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Civil Jurisdiction and Judgments Act 1982

Status:

This is the original version (as it was originally enacted).

Part IImplementation of the Conventions

Main implementing provisions

1Interpretation of references to the Conventions and Contracting States

(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;

"the Conventions" means the 1968 Convention, the 1971 Protocol and the Accession Convention.

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

(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

(b)any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention, and any reference to a sub-division of a numbered Article shall be construed accordingly.

(3)In this Act " Contracting State " means—

(a)one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands); or

(b)one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention.

2The Conventions to have the force of law

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

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

(a)the 1968 Convention as amended by Titles II and III of the Accession Convention;

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

(c)Titles V and VI of the 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.

3Interpretation of the Conventions

(1)Any question as to the meaning or effect of any provision of the 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 reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

(b)the report by Professor Peter Schlosser on the Accession Convention,

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

Supplementary provisions as to recognition and enforcement of judgments

4Enforcement of judgments other than maintenance orders

(1)A judgment, other than a maintenance order, which is the subject of an application under Article 31 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.

5Recognition and enforcement of maintenance orders

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

(a)as respects England and Wales and Scotland, by the Secretary of State;

(b)as respects Northern Ireland, by the Lord Chancellor. 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.

(6)A maintenance order which by virtue of this section is enforceable by a magistrates' court in England and Wales or Northern Ireland shall be enforceable in the same manner as an affiliation order made by that court.

(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 clerk 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 £50.

6Appeals under Article 37, second paragraph and Article 41

(1)The single further appeal on a point of law referred to 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 Administration 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 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 Magistrates' Courts Act 1980;

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

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

7Interest on registered judgments

(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 Maintenance Orders Act 1958 or section 11A of the Maintenance 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.

8Currency of payment under registered maintenance orders

(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.

Other supplementary provisions

9Provisions supplementary to Title VII of 1968 Convention

(1)The provisions of Title VII of the 1968 Convention (relationship between that convention 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.

(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).

10Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts

(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 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.

11Proof and admissibility of certain judgments and related documents

(1)For the purposes of the 1968 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.

12Provision for issue of copies of, and certificates in connection with, U.K. judgments

Rules of court may make provision for enabling any interested party wishing to secure under the 1968 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.

13Modifications to cover authentic instruments and court settlements

(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 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 (authentic instruments and court settlements enforceable in the same manner as judgments) as if they were judgments to which that Convention 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.

14Modifications consequential on revision of the Conventions

(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 any of the Conventions, including in particular any revision connected with the accession to 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 any of the Conventions to any extent by another convention, protocol or other description of international agreement.

15Interpretation of Part I and consequential Amendments

(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;

" payer ", in relation to a maintenance order, means the person liable to make the 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 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.

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

Part IIJurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

16Allocation within U.K. of jurisdiction in certain civil proceedings

(1)The provisions set out in Schedule 4 (which contains a modified version of Title II of the 1968 Convention) 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—

(a)the subject-matter of the proceedings is within the scope of the 1968 Convention as determined by Article 1 (whether or not the Convention 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 Article 16 (exclusive jurisdiction regardless of domicile).

(2)In Schedule 4 modifications of Title II of the 1968 Convention are indicated as follows—

(a)modifications by way of omission are indicated by dots ; and

(b)within each Article words resulting from modifications by way of addition or substitution are printed in heavy type.

(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 and to any relevant decision of that court as to the meaning or effect of any provision of that Title ; 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 the 1968 Convention and to the provisions of section 17.

(5)In section 15(1)(a) of the Maintenance 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.

17Exclusion of certain proceedings from Schedule 4

(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.

18Enforcement of U.K. judgments in other parts of U.K

(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 ;

(c)a judgment given in proceedings relating to—

(i)bankruptcy; or

(ii)the winding up of a corporation or association ; or

(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 Court 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 Contempt of Court Act 1981 or section 140 of the Supreme Court Act 1981 (which relate to fines for contempt of court and forfeiture of recognisances).

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

(a)is an order to which section 16 of the Maintenance 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 ;

(b)any provision relating to guardianship or custody.

