http://www.legislation.gov.uk/ukpga/1982/27/contents

Civil Jurisdiction and Judgments Act 1982

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.

1982-08-01

text

text/xml

Statute Law Database

2023-12-12

Expert Participation

2023-10-26

Civil Jurisdiction and Judgments Act 1982

s. 1 cross-heading

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

reg. 5

reg. 92-95

reg. 1(1)

Civil Jurisdiction and Judgments Act 1982

s. 4 cross-heading

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

reg. 9

reg. 92-95

reg. 1(1)

Civil Jurisdiction and Judgments Act 1982

s. 15(3)

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

reg. 25(4)

reg. 92-95

reg. 1(1)

Civil Jurisdiction and Judgments Act 1982

s. 15C(2)(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

reg. 2(a)

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 15C(2)(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

reg. 2(b)

reg. 1

Civil Jurisdiction and Judgments Act 1982

Sch. 8

para. 2(e)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

reg. 3(3)(d)

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 50

The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015

Sch.

para. 11(3)

art. 1(11)(k)

Civil Jurisdiction and Judgments Act 1982

Act

The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

reg. 8

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 24(1)(c)

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

reg. 8(a)

reg. 1

Civil Jurisdiction and Judgments Act 1982

s. 24(2)(c)

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

reg. 8(b)

reg. 1

Civil Jurisdiction and Judgments Act 1982

Sch. 8

rule 2(g)

Trusts and Succession (Scotland) Act 2024

Sch. 1

para. 15

s. 88(3)

Civil Jurisdiction and Judgments Act 1982

Part I Implementation of the Conventions

Main implementing provisions

1 Interpretation of references to the Conventions and Contracting States.

2The Brussels Conventions to have the force of law.

3 Interpretation of the Brussels Conventions.

3A The Lugano Convention to have the force of law.

3B Interpretation of the Lugano Convention.

3CThe 1996 Hague Convention to have the force of law

3DThe 2005 Hague Convention to have the force of law

3EThe 2007 Hague Convention to have the force of law

Supplementary provisions as to recognition and enforcement of judgments

4 Enforcement of judgments other than maintenance orders.

4A Enforcement of judgments, other than maintenance orders, under the Lugano Convention

4BRegistration and enforcement of judgments under the 2005 Hague Convention

5 Recognition and enforcement of maintenance orders.

5A Recognition and enforcement of maintenance orders under the Lugano Convention

6 Appeals under Article 37, second paragraph and Article 41.

6A Appeals under Article 44 and Annex IV of the Lugano Convention

6BAppeals in relation to registration of judgments under the 2005 Hague Convention

7 Interest on registered judgments.

8Currency of payment under registered maintenance orders.

Other supplementary provisions

9 Provisions supplementary to Article 26 of the 2005 Hague Convention.

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

11Proof and admissibility of certain judgments and related documents.

11AProof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention

11BProof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention

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

13Modifications to cover authentic instruments and court settlements.

14Modifications consequential on revision of the Conventions.

15 Interpretation of Part I and consequential amendments.

Part II Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

Jurisdiction in consumer and employment matters

15AScope of sections 15B to 15E

15BJurisdiction in relation to consumer contracts

15CJurisdiction in relation to individual contracts of employment

15DFurther provision as to jurisdiction

15EInterpretation

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

17 Exclusion of certain proceedings from Schedule 4.

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

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

Part III Jurisdiction in Scotland

20 Rules as to jurisdiction in Scotland.

21 Continuance of certain existing jurisdictions.

22 Supplementary provisions.

23 Savings and consequential amendments.

Part IV Miscellaneous Provisions

Provisions relating to jurisdiction

24 Interim relief and protective measures in cases of doubtful jurisdiction.

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

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

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

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

29 Service of county court process outside Northern Ireland.

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

Provisions relating to recognition and enforcement of judgments

31 Overseas judgments given against states, etc.

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

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

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

35 Minor amendments relating to overseas judgments.

36 Registration of maintenance orders in Northern Ireland.

37 Minor amendments relating to maintenance orders.

38 Overseas judgments counteracting an award of multiple damages.

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

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

Legal aid

40 Power to modify enactments relating to legal aid etc.

Part V Supplementary and General Provisions

Domicile

41 Domicile of individuals.

41ADomicile of individuals for the purposes of the Lugano Convention

42 Domicile and seat of corporation or association.

42ADomicile of corporation or association for purposes of certain civil proceedings

43 Seat of corporation or association for purposes of certain provisions.

43ASeat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano Convention

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

44APersons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano Convention

45 Domicile of trusts.

46 Domicile and seat of the Crown.

Other supplementary provisions

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

48 Matters for which rules of court may provide.

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

General

50 Interpretation: general.

51 Application to Crown.

52 Extent.

53 Commencement, transitional provisions and savings.

54 Repeals.

55 Short title.

SCHEDULES

SCHEDULE 1TEXT OF 1968 CONVENTION, AS AMENDED

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

TITLE 1SCOPE

Article 1

1. . . . . . . . . ....

