

(c)it has a place of business in that part.

(5)A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and—

(a)it has its registered office or some other official address in that place; or

(b)its central management and control is exercised in that place; or

(c)it has a place of business in that place.

(6)Subject to subsection (7), a corporation or association has its seat in a state other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state and has its registered office or some other official address there; or

(b)its central management and control is exercised in that state.

(7)A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if it is shown that the courts of that state would not regard it as having its seat there.

(8)In this section—

  • business” includes any activity carried on by a corporation or association, and “place of business” shall be construed accordingly;

  • official address”, in relation to a corporation or association, means an address which it is required by law to register, notify or maintain for the purpose of receiving notices or other communications.

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Amendments (Textual)

Modifications etc. (not altering text)

C14S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

43 Seat of corporation or association for purposes of Article 16(2) and related provisions.E+W+S+N.I.

(1)The following provisions of this section determine where a corporation or association has its seat for the purposes of—

(a)Article 16(2) [F111of the 1968 Convention or of the Lugano Convention] (which confers exclusive jurisdiction over proceedings relating to the formation or dissolution of such bodies, or to the decisions of their organs);

(b)[F112rules 4 and 11(b)] in Schedule 4; and

(c)[F113rules 2(l) and 5(1)(b)] in Schedule 8.

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

(a)it was incorporated or formed under the law of a part of the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(3)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)subject to subsection (5), it was incorporated or formed under the law of that part; or

(b)being incorporated or formed under the law of a state other than the United Kingdom, its central management and control is exercised in that part.

(4)A corporation or association has its seat in a particular place in Scotland if and only if it has its seat in Scotland and—

(a)it has its registered office or some other official address in that place; or

(b)it has no registered office or other official address in Scotland, but its central management and control is exercised in that place.

(5)A corporation or association incorporated or formed under—

(a)an enactment forming part of the law of more than one part of the United Kingdom; or

(b)an instrument having effect in the domestic law of more than one part of the United Kingdom,

shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.

(6)Subject to subsection (7), a corporation or association has its seat in a Contracting State other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state; or

(b)its central management and control is exercised in that state.

(7)A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if—

(a)it has its seat in the United Kingdom by virtue of subsection (2)(a); or

(b)it is shown that the courts of that other state would not regard it for the purposes of Article 16(2) as having its seat there.

(8)In this section “official address” has the same meaning as in section 42.

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Amendments (Textual)

F112Words in s. 43(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 16(a)

F113Words in s. 43(1)(c) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 16(b)

44 Persons deemed to be domiciled in the United Kingdom for certain purposes.E+W+S+N.I.

(1)This section applies to—

(a)proceedings within Section 3 of Title II of the 1968 Convention [F114or Section 3 of Title II of the Lugano Convention] (insurance contracts), and

(b)proceedings within Section 4 of [F115Title II of either of those Conventions] (consumer contracts).

(2)A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the 1968 Convention [F116or, as the case may be, of the Lugano Convention] to be domiciled in the United Kingdom by virtue of—

(a)Article 8, second paragraph (insurers); or

(b)Article 13, second paragraph (suppliers of goods, services or credit to consumers),

shall, for the purposes of those proceedings, be treated for the purposes of this Act as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.

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Amendments (Textual)

45 Domicile of trusts.E+W+S+N.I.

(1)The following provisions of this section determine, for the purposes of the 1968 Convention [F117the Lugano Convention] and this Act, where a trust is domiciled.

(2)A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.

(3)A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.

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Amendments (Textual)

46 Domicile and seat of the Crown.E+W+S+N.I.

(1)For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where the Crown has its seat—

(a)for the purposes of the 1968 Convention [F118and the Lugano Convention][F119(in each of which] Article 53 equates the domicile of a legal person with its seat); and

(b)for the purposes of this Act.

(3)Subject to the provisions of any Order in Council for the time being in force under subsection (4)—

(a)the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom; and

[F120(aa)the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland,]

(b)the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.

(4)Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of the 1968 Convention [F121the Lugano Convention] and this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.

(5)An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.

(6)Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Nothing in this section applies to the Crown otherwise than in right of Her Majesty’s government in the United Kingdom [F122, the Scottish Administration] or Her Majesty’s government in Northern Ireland.

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Amendments (Textual)

Other supplementary provisionsE+W+S+N.I.

47 Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.E+W+S+N.I.

(1)Her Majesty may by Order in Council—

(a)make such provision as Her Majesty considers appropriate for the purpose of bringing the law of any part of the United Kingdom into accord with the [F123Brussels Conventions] as affected by any principle laid down by the European Court in connection with the [F123Brussels Conventions] or by any decision of that court as to the meaning or effect of any provision of the [F123Brussels Conventions]; or

(b)make such modifications of Schedule 4 or Schedule 8, or of any other statutory provision affected by any provision of either of those Schedules, as Her Majesty considers appropriate in view of any principle laid down by the European Court in connection with Title II of the 1968 Convention or of any decision of that court as to the meaning or effect of any provision of that Title.

(2)The provision which may be made by virtue of paragraph (a) of subsection (1) includes such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate for the purpose mentioned in that paragraph.

(3)The modifications which may be made by virtue of paragraph (b) of subsection (1) include modifications designed to produce divergence between any provision of Schedule 4 or Schedule 8 and a corresponding provision of Title II of the 1968 Convention as affected by any such principle or decision as is mentioned in that paragraph.

(4)An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

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Amendments (Textual)

48 Matters for which rules of court may provide.E+W+S+N.I.

(1)Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act [F124the Lugano Convention or the Brussels Conventions][F125or the Regulation].

(2)Rules of court may make provision as to the manner in which and the conditions subject to which a certificate or judgment registered in any court under any provision of this Act [F126or the Regulation] may be enforced, including provision for enabling the court or, in Northern Ireland the Enforcement of Judgments Office, subject to any conditions specified in the rules, to give directions about such matters.

(3)Without prejudice to the generality of subsections (1) and (2), the power to make rules of court for magistrates’ courts, and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of [F127the Lugano Convention, the Brussels Conventions][F128, the Regulation] and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters—

(a)authorising the service in another Contracting State [F129or Regulation State] of process issued by or for the purposes of a magistrates’ court and the service and execution in England and Wales or Northern Ireland of process issued in another Contracting State [F129or Regulation State];

(b)requesting courts in other parts of the United Kingdom or in other Contracting States [F129or Regulation States] to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;

(c)the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;

(d)the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;

(e)the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another Contracting State [F129or Regulation State], or by a judge or official of such a court, which purport—

(i)to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or

(ii)to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or

(iii)to record information relating to the payments made under an order of that court;

(f)the circumstances and manner in which a magistrates’ court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;

(g)the cases and manner in which courts in other parts of the United Kingdom or in other Contracting States [F129or Regulation States] are to be informed of orders made, or other things done, by or for the purposes of a magistrates’ court;

(h)the circumstances and manner in which a magistrates’ court may communicate for other purposes with such courts;

(i)the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.

(4)Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.

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Amendments (Textual)

F125Words in s. 48(1) added (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 17(a)

F126Words in s. 48(2) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 17(b)

F128Words in s. 48(3) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 17(c)(i)

Modifications etc. (not altering text)

C15S. 48 applied (1.4.1993) by S.I. 1993/604, art. 8.

S. 48 applied (with modifications) (1.3.2002) by S.I. 2001/3928, art. 4

49 Saving for powers to stay, sist, strike out or dismiss proceedings.E+W+S+N.I.

Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with the 1968 Convention [F130or, as the case may be, the Lugano Convention].

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Amendments (Textual)

GeneralE+W+S+N.I.

50 Interpretation: general.E+W+S+N.I.

In this Act, unless the context otherwise requires—

  • [F131the Accession Convention”, “the 1982 Accession Convention” and “the 1989 Accession Convention” have the meaning given by section 1(1);]

  • “Article” and references to sub-divisions of numbered Articles are to be construed in accordance with section 1(2)(b);

  • association” means an unincorporated body of persons;

  • [F132Brussels Contracting State” has the meaning given by section 1(3);]

  • [F132the Brussels Conventions” has the meaning given by section 1(1);]

  • Contracting State” has the meaning given by section 1(3);

  • the 1968 Convention” has the meaning given by section 1(1), and references to that Convention and to provisions of it are to be construed in accordance with section 1(2)(a);

  • F133 . . .

  • corporation” means a body corporate, and includes a partnership subsisting under the law of Scotland;

  • court”, without more, includes a tribunal;

  • court of law”, in relation to the United Kingdom, means any of the following courts, namely—

    (a)

    the House of Lords,

    (b)

    in England and Wales or Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates’ court,

    (c)

    in Scotland, the Court of Session and a sheriff court;

  • the Crown” is to be construed in accordance with section 51(2);

  • enactment” includes an enactment comprised in Northern Ireland legislation;

  • judgment”, subject to sections 15(1) and 18(2) and to paragraph 1 of Schedules 6 and 7, means any judgment or order (by whatever name called) given or made by a court in any civil proceedings;

  • [F132Lugano Contracting State” has the meaning given by section 1(3);]

  • [F132the Lugano Convention” has the meaning given by section 1(1);]

  • magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;

  • modifications” includes additions, omissions and alterations;

  • overseas country” means any country or territory outside the United Kingdom;

  • part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

  • the 1971 Protocol” has the meaning given by section 1(1), and references to that Protocol and to provisions of it are to be construed in accordance with section 1(2)(a);

  • [F134“the Regulation” has the meaning given by section 1(1);]

  • [F135“Regulation State” has the meaning given by section 1(3);]

  • rules of court”, in relation to any court, means rules, orders or regulations made by the authority having power to make rules, orders or regulations regulating the procedure of that court, and includes—

    (a)

    in Scotland, Acts of Sederunt;

    (b)

    in Northern Ireland, Judgment Enforcement Rules;

  • statutory provision” means any provision contained in an Act, or in any Northern Ireland legislation, or in—

    (a)

    subordinate legislation (as defined in section 21(1) of the M42Interpretation Act 1978); or

    (b)

    any instrument of a legislative character made under any Northern Ireland legislation;

  • tribunal”—

    (a)

    means a tribunal of any description other than a court of law;

    (b)

    in relation to an overseas country, includes, as regards matters relating to maintenance within the meaning of the 1968 Convention, any authority having power to give, enforce, vary or revoke a maintenance order.