(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 Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the Maintenance 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.

19Recognition of U.K. judgments in other parts of U.K

(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 IIIJurisdiction in Scotland

20Rules as to jurisdiction in Scotland

(1)Subject 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 Sheriff 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.

(4)In Schedule 8—

(a)words resulting from modifications of Tide II of the 1968 Convention, by way of addition or substitution, and provisions not derived from that Tide are printed in heavy type; and

(b)the marginal notes show, where appropriate, of which provision of Title II a provision of Schedule 8 is a modified version.

(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 and derived to any extent from Title II of the 1968 Convention—

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

21Continuance of certain existing jurisdictions

(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.

22Supplementary provisions

(1)Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground of forum 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 the nobile 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.

23Savings and consequential amendments

(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 Maintenance 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 Maintenance 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.

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

Part IVMiscellaneous Provisions

Provisions relating to jurisdiction

24Interim relief and protective measures in cases of doubtful jurisdiction

(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.

(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.

(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.

25Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings

(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 Contracting 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

(b)they are or will be proceedings whose subject-matter is within the scope of the 1968 Convention as determined by Article 1 (whether or not the Convention 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 Contracting State;

(b)proceedings whose subject-matter is not within the scope of the 1968 Convention as determined by Article 1;

(c)arbitration proceedings.

(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.

(5)An Order in Council under subsection (3) which confers power to grant interim relief in relation to arbitration proceedings may provide for the repeal of any provision of section 12(6) of the Arbitration Act 1950 or section 21(1) of the Arbitration Act (Northern Ireland) 1937 to the extent that it is superseded by the provisions of the Order.

(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.

26Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.

(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 to arbitration or 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 arbitration or 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 arbitration or 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.

27Provisional and protective measures in Scotland in the absence of substantive proceedings

(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 Contracting State or in England and Wales or Northern Ireland ;

(b)the subject-matter of the proceedings is within the scope of the 1968 Convention as determined by Article 1 ; 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 Contracting State;

(b)proceedings whose subject-matter is not within the scope of the 1968 Convention as determined by Article 1;

(c)arbitration proceedings;

(d)in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in a Contracting 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.

28Application of s. 1 of Administration of Justice (Scotland) Act 1972

When any proceedings have been brought, or are likely to be brought, in another Contracting State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the 1968 Convention as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 as if the proceedings in question had been brought, or were likely to be brought, in that court.

29Service of county court process outside Northern Ireland

The County Court Rules Committee established by Article 46 of the County 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..

30Proceedings in England and Wales or Northern Ireland for torts to immovable property

(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 and to the provisions set out in Schedule 4.

Provisions relating to recognition and enforcement of judgments

31Overseas judgments given against states, etc.

(1)A judgment 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 State 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 Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the Carriage of Goods by Road Act 1965, section 17(4) of the Nuclear Installations Act 1965, section 13(3) of the Merchant Shipping (Oil Pollution) Act 1971, section 5 of the Carriage by Railway Act 1972 or section 5 of the Carriage 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.

32Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes

(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 ;

(b)a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the Carriage of Goods by Road Act 1965, section 17(4) of the Nuclear Installations Act 1965, section 13(3) of the Merchant Shipping (Oil Pollution) Act 1971, section 5 of the Carriage by Railway Act 1972, section 5 of the Carriage of Passengers by Road Act 1974 or section 6(4) of the Merchant Shipping Act 1974.

33Certain steps not to amount to submission to jurisdiction of overseas court

(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.

34Certain judgments a bar to further proceedings on the same cause of action

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.

35Minor amendments relating to overseas judgments

(1)The Foreign 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.

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

10(1)Where

(a)a judgment 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 judgment creditor wishes to secure the enforcement of the judgment 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 judgment creditor, issue to him a certified copy of the judgment.

(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..

(3)In section 14 of the Administration 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..

36Registration of maintenance orders in Northern Ireland

(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 Maintenance 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 Maintenance 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.

(4)Where an order is registered in Northern Ireland under this section, Part II of the Maintenance 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.