2. . . . . . . . . ....

3. . . . . . . . . ....

4. . . . . . . . . ....

TITLE IIJURISDICTION

SECTION 1GENERAL PROVISIONS

Article 2

Article 3

Article 4

SECTION 2SPECIAL JURISDICTION

Article 5

Article 6

Article 6a

SECTION 3JURISDICTION IN MATTERS RELATING TO INSURANCE

SECTION 4JURISDICTION OVER CONSUMER CONTRACTS

Article 13

Article 14

Article 15

SECTION 5EXCLUSIVE JURISDICTION

Article 16

SECTION 6PROROGATION OF JURISDICTION

Article 17

Article 18

SECTION 7EXAMINATION AS TO JURISDICTION AND ADMISSABILITY

Article 19

Article 20

SECTION 8LIS PENDENS—RELATED ACTIONS

Article 21

Article 22

Article 23

SECTION 9PROVISIONAL, INCLUDING PROTECTIVE, MEASURES

Article 24

TITLE IIIRECOGNITION AND ENFORCEMENT

1. . . . . . . . . ....

2. . . . . . . . . ....

3. . . . . . . . . ....

4. . . . . . . . . ....

5. . . . . . . . . ....

1. . . . . . . . . ....

2. . . . . . . . . ....

1. . . . . . . . . ....

2. . . . . . . . . ....

Article 38

Article 39

Article 40

1. . . . . . . . . ....

2. . . . . . . . . ....

SECTION 3COMMON PROVISIONS

Article 46

1. . . . . . . . . ....

2. . . . . . . . . ....

Article 47

1. . . . . . . . . ....

2. . . . . . . . . ....

Article 48

Article 49

TITLE IVAUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50

Article 51

TITLE VGENERAL PROVISIONS

Article 52

Article 53

TITLE VITRANSITIONAL PROVISIONS

Article 54

Article 54a

1. . . . . . . . . ....

2. . . . . . . . . ....

3. . . . . . . . . ....

4. . . . . . . . . ....

5. . . . . . . . . ....

6. . . . . . . . . ....

TITLE VIIRELATIONSHIP TO OTHER CONVENTIONS

Article 55

Article 56

Article 57

1. . . . . . . . . ....

2. . . . . . . . . ....

3. . . . . . . . . ....

Article 58

Article 59

1. . . . . . . . . ....

2. . . . . . . . . ....

TITLE VIIIFINAL PROVISIONS

SCHEDULE 2 TEXT OF 1971 PROTOCOL, AS AMENDED

Article 1 The Court of Justice of the European Communities...

. . . . . . . . . ....

Article 2 The following courts may request the Court of...

. . . . . . . . . ....

1—

. . . . . . . . . ....

2The courts of the Contracting States when they are sitting...

3In the cases provided for in Article 37 of the...

Article 3 Where a question of interpretation of the Convention or of...

1Where a question of interpretation of the Convention or of...

2Where such a question is raised before any court referred...

Article 4 The competent authority of a Contracting State may request the...

1The competent authority of a Contracting State may request the...

2The interpretation given by the Court of Justice in response...

3The Procurators-General of the Courts of Cassation of the Contracting...

4The Registrar of the Court of Justice shall give notice...

5No fees shall be levied or any costs or expenses...

Article 5 Except where this Protocol otherwise provides, the provisions of the...

1Except where this Protocol otherwise provides, the provisions of the...

2The Rules of Procedure of the Court of Justice shall,...

Article 6 [Deleted]

. . . . . . . . . ....

Article 7 This Protocol shall be ratified by the signatory...

. . . . . . . . . ....

Article 8 This Protocol shall enter into force on the...

. . . . . . . . . ....

Article 9 The Contracting States recognise that any State which...

. . . . . . . . . ....

Article 10 The Secretary-General of the Council of the European...

. . . . . . . . . ....

Article 11 The Contracting States shall communicate to the Secretary-General...

. . . . . . . . . ....

Article 12 This Protocol is concluded for an unlimited period....