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Amendments (Textual)

F131Definition substituted (1.10.1991) by S.I. 1990/2591, art. 9

F134Definition of "the Regulation" in s. 50 inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

F135Definition of "Regulation State" in s. 50 inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

Marginal Citations

51 Application to Crown.E+W+S+N.I.

(1)This Act binds the Court.

(2)In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

52 Extent.E+W+S+N.I.

(1)This Act extends to Northern Ireland.

(2)Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say—

(a)the Isle of Man;

(b)any of the Channel Islands;

[F136(c)any colony.]

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Amendments (Textual)

F136S. 52(2)(c) substituted (1.10.1991) for s. 52(2)(c)(d) by S.I. 1990/2591, art. 10

53 Commencement, transitional provisions and savings.E+W+S+N.I.

(1)This Act shall come into force in accordance with the provisions of Part I of Schedule 13.

(2)The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.

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Subordinate Legislation Made

P1Power of appointment conferred by s. 53(1) fully exercised: S.I. 1984/1553, 1986/1781, 1986/2044

X854 Repeals.E+W+S+N.I.

The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.

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Editorial Information

X8The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

55 Short title.E+W+S+N.I.

This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.

SCHEDULES

Section 2(2)

[F137SCHEDULE 1E+W+S+N.I. TEXT OF 1968 CONVENTION, AS AMENDED

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Amendments (Textual)

F137Sch. 1 substituted (1.10.1991) by S.I. 1990/2591, art. 12(1), Sch. 1

ARRANGEMENT OF PROVISIONSE+W+S+N.I.

TITLE I. SCOPE (Article 1)

TITLE II. JURISDICTION

  • Section 1. General provisions (Articles 2–4).

  • Section 2. Special jurisdiction (Articles 5–6A).

  • Section 3. Jurisdiction in matters relating to insurance (Articles 7–12A).

  • Section 4. Jurisdiction over consumer contracts (Articles 13–15).

  • Section 5. Exclusive jurisdiction (Article 16).

  • Section 6. Prorogation of jurisdiction (Articles 17 and 18).

  • Section 7. Examination as to jurisdiction and admissibility (Articles 19 and 20).

  • Section 8. Lis pendens—Related actions (Articles 21–23).

  • Section 9. Provisional, including protective, measures (Article 24).

TITLE III. RECOGNITION AND ENFORCEMENT

  • Definition of judgment (Article 25).

  • Section 1. Recognition (Articles 26–30).

  • Section 2. Enforcement (Articles 31–45).

  • Section 3. Common provisions (Articles 46–49).

TITLE IV. AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS (Articles 50 and 51).

TITLE V. GENERAL PROVISIONS (Articles 52 and 53).

TITLE VI. TRANSITIONAL PROVISIONS (Articles 54 and 54A).

TITLE VII. RELATIONSHIP TO OTHER CONVENTIONS (Articles 55–59).

TITLE VIII. FINAL PROVISIONS (Articles 60–68).

CONVENTION

on jurisdiction and the enforcement of judgments in civil and commercial matters

PREAMBLE

  • THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

  • 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;

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

  • Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements;

  • Have decided to conclude this Convention and to this end have designated as their Plenipotentiaries;

  • (Designations of Plenipotentiaries of the original six Contracting States)

  • WHO, meeting within the Council, having exchanged their Full Powers, found in good and due form,

  • HAVE AGREED AS FOLLOWS:

TITLE IE+W+S+N.I.SCOPE

Article 1E+W+S+N.I.

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to–

1.The status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession.

2.Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings.

3.Social security.

4.Arbitration.

TITLE IIE+W+S+N.I.JURISDICTION

Section 1E+W+S+N.I.General provisions

Article 2E+W+S+N.I.

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3E+W+S+N.I.

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them—

—0in Belgium: Article 15 of the civil code (Code civil—Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire—Gerechtelijk Wetboek),

—0in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),

—0in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

—0in Greece, Article 40 of the code of civil procedure (Kwdikaς Politikhς Dikonomíaς),

—0in France: Articles 14 and 15 of the civil code (Code civil),

—0in Ireland: the rules which enable jurisdiction to be founded on the document instituting the procedings having been served on the defendant during his temporary presence in Ireland,

—0in Italy: Articles 2 and 4, nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

—0In Luxembourg: Articles 14 and 15 of the civil code (Code civil),

—0in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),

—0in Portugal: Article 65(1)(c), article 65(2) and Article 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

—0in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a)the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or

(b)the presence within the United Kingdom of property belonging to the defendant; or

(c)the seizure by the plaintiff of property situated in the United Kingdom.

Article 4E+W+S+N.I.

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.

Section 2E+W+S+N.I.Special jurisdiction

Article 5E+W+S+N.I.

A person domiciled in a Contracting State may, in another Contracting State, be sued–

1.In matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated.

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, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.

3.In matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred.

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 under its own law to entertain civil procedings.

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.

6.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.

7.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–

(a)has been arrested to secure such payment, or

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

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

Article 6E+W+S+N.I.

A person domiciled in a Contracting State may also be sued–

1.Where he is one of a number of defendants, in the courts for the place where any one of them is domiciled.

2.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.

3.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.

4.In matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.

Article 6aE+W+S+N.I.

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

Section 3E+W+S+N.I.Jurisdiction in matters relating to insurance

Article 7E+W+S+N.I.

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5 point 5.

Article 8E+W+S+N.I.

An insurer domiciled in a Contracting State may be sued—

1.in the courts of the State where he is domiciled, or

2.in another Contracting State, in the courts for the place where the policy-holder is domiciled, or

3.if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.

An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9E+W+S+N.I.

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10E+W+S+N.I.

In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party had brought against the insured.

  • The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured partly directly against the insurer, where such direct actions are permitted.

  • If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11E+W+S+N.I.

Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement on jurisdiction–

1.which is entered into after the dispute has arisen, or

2.which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section, or

3.which is concluded between a policy-holder and an insurer, both of whom are domiciled in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State, or

4.which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State, or

5.which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12a.

Article 12aE+W+S+N.I.

The following are the risks referred to in point 5 of Article 12–

1.Any loss of or damage to–

(a)sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;

(b)goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft.

2.Any liability, other than for bodily injury to passengers or loss of or damage to their baggage–

(a)arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

(b)for loss or damage caused by goods in transit as described in point 1(b) above.

3.Any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a) above, in particular loss of freight or charter-hire.

4.Any risk or interest connected with any of those referred to in points 1 to 3 above.

Section 4E+W+S+N.I.Jurisdiction over consumer contracts

Article 13E+W+S+N.I.

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer", jurisdiction shall be determined by this Section, without prejudice to the provisions of Article 4 and point 5 of Article 5, if it is–

1.a contract for the sale of goods on instalment credit terms, or

2.a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or

3.any other contract for the supply of goods or a contract for the supply of services, and

(a)in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising; and

(b)the consumer took in that State the steps necessary for the conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Article 14E+W+S+N.I.

A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled.

  • Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled.

  • These provisions shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 15E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement–

1.which is entered into after the dispute has arisen, or

2.which allows the consumer to bring proceedings in courts other than those indicated in this Section, or

3.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 same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

Section 5E+W+S+N.I.Exclusive jurisdiction

Article 16E+W+S+N.I.

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

1.(a)in proceedings which have as their objects rightsin rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;

(b)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 Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same Contracting State.

2.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, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat.

3.In proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept.

4.In proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place.

5.In proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

Section 6E+W+S+N.I.Prorogation of jurisdiction

Article 17E+W+S+N.I.

If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either–

(a)in writing or evidenced in writing, or

(b)in a form which accords with practices which the parties have established between themselves or,

(c)in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

  • Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

  • The court or courts of a Contracting State on which a trust instrument has conferred jurisdiction shall have exclusive 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.

  • Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Articles 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

  • If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.

  • In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defendant’s domicile or those specified in Article 5(1).

Article 18E+W+S+N.I.

Apart from jurisdiction derived from other provisions of the Convention, a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7E+W+S+N.I.Examination as to jurisdiction and admissibility

Article 19E+W+S+N.I.

Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20E+W+S+N.I.

Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State 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 the Convention.

  • 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.

  • The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the document instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

Section 8E+W+S+N.I.Lis pendens—related actions

Article 21E+W+S+N.I.

Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Contracting States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22E+W+S+N.I.

Where related actions are brought in the courts of different Contracting States, any court other than the court first seised may, while the actions are pending at first instance, stay its proceedings.

  • A court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the law of that court permits the consolidation of related actions and the court first seised has jurisdiction over both actions.

  • For the purposes of this Article, actions are deemed to be related where they 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.

Article 23E+W+S+N.I.

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

Section 9E+W+S+N.I.Provisional, including protective, measures

Article 24E+W+S+N.I.

Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE IIIE+W+S+N.I.RECOGNITION AND ENFORCEMENT

Article 25E+W+S+N.I.

For the purposes of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

Section 1E+W+S+N.I.Recognition

Article 26E+W+S+N.I.

A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required.

  • Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognized.

  • If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27E+W+S+N.I.

A judgment shall not be recognised–

1.If such recognition is contrary to public policy in the State in which recognition is sought.

2.Where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence.

3.If the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought.

4.If the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State.

5.If the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the state addressed.

Article 28E+W+S+N.I.