(5)A court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear a complaint 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 a complaint is made against a person residing outside Northern Ireland, then, if he resides in England and Wales or Scotland, section 15 of the Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the complaint as it has effect in relation to the proceedings therein mentioned.

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

37Minor amendments relating to maintenance orders

(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 Maintenance Orders (Reciprocal Enforcement) Act 1972 to cases where the payer under a maintenance order is not resident within the jurisdiction but has assets there.

(2)In section 27(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (application by person in convention country for recovery of maintenance in England and Wales or Northern Ireland to be treated as a complaint), after " as if it were a complaint" there shall be inserted

made at the time when the application was received by the Secretary of State or the Lord Chancellor.

38Overseas judgments counteracting an award of multiple damages

(1)Section 7 of the Protection 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 judgment for multiple damages given in a third country) shall be amended as follows.

(2)In subsection (1) for " judgments 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 judgment 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 judgment; and

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

Jurisdiction, and recognition and enforcement of judgments, as between United Kingdom and certain territories

39Application of provisions corresponding to 1968 Convention in relation to certain territories

(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 ;

(c)Gibraltar;

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

(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.

Legal aid

40Power to modify enactments relating to legal aid, etc.

(1)In section 20 of the Legal Aid Act 1974 (power of Lord Chancellor to make regulations), after subsection (4) there shall be inserted as subsection (4A)—

(4A)Without prejudice to the preceding provisions of this section or any other provision of this Part of this Act authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part of this Act (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 modification 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 enforcement in England and Wales of judgments given outside the United Kingdom for whose recognition or enforcement in the United Kingdom provision is made by any international agreement..

(2)In section 15 of the Legal Aid (Scotland) Act 1967 (power of Secretary of State to make regulations), after subsection (4) there shall be inserted as subsection (4A)—

(4A)Without prejudice to the preceding provisions of this section or any other provision of this Act authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Act (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 modification appears to the Secretary of State 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 enforcement in Scotland of judgments given outside the United Kingdom for whose recognition or enforcement in the United Kingdom provision is made by any international agreement..

(3)In Article 22 of the Legal 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 modification 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 enforcement in Northern Ireland of judgments given outside the United Kingdom for whose recognition or enforcement in the United Kingdom provision is made by any international agreement..

Part VSupplementary and General Provisions

Domicile

41Domicile of individuals

(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 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.

42Domicile and seat of corporation or association

(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 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.

43Seat of corporation or association for purposes of Article 16(2) and related provisions

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

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

(b)Articles 5A and 16(2) in Schedule 4 ; and

(c)Rules 2(12) and 4(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.

44Persons deemed to be domiciled in the United Kingdom for certain purposes

(1)This section applies to—

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

(b)proceedings within Section 4 of that Title (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 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.

45Domicile of trusts

(1)The following provisions of this section determine, for the purposes of the 1968 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.

46Domicile and seat of the Crown

(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 (in 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

(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 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 or Her Majesty's government in Northern Ireland.

Other supplementary provisions

47Modifications occasioned by decisions of European Court as to meaning or effect of Conventions

(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 Conventions as affected by any principle laid down by the European Court in connection with the Conventions or by any decision of that court as to the meaning or effect of any provision of the 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.

48Matters for which rules of court may provide

(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 or the Conventions.

(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 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 rulemaking authority considers necessary or expedient for the purposes of the provisions of the Conventions 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 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;

(b)requesting courts in other parts of the United Kingdom or in other Contracting 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, 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 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.

49Saving for powers to stay, sist, strike out or dismiss proceedings

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.

General

50Interpretation: general

In this Act, unless the context otherwise requires—

  • " the Accession Convention " has 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 ;

  • " 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);

  • " the Conventions " has the meaning given by section 1(1);

  • " 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 ;

  • " 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);

  • "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 Interpretation 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.

51Application to Crown

(1)This Act binds the Crown.

(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.

52Extent

(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 ;

(c)Gibraltar;

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

53Commencement, transitional provisions and savings

(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.

54Repeals

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

55Short title

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

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