. . . . . . . . . ....

Article 13 Any Contracting State may request the revision of...

. . . . . . . . . ....

Article 14 This Protocol, drawn up in a single original...

. . . . . . . . . ....

SCHEDULE 3 TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

TITLE V TRANSITIONAL PROVISIONS

Article 34

1The 1968 Convention and the 1971 Protocol, with the amendments...

2However, as between the six Contracting States to the 1968...

3Moreover, as between the six Contracting States to the 1968...

Article 35

Article 36

TITLE VI FINAL PROVISIONS

Article 37

. . . . . . . . . ....

Article 38

. . . . . . . . . ....

Article 39

. . . . . . . . . ....

Article 40

. . . . . . . . . ....

Article 41

. . . . . . . . . ....

SCHEDULE 3ATEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

TITLE VTransitional provisions

Article 12

1. . . . . . . . . ....

2. . . . . . . . . ....

TITLE VIFinal Provisions

Article 13

. . . . . . . . . ....

Article 14

. . . . . . . . . ....

Article 15

. . . . . . . . . ....

Article 16

. . . . . . . . . ....

Article 17

. . . . . . . . . ....

SCHEDULE 3B TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION

TITLE VITRANSITIONAL PROVISIONS

Article 29

1The 1968 Convention and the 1971 Protocol, as amended by...

2However, judgments given after the date of entry into force...

TITLE VIIFINAL PROVISIONS

Article 30

1The Secretary-General of the Council of the European Communities shall...

2The texts of the 1968 Convention, of the 1971 Protocol,...

Article 31

. . . . . . . . . ....

Article 32

1This Convention shall enter into force on the first day...

2This Convention shall take effect in relation to any other...

Article 33

. . . . . . . . . ....

Article 34

. . . . . . . . . ....

SCHEDULE 3BB TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION

TITLE V TRANSITIONAL PROVISIONS

Article 13

1The 1968 Convention and the 1971 Protocol, as amended by...

2However, judgments given after the date of entry into force...

TITLE VI FINAL PROVISIONS

Article 14

1The Secretary-General of the Council of the European Union shall...

2The texts of the 1968 Convention, of the 1971 Protocol,...

Article 15 This Convention shall be ratified by the signatory...

. . . . . . . . . ....

Article 16 This Convention shall enter into force on the first day...

1This Convention shall enter into force on the first day...

2This Convention shall produce its effects for any other signatory...

Article 17 The Secretary-General of the Council of the European...

. . . . . . . . . ....

Article 18 This Convention, drawn up in a single original...

. . . . . . . . . ....

Schedule 3C

Arrangement of Provisions

CONVENTION

ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Preamble

TITLE I SCOPE

Article 1

TITLE II JURISDICTION

Section 1 General Provisions

Article 2

Article 3

Persons domiciled in a Contracting State may be sued in...

In particular the following provisions shall not be applicable as...

Article 4

Section 2 Special Jurisdiction

Article 5

2in matters relating to maintenance, in the courts for the...

3in matters relating to tort, delict or quasi-delict, in the...

4as regards a civil claim for damages or restitution which...

5as regards a dispute arising out of the operations of...

6in his capacity as settlor, trustee or beneficiary of a...

7as regards a dispute concerning the payment of remuneration claimed...

Article 6

2as a third party in an action on a warranty...

3on a counterclaim arising from the same contract or facts...

4in matters relating to a contract, if the action may...

Article 6A

Section 3 Jurisdiction in Matters Relating to Insurance

Article 7

Article 8

2in another Contracting State, in the courts for the place...

3if he is a co-insurer, in the courts of a...

2which allows the policy-holder, the insured or a beneficiary to...

3which is concluded between a policy-holder and an insurer, both...

4which is concluded with a policy-holder who is not domiciled...

5which relates to a contract of insurance in so far...

Article 12A

2any liability, other than for bodily injury to passengers or...

3any financial loss connected with the use or operation of...

4any risk or interest connected with any of those referred...

Section 4 Jurisdiction Over Consumer Contracts

Article 13

2a contract for a loan repayable by instalments, or for...

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

Article 14

Article 15

2which allows the consumer to bring proceedings in courts other...

3which is entered into by the consumer and the other...

Section 5 Exclusive Jurisdiction

Article 16

2in proceedings which have as their object the validity of...

3in proceedings which have as their object the validity of...

4in proceedings concerned with the registration or validity of patents,...

5in proceedings concerned with the enforcement of judgments, the courts...