Moreover, a judgment shall not be recognized if it conflicts with the provisions of Sections 3, 4 or 5 of Title II, or in a case provided for in Article 59.

  • In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

  • Subject to the provisions of the first paragraph, the jurisdiction of the court of the State of origin may not be reviewed; the test of the public policy referred to in point 1 of Article 27 may not be applied to the rules relating to jurisdiction.

Article 29E+W+S+N.I.

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30E+W+S+N.I.

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin, by reason of an appeal.

Section 2E+W+S+N.I.Enforcement

Article 31E+W+S+N.I.

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32E+W+S+N.I.

1The application shall be submitted–E+W+S+N.I.

—0in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

—0in Denmark, to the byret,

—0in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

—0in Greece, to the Monomelez Prwtodikeio,

—0in Spain, to the Juzgado de Primera Instancia,

—0in France, to the presiding judge of the tribunal de grande instance,

—0in Ireland, to the High Court,

—0in Italy, to the corte d’appello,

—0in Luxembourg, to the presiding judge of the tribunal d’arrondissement,

—0in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

—0in Portugal, to the Tribunal Judicial de Círculo.

—0in the United Kingdom–

(a)in England and Wales, to the High Court of Justice, or in the case of maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State;

(b)in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;

(c)in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.

2The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.E+W+S+N.I.

Article 33E+W+S+N.I.

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

  • The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representativead litem.

  • The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34E+W+S+N.I.

The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

  • The application may be refused only for one of the reasons specified in Articles 27 and 28.

  • Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35E+W+S+N.I.

The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36E+W+S+N.I.

If enforcement is authorized, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorizing enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37E+W+S+N.I.

1An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters–E+W+S+N.I.

—0in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg.

—0in Denmark, with the landsret,

—0in the Federal Republic of Germany, with the Oberlandesgericht,

—0in Greece, with the Efeteio,

—0in Spain, with the Audiencia Provincial,

—0in France, with the cour d’appel,

—0in Ireland, with the High Court,

—0in Italy, with the corte d’appello,

—0in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,

—0in the Netherlands, with the arrondissementsrechtbank,

—0in Portugal, with the Tribunal de Relaçāo,

—0in the United Kingdom–

(a)in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;

(b)in Scotland, with the Court of Session, or in the case of maintenance judgment with the Sheriff Court;

(c)in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.

2The judgment given on the appeal may be contested only–E+W+S+N.I.

—0in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

—0in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

—0in the Federal Republic of Germany, by a Rechtsbeschwerde,

—0in Ireland, by an appeal on a point of law to the Supreme Court,

—0in Portugal, by an appeal on a point of law,

—0in the United Kingdom, by a single further appeal on a point of law.

Article 38E+W+S+N.I.

The court with which the appeal under Article 37(1) is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

  • Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

  • The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39E+W+S+N.I.

During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorizing enforcement shall carry with it the power to proceed to any such protective measures.

Article 40E+W+S+N.I.

1If the application for enforcement is refused, the applicant may appeal–E+W+S+N.I.

—0in Belgium, to the cour d’appel or hof van beroep,

—0in Denmark, to the landsret,

—0in the Federal Republic of Germany, to the Oberlandesgericht,

—0in Greece, to the Efeteio,

—0in Spain, to the Audiencia Provincial,

—0in France, to the cour d’appel,

—0in Ireland, to the High Court,

—0in Italy, to the corte d’appello,

—0in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

—0in the Netherlands, to the gerechtshof,

—0in Portugal, to the Tribunal da Relaçāo,

—0in the United Kingdom–

(a)in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;

(b)in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;

(c)in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.E+W+S+N.I.

Article 41E+W+S+N.I.

A judgment given on appeal provided for in Article 40 may be contested only–

—0in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

—0in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

—0in the Federal Republic of Germany, by a Rechtsbeschwerde,

—0in Ireland, by an appeal on a point of law to the Supreme Court,

—0in Portugal, by an appeal on a point of law,

—0in the United Kingdom, by a single further appeal on a point of law.

Article 42E+W+S+N.I.

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorized for all of them, the court shall authorize enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43E+W+S+N.I.

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44E+W+S+N.I.

An applicant who, in the State of origin has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed.

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from the Danish Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45E+W+S+N.I.

No security, bond or deposit, however discribed, shall be required of a party who in on Contracting State applies for enforcement of a judgment given in another Contracting State on the grounds that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

Section 3E+W+S+N.I.Common provisions

Article 46E+W+S+N.I.

A party seeking recognition or applying for enforcement of a judgment shall produce–

1.a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

2.in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.

Article 47E+W+S+N.I.

A party applying for enforcement shall also produce—

1.documents which establish that, according to the law of the State or origin the judgment is enforceable and has been served;

2.where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Article 48E+W+S+N.I.

If the documents specified in point 2 of Articles 46 and 47 are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translations shall be certified by a person qualified to do so in one of the Contracting States.

Article 49E+W+S+N.I.

No legalization or other similar formality shall be required in respect of the documents referred to in Articles 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representativead litem.

TITLE IVE+W+S+N.I.AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50E+W+S+N.I.

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Article 31 et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

  • The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

  • The provisions of Section 3 of Title III shall apply as appropriate.

Article 51E+W+S+N.I.

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the Sate addressed under the same conditions as authentic instruments.

TITLE VE+W+S+N.I.GENERAL PROVISIONS

Article 52E+W+S+N.I.

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Modifications etc. (not altering text)

C16Sch. 1 art. 52 applied (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(b)

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the Court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

Article 53E+W+S+N.I.

For the purposes of this Convention, the seat of a company or other legal person or association of natural or legal persons shall be treated as its domicile. However, in order to determine that seat, the court shall apply its rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VIE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 54E+W+S+N.I.

The provisions of the Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instruments is sought, in the State addressed.

  • However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

  • If the parties to a dispute concerning a contract had agreed in writing before 1st June 1988 for Ireland or before 1st January 1987 for the United Kingdom that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54aE+W+S+N.I.

For a period of three years from 1st November 1986 for Denmark and from 1st June 1988 for Ireland, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 6 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10th May 1952, for one of these States, these provisions shall cease to have effect for that State.

1.A person who is domiciled in a Contracting State may be sued in the Courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either—

(a)the claimant is domiciled in the latter State, or

(b)the claim arose in the latter State, or

(c)the claim concerns the voyage during which the arrest was made or could have been made, or

(d)the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution of non-execution of a manoeuvre or by the non-observance of regulations, or

(e)the claim is for salvage, or

(f)the claim is in respect of a mortgage or hypothecation of the ship arrested.

2.A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in (5)(o), (p) or (q) of this Article.

3.Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

4.When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.

5.The expression “maritime claim” means a claim arising out of one or more of the following—

(a)damage caused by any ship either in collision or otherwise;

(b)loss of life or personal injury caused by any ship or occurring in connection with the operation on any ship;

(c)salvage;

(d)agreement relating to the use of hire of any ship whether by charterparty or otherwise;

(e)agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

(f)loss of or damage to goods including baggage carried in any ship;

(g)general average;

(h)bottomry;

(i)towage;

(j)pilotage;

(k)goods or materials wherever supplied to a ship for her operation or maintenance;

(l)construction, repair or equipment of any ship or dock charges and dues;

(m)wages of master, officers or crew;

(n)master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

(o)dispute as to the title to or ownership of any ship;

(p)disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

(q)the mortgage or hypothecation of any ship.

6.In Denmark the expression “arrest” shall be deemed as regards the maritime claims referred to in 5(o) and (p) of this Article, to include a “forbud”, where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).

TITLE VIIE+W+S+N.I.RELATIONSHIP TO OTHER CONVENTIONS

Article 55E+W+S+N.I.

Subject to the provisions of the second subparagraph of Article 54, and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them—

—0the Convention between Belgium and France on jurisdication and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Paris on 8th July 1899.

—0the Convention between Belgium and the Netherlands on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 28th March 1925,

—0the Convention between France and Italy on the enforcement of judgments in civil and commercial matters, signed at Rome on 3rd June 1930,

—0the Convention between the United Kingdom and the French Republic providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Paris on 18th January 1934,

—0the Convention between the United Kingdom and the Kingdom of Belgium providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Brussels on 2nd May 1934,

—0the Convention between Germany and Italy on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 9th March 1936,

—0the Convention between the Federal Republic of Germany and the Kingdom of Belgium on the mutual recognition and enforcement of judgments, arbitration awards and authentic instruments in civil and commercial matters, signed at Bonn on 30th June 1958,

—0the Convention between the Kingdom of the Netherlands and the Italian Republic on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 17th April 1959,

—0the Convention between the United Kingdom and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Bonn on 14th July 1960,

—0the Convention between the Kingdom of Greece and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed in Athens on 4th November 1961,

—0the Convention between the Kingdom of Belgium and the Italian Republic on the recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at Rome on 6th April 1962,

—0the Convention between the Kingdom of the Netherlands and the Federal Republic of Germany on the mutual recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at The Hague on 30th August 1962,

—0the Convention between the United Kingdom and the Republic of Italy for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 7th February 1964, with amending Protocol signed at Rome on 14th July 1970,

—0the Convention between the United Kingdom and the Kingdom of the Netherlands providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at The Hague on 17th November 1967,

—0the Convention between Spain and France on the recognition and enforcement of judgment arbitration awards in civil and commercial matters, signed at Paris on 28th May 1969,

—0the Convention between Spain and Italy regarding legal aid and the recognition and enforcement of judgments in civil and commercial matters, signed at Madrid on 22nd May 1973,

—0the Convention between Spain and the Federal Republic of Germany on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Bonn on 14th November 1983,

and, in so far as it is in force—

—0the Treaty between Belgium, the Netherlands and Luxembourg on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 24th November 1961.

Article 56E+W+S+N.I.