Section 6 Prorogation of Jurisdiction

Article 17

2The court or courts of a Contracting State on which...

3Agreements or provisions of a trust instrument conferring jurisdiction shall...

4If an agreement conferring jurisdiction was concluded for the benefit...

5In matters relating to individual contracts of employment an agreement...

Article 18

Section 7 Examination as to Jurisdiction and Admissibility

Article 19

Article 20

Section 8LIS PENDENS— Related Actions

Article 21

Article 22

Article 23

Section 9 Provisional, Including Protective, Measures

Article 24

TITLE III RECOGNITION AND ENFORCEMENT

Article 25

Section 1 Recognition

Article 26

Article 27

2where it was given in default of appearance, if the...

3if the judgment is irreconcilable with a judgment given in...

4if the court of the State of origin, in order...

5if the judgment is irreconcilable with an earlier judgment given...

Article 28

Article 29

Article 30

Section 2 Enforcement

Article 31

Article 32

1The application shall be submitted: — in Belgium, to the...

2The jurisdiction of local courts shall be determined by reference...

1An appeal against the decision authorising enforcement shall be lodged...

2The judgment given on the appeal may be contested only:...

Article 38

Article 39

Article 40

1If the application for enforcement is refused, the applicant may...

2The party against whom enforcement is sought shall be summoned...

Article 41

A judgment given on an appeal provided for in Article...

Section 3 Common Provisions

Article 46

2in the case of a judgment given in default, the...

Article 47

2where appropriate, a document showing that the applicant is in...

Article 48

Article 49

TITLE IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50

Article 51

TITLE V GENERAL PROVISIONS

Article 52

Article 53

TITLE VI TRANSITIONAL PROVISIONS

Article 54

Article 54A

2A claimant may arrest either the particular ship to which...

3Ships shall be deemed to be in the same ownership...

4When in the case of a charter by demise of...

5The expression “maritime claim” means a claim arising out of...

7In Iceland, the expression “arrest” shall be deemed, as regards...

TITLE VII RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS

Article 54B

2However, this Convention shall in any event be applied:

3In addition to the grounds provided for in Title III...

Article 55

Article 56

Article 57

2This Convention shall not prevent a court of a Contracting...

3Judgments given in a Contracting State by a court in...

4In addition to the grounds provided for in Title III,...

5Where a convention referred to in the first paragraph to...

Article 58

(None)

Article 59

TITLE VIII FINAL PROVISIONS

Article 60

The following may be parties to this Convention: States which,...

Article 61

2The Convention shall be submitted for ratification by the signatory...

3The Convention shall enter into force on the first day...

4The Convention shall take effect in relation to any other...

Article 62

2If an acceding State wishes to furnish details for the...

3In respect of an acceding State, the Convention shall take...

4However, in respect of an acceding State referred to in...

Article 63

Article 64

2At the end of the initial five-year period, the Convention...

3Upon the expiry of the initial five-year period, any Contracting...

4The denunciation shall take effect at the end of the...

Article 65

The following are annexed to this Convention: — a Protocol...

Article 66

Article 67

The Swiss Federal Council shall notify the States represented at...

Article 68

Protocol No. 1 ON CERTAIN QUESTIONS OF JURISDICTION, PROCEDURE AND ENFORCEMENT

Article I

Article Ia

2This reservation shall not apply to the extent that at...

3This reservation shall cease to have effect on 31 December...

Protocol No. 2 ON THE UNIFORM INTERPRETATION OF THE CONVENTION

Preamble

Article 1

Article 2

2The central body is the Registrar of the Court of...

Article 3

2The Committee shall be composed of representatives appointed by each...

3The European Communities (Commission, Court of Justice and General Secretariat...

Article 4

2The Committee, in the light of these exchanges, may also...

Protocol No. 3 ON THE APPLICATION OF ARTICLE 57

2If one Contracting State is of the opinion that a...

SCHEDULE 3DText of the 1996 Hague Convention

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children

(Concluded 19 October 1996)

The States signatory to the present Convention,

Considering the need to improve the protection of children in...

Wishing to avoid conflicts between their legal systems in respect...

Recalling the importance of international co-operation for the protection of...

Confirming that the best interests of the child are to...

Noting that the Convention of 5 October 1961 concerning the...

Desiring to establish common provisions to this effect, taking into...

Have agreed on the following provisions—

CHAPTER ISCOPE OF THE CONVENTION

Article 1

1The objects of the present Convention are—

2For the purposes of this Convention, the term ‘parental responsibility’...

Article 2

The Convention applies to children from the moment of their...

Article 3

The measures referred to in Article 1 may deal in...

Article 4

The Convention does not apply to— (a) the establishment or...

CHAPTER IIJURISDICTION

Article 5

1The judicial or administrative authorities of the Contracting State of...

2Subject to Article 7, in case of a change of...

Article 6

1For refugee children and children who, due to disturbances occurring...

2The provisions of the preceding paragraph also apply to children...

Article 7

1In case of wrongful removal or retention of the child,...

2The removal or the retention of a child is to...

3So long as the authorities first mentioned in paragraph 1...

Article 8

1By way of exception, the authority of a Contracting State...

2The Contracting States whose authorities may be addressed as provided...

3The authorities concerned may proceed to an exchange of views....

4The authority addressed as provided in paragraph 1 may assume...

Article 9

1If the authorities of a Contracting State referred to in...

2The authorities concerned may proceed to an exchange of views....

3The authority initiating the request may exercise jurisdiction in place...

Article 10

1Without prejudice to Articles 5 to 9, the authorities of...

2The jurisdiction provided for by paragraph 1 to take measures...

Article 11

1In all cases of urgency, the authorities of any Contracting...

2The measures taken under the preceding paragraph with regard to...

3The measures taken under paragraph 1 with regard to a...

Article 12

1Subject to Article 7, the authorities of a Contracting State...

2The measures taken under the preceding paragraph with regard to...

3The measures taken under paragraph 1 with regard to a...

Article 13

1The authorities of a Contracting State which have jurisdiction under...

2The provisions of the preceding paragraph shall not apply if...

Article 14

The measures taken in application of Articles 5 to 10...

CHAPTER IIIAPPLICABLE LAW

Article 15

1In exercising their jurisdiction under the provisions of Chapter II,...

2However, in so far as the protection of the person...

3If the child's habitual residence changes to another Contracting State,...

Article 16

1The attribution or extinction of parental responsibility by operation of...

2The attribution or extinction of parental responsibility by an agreement...

3Parental responsibility which exists under the law of the State...

4If the child's habitual residence changes, the attribution of parental...

Article 17

The exercise of parental responsibility is governed by the law...

Article 18

The parental responsibility referred to in Article 16 may be...

Article 19

1The validity of a transaction entered into between a third...

2The preceding paragraph applies only if the transaction was entered...

Article 20

The provisions of this Chapter apply even if the law...

Article 21

1In this Chapter the term “ law ” means the...

2However, if the law applicable according to Article 16 is...

Article 22

The application of the law designated by the provisions of...

CHAPTER IVRECOGNITION AND ENFORCEMENT

Article 23

1The measures taken by the authorities of a Contracting State...

2Recognition may however be refused— (a) if the measure was...

Article 24

1Without prejudice to Article 23, paragraph 1, any interested person...

Article 25

The authority of the requested State is bound by the...

Article 26

1If measures taken in one Contracting State and enforceable there...

2Each Contracting State shall apply to the declaration of enforceability...

3The declaration of enforceability or registration may be refused only...

Article 27

Without prejudice to such review as is necessary in the...

Article 28

Measures taken in one Contracting State and declared enforceable, or...

CHAPTER VCO-OPERATION

Article 29

1A Contracting State shall designate a Central Authority to discharge...

2Federal States, States with more than one system of law...

Article 30

1Central Authorities shall co-operate with each other and promote co-operation...

2They shall, in connection with the application of the Convention,...

Article 31

1The Central Authority of a Contracting State, either directly or...

Article 32

On a request made with supporting reasons by the Central...

Article 33

1If an authority having jurisdiction under Articles 5 to 10...

2The decision on the placement or provision of care may...

Article 34

1Where a measure of protection is contemplated, the competent authorities...

2A Contracting State may declare that requests under paragraph 1...

Article 35

1The competent authorities of a Contracting State may request the...

2The authorities of a Contracting State in which the child...

3An authority having jurisdiction under Articles 5 to 10 to...

4Nothing in this Article shall prevent an authority having jurisdiction...

Article 36

In any case where the child is exposed to a...

Article 37

An authority shall not request or transmit any information under...

Article 38

1Without prejudice to the possibility of imposing reasonable charges for...

2Any Contracting State may enter into agreements with one or...

Article 39

Any Contracting State may enter into agreements with one or...

CHAPTER VIGENERAL PROVISIONS

Article 40

1The authorities of the Contracting State of the child's habitual...

2The capacity and powers indicated in the certificate are presumed...

3Each Contracting State shall designate the authorities competent to draw...