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Convention.

Article 57E+W+S+N.I.

1.This Convention shall not affect any conventions to which the Contracting States are or will be parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.

2.With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner—

(a)this Convention shall not prevent a court of a Contracting State which is a party to a convention on a particular matter from assuming jurisdiction in accordance with that Convention, even where the defendant is domiciled in another Contracting State which is not a party to that Convention. The court hearing the action shall, in any event, apply Article 20 of this Convention;

(b)judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognized and enforced in the other Contracting State in accordance with this Convention.

Where a convention on a particular matter to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedure for recognition and enforcement of judgments may be applied.

3.This Convention shall not affect the application of provisions which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are or will be contained in acts of the institutions of the European Communities or in national laws harmonized in implementation of such acts.

Article 58E+W+S+N.I.

Until such time as the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on 16th September 1988, takes effect with regard to France and the Swiss Confederation, this Convention shall not affect the rights granted to Swiss nationals by the Convention between France and the Swiss Confederation on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15th June 1869.

Article 59E+W+S+N.I.

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recognize judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognize a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there—

1.if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2.if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIIIE+W+S+N.I.FINAL PROVISIONS

Article 60E+W+S+N.I.

[Deleted]

Article 61E+W+S+N.I.

This Convention 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.

Article 62E+W+S+N.I.

This Convention 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.

Article 63E+W+S+N.I.

The Contracting States recognize that any State which becomes a member of the European Economic Community shall be required to accept this Convention as a basis for the negotiations between the Contracting States and that State necessary to ensure the implementation of the last paragraph of Article 220 of the Treaty establishing the European Economic Community.

The necessary adjustments may be the subject of a special convention between the Contracting States of the one part and the new Member States of the other part.

Article 64E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the date of entry into force of this Convention;

(c)[Deleted]

(d)any declaration received pursuant to Article IV of the Protocol;

(e)any communication made pursuant to Article VI of the Protocol.

Article 65E+W+S+N.I.

The Protocol annexed to this Convention by common accord of the Contracting State shall form an integral part thereof.

Article 66E+W+S+N.I.

This Convention is concluded for an unlimited period.

Article 67E+W+S+N.I.

Any Contracting State may request the revision of this Convention. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Article 68E+W+S+N.I.

This Convention, 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.

(Signatures of Plenipotentiaries of the original six Contracting States)

ANNEXED PROTOCOLE+W+S+N.I.

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention.

Article IE+W+S+N.I.

Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article IIE+W+S+N.I.

Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which is as not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.

However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognized or enforced in the other Contracting States.

Article IIIE+W+S+N.I.

In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IVE+W+S+N.I.

Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to the Secretary-General of the Council of the European Communities, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The fowarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article VE+W+S+N.I.

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany. In that State, any person domiciled in another Contracting State may be sued in the courts in pursuance of Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices.

Judgments given in the other Contracting States by virtue of point 2 of Article 6 or Article 10 shall be recognized and enforced in the Federal Republic of Germany in accordance with Title III. Any effects which judgments given in that State may have on third parties by application of Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) shall also be recognized in the other Contracting States.

Article VaE+W+S+N.I.

In matters relating to maintenance, the expression “court” includes the Danish administrative authorites.

Article VbE+W+S+N.I.

In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, Greece, in Ireland or in Portugal, concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article VcE+W+S+N.I.

Articles 52 and 53 of this Convention shall, when applied by Article 69(5) of the Convention for the European patent for the common market, signed at Luxembourg on 15th December 1975, to the provisions relating to “residence” in the English text of that Convention, operate as if “residence” in that text were the same as “domicile” in Articles 52 and 53.

Article VdE+W+S+N.I.

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5th October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provisions of Article 86 of the Convention for the European patent for the common market, signed at luxembourg on 15th December 1975.

Article VIE+W+S+N.I.

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the text of any provisions of their laws which amend either those articles of their laws mentioned in the Convention or the list of courts specified in Section 2 of Title III of the Convention.

(Signatures of Plenipotentiaries of the orginal six Contracting States)]

Section 2(2).

[F138SCHEDULE 2E+W+S+N.I. TEXT OF 1971 PROTOCOL, AS AMENDED

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Amendments (Textual)

F138Sch. 2 substituted (1.10.1991) by S.I. 1990/2591, art. 12(2), Sch. 2

Article 1E+W+S+N.I.

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 27th 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 27th 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 27th September 1968 and to this Protocol, as adjusted by the 1978 Convention and the 1982 Convention.

Article 2E+W+S+N.I.

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

1—0in Belgium: la Cour de Cassation—het Hof van Cassatie and le Conseil d’État—de Raad van State,E+W+S+N.I.

—0in Denmark: højesteret,

—0in the Federal Republic of Germany: die obersten Gerichtshöfe des Bundes,

—0in Greece: the anwtata dikasthria,

—0in Spain: el Tribunal Supremo,

—0in France: la Cour de Cassation and le Conseil d’État,

—0in Ireland: the Supreme Court,

—0in Italy: la Corte Suprema di Cassazione,

—0in Luxembourg: la Cour supérieure de Justice when sitting as Cour de Cassation,

—0in the Netherlands: de Hoge Raad,

—0in Portugal: o Supremo Tribunal de Justiça and o Supremo Tribunal Adminstrativo,

—0in the United Kingdom: the House of Lords and courts to which application has been made under the second paragraph of Article 37 or under Article 41 of the Convention.

2The courts of the Contracting States when they are sitting in an appellate capacity.E+W+S+N.I.

3In the cases provided for in Article 37 of the Convention, the courts referred to in that Article.E+W+S+N.I.

Article 3E+W+S+N.I.

1Where a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 is raised in a case pending before one of the courts listed in point 1 of Article 2, that court shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.E+W+S+N.I.

2Where such a question is raised before any court referred to in point 2 or 3 of Article 2, that court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a ruling thereon.E+W+S+N.I.

Article 4E+W+S+N.I.

1The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 if judgments given by courts of that State conflict with the interpretation given either by the Court of Justice or in a judgment of one of the courts of another Contracting State referred to in point 1 or 2 of Article 2. The provisions of this paragraph shall apply only to judgments which have becomeres judicata.E+W+S+N.I.

2The interpretation given by the Court of Justice in response to such a request shall not affect the judgments which gave rise to the request for interpretation.E+W+S+N.I.

3The Procurators-General of the Courts of Cassation of the Contracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance with paragraph 1.E+W+S+N.I.

4The Registrar of the Court of Justice shall give notice of the request to the Contracting States, to the Commission and to the Council of the European Communities; they shall then be entitled within two months of the notification to submit statements of case or written observations to the Court.E+W+S+N.I.

5No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.E+W+S+N.I.

Article 5E+W+S+N.I.

1Except where this Protocol otherwise provides, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Statute of the Court of Justice annexed thereto, which are applicable when the Court is requested to give a preliminary ruling, shall also apply to any proceedings for the interpretation of the Convention and the other instruments referred to in Article 1.E+W+S+N.I.

2The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.E+W+S+N.I.

Article 6E+W+S+N.I.

[Deleted]

Article 7E+W+S+N.I.

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.

Article 8E+W+S+N.I.

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

Article 9E+W+S+N.I.

The Contracting States recognize 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.

Article 10E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the date of entry into force of this Protocol;

(c)any designation received pursuant to Article 4(3);

(d)[Deleted].

Article 11E+W+S+N.I.

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.

Article 12E+W+S+N.I.

This Protocol is concluded for an unlimited period.

Article 13E+W+S+N.I.

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.

Article 14E+W+S+N.I.

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.]

Section 2(2).

[F139SCHEDULE 3E+W+S+N.I. TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

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Amendments (Textual)

F139Sch. 3 substituted (1.10.1991) by S.I. 1990/2591, art. 12(3), Sch. 3

TITLE VE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 34E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, with the amendments made by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, as between the six Contracting States to the 1968 Convention, judgments given after the date of entry into force of this Convention, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended.E+W+S+N.I.

3Moreover, as between the six Contracting States to the 1968 Convention and the three States mentioned in Article 1 of this Convention, and as between those three States, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall also be recognised and enforced in accordance with the provisions of Title III of the 1968 convention as amended if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.E+W+S+N.I.

Article 35E+W+S+N.I.

[Deleted]

Article 36E+W+S+N.I.

[Deleted]

TITLE VIE+W+S+N.I. FINAL PROVISIONS

Article 37E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention and of the 1971 Protocol in the Dutch, French, German and Italian languages to the Governments of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.

The texts of the 1968 Convention and the 1971 Protocol, drawn up in the Danish, English and Irish languages, shall be annexed to this Convention. The texts drawn up in the Danish, English and Irish languages shall be authentic under the same conditions as the orginal texts of the 1968 Convention and the 1971 Protocol.

Article 38E+W+S+N.I.

This Convention 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.

Article 39E+W+S+N.I.

This Convention shall enter into force, as between the States which shall have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the original Member States of the Community and one new Member State.

It shall enter into force for each new Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 40E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 41E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, all seven 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.]

Section2(2).

Schedule 1E+W+S+N.I. TEXT OF 1968 CONVENTION, AS AMENDED

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

Section 2(2).

SCHEDULE 3E+W+S+N.I. TEXT OF TITLES V AND VI OF ACCESSION CONVENTION

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

Section 2(2)

[F142SCHEDULE 3AE+W+S+N.I.TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

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Amendments (Textual)

TITLE VE+W+S+N.I.Transitional provisions

Article 12E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.E+W+S+N.I.

TITLE VIE+W+S+N.I.Final Provisions

Article 13E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian languages to the Government of the Hellenic Republic.

The texts of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention, drawn up in the Greek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol and the 1978 Convention.

Article 14E+W+S+N.I.

This Convention 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.

Article 15E+W+S+N.I.

This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Hellenic Republic and those States which have put into force the 1978 Convention in accordance with Article 39 of that Convention.

It shall enter into force for each Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 16E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of:

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 17E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages, all eight texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section 2(2)

[F143SCHEDULE 3BE+W+S+N.I. TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION

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Amendments (Textual)

F143Sch. 3B inserted (1.10.1991) by S.I. 1990/2591, art. 12(4), Sch. 4

TITLE VIE+W+S+N.I.TRANSITIONAL PROVISIONS

Article 29E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.E+W+S+N.I.

TITLE VIIE+W+S+N.I.FINAL PROVISIONS

Article 30E+W+S+N.I.

1The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and of the Portuguese Republic.E+W+S+N.I.

2The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention, drawn up in the Portuguese and Spanish languages, are set out in Annexes II, III, IV and V to this Convention. The texts drawn up in the Portuguese and Spanish languages shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, the 1978 Convention and the 1982 Convention.E+W+S+N.I.

Article 31E+W+S+N.I.

This Convention 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.

Article 32E+W+S+N.I.

1This Convention shall enter into force on the first day of the third month following the date on which two signatory States, of which one is the Kingdom of Spain or the Portuguese Republic, deposit their instruments of ratification.E+W+S+N.I.

2This Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.E+W+S+N.I.

Article 33E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 34E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section 3A(2).

[F144Schedule 3CE+W+S+N.I. Text of the Lugano Convention

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Amendments (Textual)

Arrangement of ProvisionsE+W+S+N.I.

TITLE I. SCOPE (Article 1)

TI TLE II. JURISDICTION

Section 1. General provisions (Articles 2-4).

Section 2. Special jurisdiction (Articles 5-6A).

Section 3. Jurisdiction in matters relating to insurance (Articles 7-12A).

Section 4. Jurisdiction over consumer contracts (Articles 13-15).

Section 5. Exclusive jurisdiction (Article 16).

Section 6. Prorogation of jurisdiction (Articles 17-18).

Section 7. Examination as to jurisdiction and admissibility (Articles 19-20).

Section 8.Lis pendens-related actions (Articles 21-23).

Section 9. Provisional, including protective, measures (Article 24).

TITLE III. RECOGNITION AND ENFORCEMENT

Definition of “judgment” (Article 25).

Section 1. Recognition (Articles 26-30).

Section 2. Enforcement (Articles 31-45).

Section 3. Common provisions (Articles 46-49).

TITLE IV. AUTHENTIC INSTRUMENTS AND COURT

SETTLEMENTS (Articles 50-51)

TITLE V. GENERAL PROVISIONS (Articles 52-53)

TITLE VI. TRANSITIONAL PROVISIONS (Articles 54-54A)

TITLE VII. RELATIONSHIP TO THE BRUSSELS CONVENTION

AND TO OTHER CONVENTIONS (Articles 54B-59)

TITLE VIII. FINAL PROVISIONS (Articles 60-68)

PROTOCOL NO. 1—ON CERTAIN QUESTIONS OF JURISDICTION,

PROCEDURE AND ENFORCEMENT

PROTOCOL NO. 2—ON THE UNIFORM INTERPRETATION OF THE

CONVENTION

PROTOCOL NO. 3—ON THE APPLICATION OF ARTICLE 57

CONVENTIONE+W+S+N.I.

E+W+S+N.I. ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

PreambleE+W+S+N.I.

The High Contracting Parties to this Convention,

Anxious to strengthen in their territories the legal protection of persons therein established,

Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements,

Aware of the links between them, which have been sanctioned in the economic field by the free trade agreements concluded between the European Economic Community and the States members of the European Free Trade Association,

Taking into account the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Accession Conventions under the successive enlargements of the European Communities,

Persuaded that the extension of the principles of that Convention to the States parties to this instrument will strengthen legal and economic co-operation in Europe,

Desiring to ensure as uniform an interpretation as possible of this instrument,

Have in this spirit decided to conclude this Convention and

Have agreed as follows:

TITLE IE+W+S+N.I. SCOPE

Article 1E+W+S+N.I.

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to:

1. the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;

2. bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

3. social security;

4. arbitration.

TITLE IIE+W+S+N.I. JURISDICTION

Section 1E+W+S+N.I. General Provisions

Article 2E+W+S+N.I.

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3E+W+S+N.I.

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them:

— in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek),

— in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),

— in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

— in Greece: Article 40 of the code of civil procedure (Κωδικαsπολιτικηsδικονομιαs),

— in France: Articles 14 and 15 of the civil code (Code civil),

— in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,

— in Iceland: Article 77 of the Civil Proceedings Act (lög um meδferδ einkamála í héraδi),

— in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

— in Luxembourg: Articles 14 and 15 of the civil code (Code civil),

— in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),

— in Norway: Section 32 of the Civil Proceedings Act (tvistemålsloven),

— in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm),

— in Portugal: Articles 65(1)(c), 65(2) and 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

— in Switzerland: le for du lieu du séquestre/Gerichtsstand des Arrestortes/ foro del luogo del sequestro within the meaning of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz über das internationale Privatrecht/legge federale sul diritto internazionale privato,

— in Finland: the second, third and fourth sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken),

— in Sweden: the first sentence of Section 3 of Chapter 10 of the Code of Judicial Procedure (Rättegångsbalken),

— in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or

(b) the presence within the United Kingdom of property belonging to the defendant; or

(c) the seizure by the plaintiff of property situated in the United Kingdom.

Article 4E+W+S+N.I.

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.

Section 2E+W+S+N.I. Special Jurisdiction

Article 5E+W+S+N.I.

A person domiciled in a Contracting State may, in another Contracting State, be sued:

1in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, this place shall be the place of business through which he was engaged;E+W+S+N.I.

2in 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, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;E+W+S+N.I.

3in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;E+W+S+N.I.

4as 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+W+S+N.I.

5as 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;E+W+S+N.I.

6in 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;E+W+S+N.I.

7as 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:E+W+S+N.I.

(a)has been arrested to secure such payment,

or

(b)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.

Article 6E+W+S+N.I.

A person domiciled in a Contracting State may also be sued:

1where he is one of a number of defendants, in the courts for the place where any one of them is domiciled;E+W+S+N.I.

2as 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;E+W+S+N.I.

3on 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;E+W+S+N.I.

4in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.E+W+S+N.I.

Article 6AE+W+S+N.I.

Where by virtue of this Convention a court of a Contracting State 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 State, shall also have jurisdiction over claims for limitation of such liability.

Section 3E+W+S+N.I. Jurisdiction in Matters Relating to Insurance

Article 7E+W+S+N.I.

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5).

Article 8E+W+S+N.I.

An insurer domiciled in a Contracting State may be sued:

1in the courts of the State where he is domiciled; orE+W+S+N.I.

2in another Contracting State, in the courts for the place where the policy-holder is domiciled; orE+W+S+N.I.

3if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.E+W+S+N.I.

An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9E+W+S+N.I.

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10E+W+S+N.I.

In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11E+W+S+N.I.

Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement on jurisdiction:

1which is entered into after the dispute has arisen; orE+W+S+N.I.

2which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; orE+W+S+N.I.

3which is concluded between a policy-holder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of the State; orE+W+S+N.I.

4which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State; orE+W+S+N.I.

5which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12A.E+W+S+N.I.

Article 12AE+W+S+N.I.

The following are the risks referred to in Article 12(5):

1any loss of or damage to:E+W+S+N.I.

(a)sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;

(b)goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft;

2any liability, other than for bodily injury to passengers or loss of or damage to their baggage;E+W+S+N.I.

(a)arising out of the use or operation of ships, installations or aircraft as referred to in (1)(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

(b)for loss or damage caused by goods in transit as described in (1)(b) above;

3any financial loss connected with the use or operation of ships, installations or aircraft as referred to in (1)(a) above, in particular loss of freight or charter-hire;E+W+S+N.I.

4any risk or interest connected with any of those referred to in (1) to (3) above.E+W+S+N.I.

Section 4E+W+S+N.I. Jurisdiction Over Consumer Contracts

Article 13E+W+S+N.I.

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer”, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5), if it is:

1a contract for the sale of goods on instalment credit terms; orE+W+S+N.I.

2a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; orE+W+S+N.I.

3any other contract for the supply of goods or a contract for the supply of services, andE+W+S+N.I.

(a)in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and

(b)the consumer took in that State the steps necessary for the conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Article 14E+W+S+N.I.

A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled.

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

These provisions shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 15E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement:

1which is entered into after the dispute has arisen; orE+W+S+N.I.

2which allows the consumer to bring proceedings in courts other than those indicated in this Section; orE+W+S+N.I.

3which 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 same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.E+W+S+N.I.

Section 5E+W+S+N.I. Exclusive Jurisdiction

Article 16E+W+S+N.I.

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

(a)in proceedings which have as their object rightsin rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;

(b)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 Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and neither party is domiciled in the Contracting State in which the property is situated;

2in 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, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;E+W+S+N.I.

3in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;E+W+S+N.I.

4in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place;E+W+S+N.I.

5in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.E+W+S+N.I.

Section 6E+W+S+N.I. Prorogation of Jurisdiction

Article 17E+W+S+N.I.

1If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either:E+W+S+N.I.

(a)in writing or evidenced in writing, or

(b)in a form which accords with practices which the parties have established between themselves, or

(c)in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

2The court or courts of a Contracting State on which a trust instrument has conferred jurisdiction shall have exclusive 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.E+W+S+N.I.

3Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.E+W+S+N.I.

4If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.E+W+S+N.I.

5In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen.E+W+S+N.I.

Article 18E+W+S+N.I.

Apart from jurisdiction derived from other provisions of this Convention, a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7E+W+S+N.I. Examination as to Jurisdiction and Admissibility

Article 19E+W+S+N.I.

Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20E+W+S+N.I.

Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State 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 Convention.

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.

The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the document instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

Section 8E+W+S+N.I.LIS PENDENS— Related Actions

Article 21E+W+S+N.I.

Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Contracting States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22E+W+S+N.I.

Where related actions are brought in the courts of different Contracting States, any court other than the court first seised may, while the actions are pending at first instance, stay its proceedings.

A court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the law of that court permits the consolidation of related actions and the court first seised has jurisdiction over both actions.

For the purposes of this Article, actions are deemed to be related where they 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.

Article 23E+W+S+N.I.

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

Section 9E+W+S+N.I. Provisional, Including Protective, Measures

Article 24E+W+S+N.I.

Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE IIIE+W+S+N.I. RECOGNITION AND ENFORCEMENT

Article 25E+W+S+N.I.

For the purposes of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

Section 1E+W+S+N.I. Recognition

Article 26E+W+S+N.I.

A judgment given in a Contracting State shall be recognised in the other Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognised.

If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27E+W+S+N.I.

A judgment shall not be recognised:

1if such recognition is contrary to public policy in the State in which recognition is sought;E+W+S+N.I.

2where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence;E+W+S+N.I.

3if the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought;E+W+S+N.I.

4if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;E+W+S+N.I.

5if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the State addressed.E+W+S+N.I.

Article 28E+W+S+N.I.

Moreover, a judgment shall not be recognised if it conflicts with the provisions of Section 3, 4 or 5 of Title II or in a case provided for in Article 59.

A judgment may furthermore be refused recognition in any case provided for in Article 54B(3) or 57(4).

In its examination of the grounds of jurisdiction referred to in the foregoing paragraphs, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

Subject to the provisions of the first and second paragraphs, the jurisdiction of the court of the State of origin may not be reviewed; the test of public policy referred to in Article 27(1) may not be applied to the rules relating to jurisdiction.

Article 29E+W+S+N.I.

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30E+W+S+N.I.

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin by reason of an appeal.

Section 2E+W+S+N.I. Enforcement

Article 31E+W+S+N.I.

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32E+W+S+N.I.

1The application shall be submitted:E+W+S+N.I.

  • — in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

  • — in Denmark, to the byret,

  • — in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

  • — in Greece, to the μονομελέsπρωτοδικεíο,

  • — in Spain, to the Juzgado de Primera Instancia,

  • — in France, to the presiding judge of the tribunal de grande instance,

  • — in Ireland, to the High Court,

  • — in Iceland, to the héraδsdómari,

  • — in Italy, to the corte d’appello,

  • — in Luxembourg, to the presiding judge of the tribunal d’arrondissement,

  • — in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

  • — in Norway, to the herredsrett or byrett as namsrett,

  • — in Austria, to the Landesgericht or the Kreisgericht,

  • — in Portugal, to the Tribunal Judicial de Cigrculo,

  • — in Switzerland:

    (a)

    in respect of judgments ordering the payment of a sum of money, to the juge de la mainlevée/Rechtsöffnungsrichter/giudice competente a pronunciare sul rigetto dell’opposizione, within the framework of the procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz über Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento;

    (b)

    in respect of judgments ordering a performance other than the payment of a sum of money, to the juge cantonal d’exequatur compétent/zuständiger kantonaler Vollstreckungsrichter/giudice cantonale competente a pronunciare l’exequatur,

  • — in Finland, to the ulosotonhaltija/överexekutor,

  • — in Sweden, to the Svea hovrätt,

  • — in the United Kingdom:

    (a)

    in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State;

    (b)

    in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;

    (c)

    in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.

2The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.E+W+S+N.I.

Article 33E+W+S+N.I.

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representativead litem.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34E+W+S+N.I.

The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

The application may be refused only for one of the reasons specified in Articles 27 and 28.

Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35E+W+S+N.I.

The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36E+W+S+N.I.

If enforcement is authorised, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorising enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37E+W+S+N.I.

1An appeal against the decision authorising enforcement shall be lodged in accordance with the rules governing procedure in contentious matters:E+W+S+N.I.

  • — in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,

  • — in Denmark, with the landsret,

  • — in the Federal Republic of Germany, with the Oberlandesgericht,

  • — in Greece, with the έωερειο

  • — in Spain, with the Audiencia Provincial,

  • — in France, with the cour d’appel,

  • — in Ireland, with the High Court,

  • — in Iceland, with the héraδsdómari,

  • — in Italy, with the corte d’appello,

  • — in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,

  • — in the Netherlands, with the arrondissementsrechtbank,

  • — in Norway, with the lagmannsrett,

  • — in Austria, with the Landesgericht or the Kreisgericht,

  • — in Portugal, with the Tribunal da Relação,

  • — in Switzerland, with the tribunal cantonal/Kantonsgericht/tribunale cantonale,

  • — in Finland, with the hovioikeus/hovrätt,

  • — in Sweden, with the Svea hovrätt,

  • — in the United Kingdom:

    (a)

    in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;

    (b)

    in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;

    (c)

    in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.

2The judgment given on the appeal may be contested only:E+W+S+N.I.

  • — in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

  • — in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

  • — in the Federal Republic of Germany, by a Rechtsbeschwerde,

  • — in Ireland, by an appeal on a point of law to the Supreme Court,

  • — in Iceland, by an appeal to the Hæstiréttur,

  • — in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts Kjæremålsutvalg or Hoyesterett,

  • — in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a Revision,

  • — in Portugal, by an appeal on a point of law,

  • — in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,

  • — in Finland, by an appeal to the korkein oikeus/högsta domstolen,

  • — in Sweden, by an appeal to the högsta domstolen,

  • — in the United Kingdom, by a single further appeal on a point of law.

Article 38E+W+S+N.I.

The court with which the appeal under the first paragraph of Article 37 is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39E+W+S+N.I.

During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to proceed to any such protective measures.

Article 40E+W+S+N.I.

1If the application for enforcement is refused, the applicant may appeal:E+W+S+N.I.

  • — in Belgium, to the cour d’appel or hof van beroep,

  • — in Denmark, to the landsret,

  • — in the Federal Republic of Germany, to the Oberlandesgericht,

  • — in Greece, to the έωετειο,

  • — in Spain, to the Audiencia Provincial,

  • — in France, to the cour d’appel,

  • — in Ireland, to the High Court,

  • — in Iceland, to the héraδsdómari,

  • — in Italy, to the corte d’appello,

  • — in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

  • — in the Netherlands, to the gerechtshof,

  • — in Norway, to the lagmannsrett,

  • — in Austria, to the Landesgericht or the Kreisgericht,

  • — in Portugal, to the Tribunal da Relação,

  • — in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale cantonale,

  • — in Finland, to the hovioikeus/hovrätt,

  • — in Sweden, to the Svea hovrätt,

  • — in the United Kingdom:

    (a)

    in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;

    (b)

    in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;

    (c)

    in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.E+W+S+N.I.

Article 41E+W+S+N.I.

A judgment given on an appeal provided for in Article 40 may be contested only:

  • — in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

  • — in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

  • — in the Federal Republic of Germany, by a Rechtsbeschwerde,

  • — in Ireland, by an appeal on a point of law to the Supreme Court,

  • — in Iceland, by an appeal to the Hæstiréttur,

  • — in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts kjæremålsutvalg or Hoyesterett,

  • — in Austria, by a Revisionsrekurs,

  • — in Portugal, by an appeal on a point of law,

  • — in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,

  • — in Finland, by an appeal to the korkein oikeus/högsta domstolen,

  • — in Sweden, by an appeal to the högsta domstolen,

  • — in the United Kingdom, by a single further appeal on a point of law.

Article 42E+W+S+N.I.

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorised for all of them, the court shall authorise enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43E+W+S+N.I.

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44E+W+S+N.I.

An applicant who, in the State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed.

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark or in Iceland in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from, respectively, the Danish Ministry of Justice or the Icelandic Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45E+W+S+N.I.

No security, bond or deposit, however described, shall be required of a party who in one Contracting State applies for enforcement of a judgment given in another Contracting State on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

Section 3E+W+S+N.I. Common Provisions

Article 46E+W+S+N.I.

A party seeking recognition or applying for enforcement of a judgment shall produce:

1a copy of the judgment which satisfies the conditions necessary to establish its authenticity;E+W+S+N.I.

2in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.E+W+S+N.I.

Article 47E+W+S+N.I.

A party applying for enforcement shall also produce:

1documents which establish that, according to the law of the State of origin, the judgment is enforceable and has been served;E+W+S+N.I.

2where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.E+W+S+N.I.

Article 48E+W+S+N.I.

If the documents specified in Article 46(2) and Article 47(2) are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translation shall be certified by a person qualified to do so in one of the Contracting States.

Article 49E+W+S+N.I.

No legalisation or other similar formality shall be required in respect of the documents referred to in Article 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representativead litem.

TITLE IVE+W+S+N.I. AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50E+W+S+N.I.

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 31et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

The provisions of Section 3 of Title III shall apply as appropriate.

Article 51E+W+S+N.I.

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.

TITLE VE+W+S+N.I. GENERAL PROVISIONS

Article 52E+W+S+N.I.

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Modifications etc. (not altering text)

C17Sch. 3C art. 52 applied (10.6.2002) by S.S.I. 2002/133, Sch. 1 Ch. 8 rule 8.3(3)(b)

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

Article 53E+W+S+N.I.

For the purposes of this Convention, the seat of a company or other legal person or association of natural or legal persons shall be treated as its domicile. However, in order to determine that seat, the court shall apply its rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VIE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 54E+W+S+N.I.

The provisions of this Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

If the parties to a dispute concerning a contract had agreed in writing before the entry into force of this Convention that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54AE+W+S+N.I.

For a period of three years from the entry into force of this Convention for Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden, respectively, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 7 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of these States, these provisions shall cease to have effect for that State.