Article 41

Personal data gathered or transmitted under the Convention shall be...

Article 42

The authorities to whom information is transmitted shall ensure its...

Article 43

All documents forwarded or delivered under this Convention shall be...

Article 44

Each Contracting State may designate the authorities to which requests...

Article 45

1The designations referred to in Articles 29 and 44 shall...

2The declaration referred to in Article 34, paragraph 2, shall...

Article 46

A Contracting State in which different systems of law or...

Article 47

In relation to a State in which two or more...

Article 48

For the purpose of identifying the applicable law under Chapter...

Article 49

For the purpose of identifying the applicable law under Chapter...

Article 50

This Convention shall not affect the application of the Convention...

Article 51

In relations between the Contracting States this Convention replaces the...

Article 52

1This Convention does not affect any international instrument to which...

2This Convention does not affect the possibility for one or...

3Agreements to be concluded by one or more Contracting States...

4The preceding paragraphs also apply to uniform laws based on...

Article 53

1The Convention shall apply to measures only if they are...

2The Convention shall apply to the recognition and enforcement of...

Article 54

1Any communication sent to the Central Authority or to another...

2However, a Contracting State may, by making a reservation in...

Article 55

1A Contracting State may, in accordance with Article 60,

2The reservation may be restricted to certain categories of property....

Article 56

The Secretary General of the Hague Conference on Private International...

CHAPTER VIIFINAL CLAUSES

Article 57

1The Convention shall be open for signature by the States...

2It shall be ratified, accepted or approved and the instruments...

Article 58

1Any other State may accede to the Convention after it...

2The instrument of accession shall be deposited with the depositary....

3Such accession shall have effect only as regards the relations...

Article 59

1If a State has two or more territorial units in...

2Any such declaration shall be notified to the depositary and...

3If a State makes no declaration under this Article, the...

Article 60

1Any State may, not later than the time of ratification,...

2Any State may at any time withdraw a reservation it...

3The reservation shall cease to have effect on the first...

Article 61

1The Convention shall enter into force on the first day...

2Thereafter the Convention shall enter into force—

Article 62

1A State Party to the Convention may denounce it by...

2The denunciation takes effect on the first day of the...

Article 63

The depositary shall notify the States Members of the Hague...

In witness whereof the undersigned, being duly authorised thereto, have...

Done at The Hague, on the 19th day of October...

SCHEDULE 3EDeclarations made by the United Kingdom in relation to the 1996 Hague Convention

PART 1Declaration concerning applicable territorial units

In accordance with Article 29, paragraph 2, of the Convention,...

PART 2Declaration concerning communication of requests under paragraph 1 of Article 34

In accordance with Article 34, paragraph 2, of the Convention,...

PART 3Declaration concerning the use of French

In accordance with Article 54, paragraph 2, of the Convention,...

SCHEDULE 3FText of the 2005 Hague Convention

Convention on Choice of Court Agreements

(Concluded 30 June 2005)

The States Parties to the present Convention,

Desiring to promote international trade and investment through enhanced judicial...

Believing that such co-operation can be enhanced by uniform rules...

Believing that such enhanced co-operation requires in particular an international...

Have resolved to conclude this Convention and have agreed upon...

CHAPTER ISCOPE AND DEFINITIONS

ARTICLE 1Scope

1This Convention shall apply in international cases to exclusive choice...

2For the purposes of Chapter II, a case is international...

3For the purposes of Chapter III, a case is international...

Article 2Exclusions from scope

1This Convention shall not apply to exclusive choice of court...

2This Convention shall not apply to the following matters—

3Notwithstanding paragraph 2, proceedings are not excluded from the scope...

4This Convention shall not apply to arbitration and related proceedings....

5Proceedings are not excluded from the scope of this Convention...

6Nothing in this Convention shall affect privileges and immunities of...

Article 3Exclusive choice of court agreements

For the purposes of this Convention— (a) “ exclusive choice...

Article 4Other definitions

1In this Convention, “ judgment ” means any decision on...

2For the purposes of this Convention, an entity or person...

CHAPTER IIJURISDICTION

Article 5Jurisdiction of the chosen court

1The court or courts of a Contracting State designated in...

2A court that has jurisdiction under paragraph 1 shall not...

3The preceding paragraphs shall not affect rules—

Article 6Obligations of a court not chosen

A court of a Contracting State other than that of...

Article 7Interim measures of protection

Interim measures of protection are not governed by this Convention....