1A person who is domiciled in a Contracting State may be sued in the courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either:E+W+S+N.I.

(a)the claimant is domiciled in the latter State; or

(b)the claim arose in the latter State; or

(c)the claim concerns the voyage during which the arrest was made or could have been made; or

(d)the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations; or

(e)the claim is for salvage; or

(f)the claim is in respect of a mortgage or hypothecation of the ship arrested.

2A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in 5.(o), (p) or (q) of this Article.E+W+S+N.I.

3Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.E+W+S+N.I.

4When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.E+W+S+N.I.

5The expression “maritime claim” means a claim arising out of one or more of the following:E+W+S+N.I.

(a)damage caused by any ship either in collision or otherwise;

(b)loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;

(c)salvage;

(d)agreement relating to the use or hire of any ship whether by charterparty or otherwise;

(e)agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

(f)loss of or damage to goods including baggage carried in any ship;

(g)general average;

(h)bottomry;

(i)towage;

(j)pilotage;

(k)goods or materials wherever supplied to a ship for her operation or maintenance;

(l)construction, repair or equipment of any ship or dock charges and dues;

(m)wages of masters, officers or crew;

(n)master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

(o)dispute as to the title to or ownership of any ship;

(p)disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

(q)the mortgage or hypothecation of any ship.

6In Denmark, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “forbud”, where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).E+W+S+N.I.

7In Iceland, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “loigbann”, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (loig um kyrrsetningu og lögbann).E+W+S+N.I.

TITLE VIIE+W+S+N.I. RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS

Article 54BE+W+S+N.I.

1This Convention shall not prejudice the application by the Member States of the European Communities of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Brussels on 27 September 1968 and of the Protocol on interpretation of that Convention by the Court of Justice, signed at Luxembourg on 3 June 1971, as amended by the Conventions of Accession to the said Convention and the said Protocol by the States acceding to the European Communities, all of these Conventions and the Protocol being hereinafter referred to as the “Brussels Convention”.E+W+S+N.I.

2However, this Convention shall in any event be applied:E+W+S+N.I.

(a)in matters of jurisdiction, where the defendant is domiciled in the territory of a Contracting State which is not a member of the European Communities, or where Article 16 or 17 of this Convention confers a jurisdiction on the courts of such a Contracting State;

(b)in relation to alis pendens or to related actions as provided for in Articles 21 and 22, when proceedings are instituted in a Contracting State which is not a member of the European Communities and in a Contracting State which is a member of the European Communities;

(c)in matters of recognition and enforcement, where either the State of origin or the State addressed is not a member of the European Communities.

3In addition to the grounds provided for in Title III recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a Contracting State which is not a member of the European Communities, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.E+W+S+N.I.

Article 55E+W+S+N.I.

Subject to the provisions of the second paragraph of Article 54 and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them:

— the Convention between the Swiss Confederation and France on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15 June 1869,

— the Treaty between the Swiss Confederation and Spain on the mutual enforcement of judgments in civil or commercial matters, signed at Madrid on 19 November 1896,

— the Convention between the Swiss Confederation and the German Reich on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 2 November 1929,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments, signed at Copenhagen on 16 March 1932,

— the Convention between the Swiss Confederation and Italy on the recognition and enforcement of judgments, signed at Rome on 3 January 1933,

— the Convention between Sweden and the Swiss Confederation on the recognition and enforcement of judgments and arbitral awards, signed at Stockholm on 15 January 1936,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments relating to maintenance obligations, signed at Vienna on 25 October 1957,

— the Convention between the Swiss Confederation and Belgium on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 29 April 1959,

— the Convention between the Federal Republic of Germany and Austria on the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed at Vienna on 6 June 1959,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments, arbitral awards and authentic instruments in civil and commercial matters, signed at Vienna on 16 June 1959,

— the Convention between Austria and the Swiss Confederation on the recognition and enforcement of judgments, signed at Berne on 16 December 1960,

— the Convention between Norway and the United Kingdom providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at London on 12 June 1961,

— the Convention between the United Kingdom and Austria providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Vienna on 14 July 1961, with amending Protocol signed at London on 6 March 1970,

— the Convention between the Kingdom of the Netherlands and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at The Hague on 6 February 1963,

— the Convention between France and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Vienna on 15 July 1966,

— the Convention between Luxembourg and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Luxembourg on 29 July 1971,

— the Convention between Italy and Austria on the recognition and enforcement of judgments in civil and commercial matters, of judicial settlements and of authentic instruments, signed at Rome on 16 November 1971,

— the Convention between Norway and the Federal Republic of Germany on the recognition and enforcement of judgments and enforceable documents, in civil and commercial matters, signed at Oslo on 17 June 1977,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977,

— the Convention between Austria and Sweden on the recognition and enforcement of judgments in civil matters, signed at Stockholm on 16 September 1982,

— the Convention between Austria and Spain on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Vienna on 17 February 1984,

— the Convention between Norway and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 21 May 1984, and

— the Convention between Finland and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 17 November 1986.

Article 56E+W+S+N.I.

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Convention.

Article 57E+W+S+N.I.

1This Convention shall not affect any conventions to which the Contracting States are or will be parties and which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.E+W+S+N.I.

2This Convention shall not prevent a court of a Contracting State which is party to a convention referred to in the first paragraph from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a Contracting State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.E+W+S+N.I.

3Judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention referred to in the first paragraph shall be recognised and enforced in the other Contracting States in accordance with Title III of this Convention.E+W+S+N.I.

4In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not a contracting party to a convention referred to in the first paragraph and the person against whom recognition or enforcement is sought is domiciled in that State, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.E+W+S+N.I.

5Where a convention referred to in the first paragraph to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures for recognition and enforcement of judgments may be applied.E+W+S+N.I.

Article 58E+W+S+N.I.

(None)E+W+S+N.I.

Article 59E+W+S+N.I.

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recognise judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognise a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there:

1. if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2. if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIIIE+W+S+N.I. FINAL PROVISIONS

Article 60E+W+S+N.I.

The following may be parties to this Convention:

(a)States which, at the time of the opening of this Convention for signature, are members of the European Communities or of the European Free Trade Association;

(b)States which, after the opening of this Convention for signature, become members of the European Communities or of the European Free Trade Association;

(c)States invited to accede in accordance with Article 62(1)(b).

Article 61E+W+S+N.I.

1This Convention shall be opened for signature by the States members of the European Communities or of the European Free Trade Association.E+W+S+N.I.

2The Convention shall be submitted for ratification by the signatory States. The instruments of ratification shall be deposited with the Swiss Federal Council.E+W+S+N.I.

3The Convention shall enter into force on the first day of the third month following the date on which two States, of which one is a member of the European Communities and the other a member of the European Free Trade Association, deposit their instruments of ratification.E+W+S+N.I.

4The Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.E+W+S+N.I.

Article 62E+W+S+N.I.

1After entering into force this Convention shall be open to accession by:E+W+S+N.I.

(a)the States referred to in Article 60(b);

(b)other States which have been invited to accede upon a request made by one of the Contracting States to the depositary State. The depositary State shall invite the State concerned to accede only if, after having communicated the contents of the communications that this State intends to make in accordance with Article 63, it has obtained the unanimous agreement of the signatory States and the Contracting States referred to in Article 60(a) and (b).

2If an acceding State wishes to furnish details for the purposes of Protocol No. 1, negotiations shall be entered into to that end. A negotiating conference shall be convened by the Swiss Federal Council.E+W+S+N.I.

3In respect of an acceding State, the Convention shall take effect on the first day of the third month following the deposit of its instrument of accession.E+W+S+N.I.

4However, in respect of an acceding State referred to in paragraph 1(a) or (b), the Convention shall take effect only in relations between the acceding State and the Contracting States which have not made any objections to the accession before the first day of the third month following the deposit of the instrument of accession.E+W+S+N.I.

Article 63E+W+S+N.I.

Each acceding State shall, when depositing its instrument of accession, communicate the information required for the application of Articles 3, 32, 37, 40, 41 and 55 of this Convention and furnish, if need be, the details prescribed during the negotiations for the purposes of Protocol No. 1.

Article 64E+W+S+N.I.

1This Convention is concluded for an initial period of five years from the date of its entry into force in accordance with Article 61(3), even in the case of States which ratify it or accede to it after that date.E+W+S+N.I.

2At the end of the initial five-year period, the Convention shall be automatically renewed from year to year.E+W+S+N.I.

3Upon the expiry of the initial five-year period, any Contracting State may, at any time, denounce the Convention by sending a notification to the Swiss Federal Council.E+W+S+N.I.

4The denunciation shall take effect at the end of the calendar year following the expiry of a period of six months from the date of receipt by the Swiss Federal Council of the notification of denunciation.E+W+S+N.I.

Article 65E+W+S+N.I.

The following are annexed to this Convention:

  • — a Protocol No. 1, on certain questions of jurisdiction, procedure and enforcement,

  • — a Protocol No. 2, on the uniform interpretation of the Convention,

  • — a Protocol No. 3, on the application of Article 57.

    These Protocols shall form an integral part of the Convention.

Article 66E+W+S+N.I.

Any Contracting State may request the revision of this Convention. To that end, the Swiss Federal Council shall issue invitations to a revision conference within a period of six months from the date of the request for revision.

Article 67E+W+S+N.I.

The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of:

(a)the deposit of each instrument of ratification or accession;

(b)the dates of entry into force of this Convention in respect of the Contracting States;

(c)any denunciation received pursuant to Article 64;

(d)any declaration received pursuant to Article Ia of Protocol No. 1;

(e)any declaration received pursuant to Article Ib of Protocol No. 1;

(f)any declaration received pursuant to Article IV of Protocol No. 1;

(g)any communication made pursuant to Article VI of Protocol No. 1.