CHAPTER IIIRECOGNITION AND ENFORCEMENT

Article 8Registration and enforcement

1A judgment given by a court of a Contracting State...

2Without prejudice to such review as is necessary for the...

3A judgment shall be recognised only if it has effect...

4Recognition or enforcement may be postponed or refused if the...

5This Article shall also apply to a judgment given by...

Article 9Refusal of recognition or enforcement

Recognition or enforcement may be refused if—

Article 10Preliminary questions

1Where a matter excluded under Article 2, paragraph 2, or...

2Recognition or enforcement of a judgment may be refused if,...

3However, in the case of a ruling on the validity...

4Recognition or enforcement of a judgment may be refused if,...

Article 11Damages

1Recognition or enforcement of a judgment may be refused if,...

2The court addressed shall take into account whether and to...

Article 12 Judicial settlements (transactions judiciaires)

Judicial settlements ( transactions judiciaires ) which a court of...

Article 13Documents to be produced

1The party seeking recognition or applying for enforcement shall produce—...

2If the terms of the judgment do not permit the...

3An application for recognition or enforcement may be accompanied by...

4If the documents referred to in this Article are not...

Article 14Procedure

The procedure for recognition, declaration of enforceability or registration for...

Article 15Severability

Recognition or enforcement of a severable part of a judgment...

CHAPTER IVGENERAL CLAUSES

Article 16Transitional provisions

1This Convention shall apply to exclusive choice of court agreements...

2This Convention shall not apply to proceedings instituted before its...

Article 17Contracts of insurance and reinsurance

1Proceedings under a contract of insurance or reinsurance are not...

2Recognition and enforcement of a judgment in respect of liability...

Article 18No legalisation

All documents forwarded or delivered under this Convention shall be...

Article 19Declarations limiting jurisdiction

A State may declare that its courts may refuse to...

Article 20Declarations limiting recognition and enforcement

A State may declare that its courts may refuse to...

Article 21Declarations with respect to specific matters

1Where a State has a strong interest in not applying...

2With regard to that matter, the Convention shall not apply—...

Article 22Reciprocal declarations on non-exclusive choice of court agreements

1A Contracting State may declare that its courts will recognise...

2Where recognition or enforcement of a judgment given in a...

Article 23Uniform interpretation

In the interpretation of this Convention, regard shall be had...

Article 24Review of operation of the Convention

The Secretary General of the Hague Conference on Private International...

Article 25Non-unified legal systems

1In relation to a Contracting State in which two or...

2Notwithstanding the preceding paragraph, a Contracting State with two or...

3A court in a territorial unit of a Contracting State...

4This Article shall not apply to a Regional Economic Integration...

Article 26Relationship with other international instruments

1This Convention shall be interpreted so far as possible to...

2This Convention shall not affect the application by a Contracting...

3This Convention shall not affect the application by a Contracting...

4This Convention shall not affect the application by a Contracting...

5This Convention shall not affect the application by a Contracting...

6This Convention shall not affect the application of the rules...

CHAPTER VFINAL CLAUSES

Article 27Signature, ratification, acceptance, approval or accession

1This Convention is open for signature by all States.

2This Convention is subject to ratification, acceptance or approval by...

3This Convention is open for accession by all States.

4Instruments of ratification, acceptance, approval or accession shall be deposited...

Article 28Declarations with respect to non-unified legal systems

1If a State has two or more territorial units in...

2A declaration shall be notified to the depositary and shall...

3If a State makes no declaration under this Article, the...

4This Article shall not apply to a Regional Economic Integration...

Article 29Regional Economic Integration Organisations

1A Regional Economic Integration Organisation which is constituted solely by...

2The Regional Economic Integration Organisation shall, at the time of...

3For the purposes of the entry into force of this...

4Any reference to a “Contracting State” or “State” in this...

Article 30Accession by a Regional Economic Integration Organisation without its Member States

1At the time of signature, acceptance, approval or accession, a...

2In the event that a declaration is made by a...

Article 31Entry into force

1This Convention shall enter into force on the first day...

2Thereafter this Convention shall enter into force—

Article 32Declarations

1Declarations referred to in Articles 19, 20, 21, 22 and...

2Declarations, modifications and withdrawals shall be notified to the depositary....

3A declaration made at the time of signature, ratification, acceptance,...

4A declaration made at a subsequent time, and any modification...

5A declaration under Articles 19, 20, 21 and 26 shall...

Article 33Denunciation

1This Convention may be denounced by notification in writing to...

2The denunciation shall take effect on the first day of...

Article 34Notifications by the depositary

The depositary shall notify the Members of the Hague Conference...