Article 68E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, all fourteen texts being equally authentic, shall be deposited in the archives of the Swiss Federal Council. The Swiss Federal Council shall transmit a certified copy to the Government of each State represented at the Diplomatic Conference of Lugano and to the Government of each acceding State.

Protocol No. 1E+W+S+N.I. ON CERTAIN QUESTIONS OF JURISDICTION, PROCEDURE AND ENFORCEMENT

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention:

Article IE+W+S+N.I.

Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article IaE+W+S+N.I.

1Switzerland reserves the right to declare, at the time of depositing its instrument of ratification, that a judgment given in another Contracting State shall be neither recognised nor enforced in Switzerland if the following conditions are met:E+W+S+N.I.

(a)the jurisdiction of the court which has given the judgment is based only on Article 5(1) of this Convention; and

(b)the defendant was domiciled in Switzerland at the time of the introduction of the proceedings; for the purposes of this Article, a company or other legal person is considered to be domiciled in Switzerland if it has its registered seat and the effective centre of activities in Switzerland; and

(c)the defendant raises an objection to the recognition or enforcement of the judgment in Switzerland, provided that he has not waived the benefit of the declaration foreseen under this paragraph.

2This reservation shall not apply to the extent that at the time recognition or enforcement is sought a derogation has been granted from Article 59 of the Swiss Federal Constitution. The Swiss Government shall communicate such derogations to the signatory States and the acceding States.E+W+S+N.I.

3This reservation shall cease to have effect on 31 December 1999. It may be withdrawn at any time.E+W+S+N.I.

Article IbE+W+S+N.I.

Any Contracting State may, by declaration made at the time of signing or of deposit of its instrument of ratification or of accession, reserve the right, notwithstanding the provisions of Article 28, not to recognise and enforce judgments given in the other Contracting States if the jurisdiction of the court of the State of origin is based, pursuant to Article 16(1)(b), exclusively on the domicile of the defendant in the State of origin, and the property is situated in the territory of the State which entered the reservation.

Article IIE+W+S+N.I.

Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.

However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Contracting States.

Article IIIE+W+S+N.I.

In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IVE+W+S+N.I.

Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to the Swiss Federal Council, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article VE+W+S+N.I.

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany, in Spain, in Austria and in Switzerland. Any person domiciled in another Contracting State may be sued in the courts:

— of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Spain, pursuant to Article 1482 of the civil code,

— of Austria, pursuant to Article 21 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Switzerland, pursuant to the appropriate provisions concerning third-party notices of the cantonal codes of civil procedure.

Judgments given in the other Contracting States by virtue of Article 6(2) or Article 10 shall be recognised and enforced in the Federal Republic of Germany, in Spain, in Austria and in Switzerland in accordance with Title III. Any effects which judgments given in these States may have on third parties by application of the provisions in the preceding paragraph shall also be recognised in the other Contracting States.

Article VaE+W+S+N.I.

In matters relating to maintenance, the expression “court” includes the Danish, Icelandic and Norwegian administrative authorities.

In civil and commercial matters, the expression “court” includes the Finnish ulosotonhaltija/överexekutor.

Article VbE+W+S+N.I.

In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland, in Iceland, in Norway, in Portugal or in Sweden concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article VcE+W+S+N.I.
(None)E+W+S+N.I.
Article VdE+W+S+N.I.

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5 October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provision of Article 86 of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975.

Article VIE+W+S+N.I.

The Contracting States shall communicate to the Swiss Federal Council the text of any provisions of their laws which amend either those provisions of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III.

Protocol No. 2E+W+S+N.I. ON THE UNIFORM INTERPRETATION OF THE CONVENTION

PreambleE+W+S+N.I.

The High Contracting Parties,

Having regard to Article 65 of this Convention,

Considering the substantial link between this Convention and the Brussels Convention,

Considering that the Court of Justice of the European Communities by virtue of the Protocol of 3 June 1971 has jurisdiction to give rulings on the interpretation of the provisions of the Brussels Convention,

Being aware of the rulings delivered by the Court of Justice of the European Communities on the interpretation of the Brussels Convention up to the time of signature of this Convention,

Considering that the negotiations which led to the conclusion of the Convention were based on the Brussels Convention in the light of these rulings,

Desiring to prevent, in full deference to the independence of the courts, divergent interpretations and to arrive at as uniform an interpretation as possible of the provisions of the Convention, and of these provisions and those of the Brussels Convention which are substantially reproduced in this Convention,

Have agreed as follows:

Article 1E+W+S+N.I.

The courts of each Contracting State shall, when applying and interpreting the provisions of the Convention, pay due account to the principles laid down by any relevant decision delivered by courts of the other Contracting States concerning provisions of this Convention.

Article 2E+W+S+N.I.

1The Contracting Parties agree to set up a system of exchange of information concerning judgments delivered pursuant to this Convention as well as relevant judgments under the Brussels Convention. This system shall comprise:E+W+S+N.I.

  • — transmission to a central body by the competent authorities of judgments delivered by courts of last instance and the Court of Justice of the European Communities as well as judgments of particular importance which have become final and have been delivered pursuant to this Convention or the Brussels Convention,

  • — classification of these judgments by the central body including, as far as necessary, the drawing-up and publication of translations and abstracts,

  • — communication by the central body of the relevant documents to the competent national authorities of all signatories and acceding States to the Convention and to the Commission of the European Communities.

2The central body is the Registrar of the Court of Justice of the European Communities.E+W+S+N.I.

Article 3E+W+S+N.I.

1A Standing Committee shall be set up for the purposes of this Protocol.E+W+S+N.I.

2The Committee shall be composed of representatives appointed by each signatory and acceding State.E+W+S+N.I.

3The European Communities (Commission, Court of Justice and General Secretariat of the Council) and the European Free Trade Association may attend the meetings as observers.E+W+S+N.I.

Article 4E+W+S+N.I.

1At the request of a Contracting Party, the depositary of the Convention shall convene meetings of the Committee for the purpose of exchanging views on the functioning of the Convention and in particular on:E+W+S+N.I.

  • — the development of the case-law as communicated under the first paragraph first indent of Article 2,

  • — the application of Article 57 of the Convention.

2The Committee, in the light of these exchanges, may also examine the appropriateness of starting on particular topics a revision of the Convention and make recommendations.E+W+S+N.I.

Protocol No. 3E+W+S+N.I. ON THE APPLICATION OF ARTICLE 57

The High Contracting Parties have agreed as follows:

1For the purposes of the Convention, provisions which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are, or will be, contained in acts of the institutions of the European Communities shall be treated in the same way as the conventions referred to in paragraph 1 of Article 57.E+W+S+N.I.

2If one Contracting State is of the opinion that a provision contained in an act of the institutions of the European Communities is incompatible with the Convention, the Contracting States shall promptly consider amending the Convention pursuant to Article 66, without prejudice to the procedure established by Protocol No. 2.]E+W+S+N.I.

[F145SCHEDULE 4E+W+S+N.I. CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

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Amendments (Textual)

F145Sch. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

GeneralE+W+S+N.I.

F1461Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part.E+W+S+N.I.

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Amendments (Textual)

F146Sch. 4 para. 1 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F1472Persons 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.E+W+S+N.I.

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Amendments (Textual)

F147Sch. 4 para. 2 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Special jurisdictionE+W+S+N.I.

F1483A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—E+W+S+N.I.

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

(b)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, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;

(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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Amendments (Textual)

F148Sch. 4 para. 3 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F1494Proceedings 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.E+W+S+N.I.

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Amendments (Textual)

F149Sch. 4 para. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F1505A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—E+W+S+N.I.

(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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Amendments (Textual)

F150Sch. 4 para. 5 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F1516Where 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.E+W+S+N.I.

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Amendments (Textual)

F151Sch. 4 para. 6 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Jurisdiction over consumer contractsE+W+S+N.I.

F1527(1)In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if—E+W+S+N.I.

(a)it is a contract for the sale of goods on instalment credit terms; or

(b)it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c)in all other cases, the contract 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 or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities.

(2)This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance.

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Amendments (Textual)

F152Sch. 4 para. 7 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F1538(1)A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.E+W+S+N.I.

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

(3)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

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Amendments (Textual)

F153Sch. 4 para. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F1549The provisions of rules 7 and 8 may be departed from only by an agreement—E+W+S+N.I.

(a)which is entered into after the dispute has arisen; or

(b)which allows the consumer to bring proceedings in courts other than those indicated in those rules; 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 same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part.

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Amendments (Textual)

F154Sch. 4 para. 9 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Jurisdiction over individual contracts of employmentE+W+S+N.I.

F15510(1)In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 3(e).E+W+S+N.I.

(2)An employer may be sued—

(a)in the courts of the part of the United Kingdom in which he is domiciled; or

(b)in the courts of the part of the United Kingdom where the employee habitually carries out his work or in the courts of that part where he last did so; or

(c)if the employee does not or did not habitually carry out his work in any one place, in the courts of the part of the United Kingdom where the business which engaged the employee is or was situated.

(3)An employer may bring proceedings only in the courts of the part of the United Kingdom in which the employee is domiciled.

(4)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

(5)The provisions of this rule may be departed from only by an agreement on jurisdiction—

(a)which is entered into after the dispute has arisen; or

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

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Amendments (Textual)

F155Sch. 4 para. 10 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Exclusive jurisdictionE+W+S+N.I.

F15611The following courts shall have exclusive jurisdiction, regardless of domicile :—E+W+S+N.I.

(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.

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Amendments (Textual)

F156Sch. 4 para. 11 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Prorogation of jurisdictionE+W+S+N.I.

F15712(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.E+W+S+N.I.

(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 they are contrary to the provisions of rule 9, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11.

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Amendments (Textual)

F157Sch. 4 para. 12 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F15813(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.E+W+S+N.I.

(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.

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