In witness whereof the undersigned, being duly authorised thereto, have...

Done at The Hague, on 30 June 2005, in the...

SCHEDULE 3FADECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2005 HAGUE CONVENTION

DECLARATIONS CONCERNING INSURANCE CONTRACTS

SCHEDULE 3GText of the 2007 Hague Convention

Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

(Concluded 23 November 2007)

The States signatory to the present Convention,

Desiring to improve co-operation among States for the international recovery...

Aware of the need for procedures which produce results and...

Seeking to take advantage of advances in technologies and to...

Recalling that, in accordance with Articles 3 and 27 of...

Have resolved to conclude this Convention and have agreed upon...

CHAPTER IOBJECT, SCOPE AND DEFINITIONS

Article 1Object

The object of the present Convention is to ensure the...

Article 2Scope

1This Convention shall apply— (a) to maintenance obligations arising from...

2Any Contracting State may reserve, in accordance with Article 62,...

3Any Contracting State may declare in accordance with Article 63...

4The provisions of this Convention shall apply to children regardless...

Article 3Definitions

For the purposes of this Convention— (a) “ creditor ”...

CHAPTER IIADMINISTRATIVE CO-OPERATION

Article 4Designation of Central Authorities

1A Contracting State shall designate a Central Authority to discharge...

2Federal States, States with more than one system of law...

3The designation of the Central Authority or Central Authorities, their...

Article 5General functions of Central Authorities

Central Authorities shall— (a) co-operate with each other and promote...

Article 6Specific functions of Central Authorities

1Central Authorities shall provide assistance in relation to applications under...

2In relation to such applications they shall take all appropriate...

3The functions of the Central Authority under this Article may,...

4Nothing in this Article or Article 7 shall be interpreted...

Article 7Requests for specific measures

1A Central Authority may make a request, supported by reasons,...

2A Central Authority may also take specific measures on the...

Article 8Central Authority costs

1Each Central Authority shall bear its own costs in applying...

2Central Authorities may not impose any charge on an applicant...

3The requested Central Authority may not recover the costs of...

CHAPTER IIIAPPLICATIONS THROUGH CENTRAL AUTHORITIES

Article 9Application through Central Authorities

An application under this Chapter shall be made through the...

Article 10Available applications

1The following categories of application shall be available to a...

2The following categories of application shall be available to a...

3Save as otherwise provided in this Convention, the applications in...

Article 11Application contents

1All applications under Article 10 shall as a minimum include—...

2As appropriate, and to the extent known, the application shall...

3The application shall be accompanied by any necessary supporting information...

4An application under Article 10 may be made in the...

Article 12Transmission, receipt and processing of applications and cases through Central Authorities

1The Central Authority of the requesting State shall assist the...

2The Central Authority of the requesting State shall, when satisfied...

3The requested Central Authority shall, within six weeks from the...

4Within three months after the acknowledgement, the requested Central Authority...

5Requesting and requested Central Authorities shall keep each other informed...

6Central Authorities shall process a case as quickly as a...

7Central Authorities shall employ the most rapid and efficient means...

8A requested Central Authority may refuse to process an application...

9The requested Central Authority may not reject an application solely...

Article 13Means of communication

Any application made through Central Authorities of the Contracting States...

Article 14Effective access to procedures

1The requested State shall provide applicants with effective access to...

2To provide such effective access, the requested State shall provide...

3The requested State shall not be obliged to provide such...

4Entitlements to free legal assistance shall not be less than...

5No security, bond or deposit, however described, shall be required...

Article 15Free legal assistance for child support applications

1The requested State shall provide free legal assistance in respect...

2Notwithstanding paragraph 1, the requested State may, in relation to...

Article 16Declaration to permit use of child-centred means test

1Notwithstanding Article 15(1), a State may declare, in accordance with...

2A State shall, at the time of making such a...

3An application referred to in paragraph 1, addressed to a...

4If the most favourable legal assistance provided for by the...

Article 17Applications not qualifying under Article 15 or Article 16

In the case of all applications under this Convention other...

CHAPTER IVRESTRICTIONS ON BRINGING PROCEEDINGS

Article 18Limit on proceedings

1Where a decision is made in a Contracting State where...

2Paragraph 1 shall not apply— (a) where, except in disputes...

CHAPTER VRECOGNITION AND ENFORCEMENT

Article 19Scope of the Chapter

1This Chapter shall apply to a decision rendered by a...

2If a decision does not relate solely to a maintenance...

3For the purpose of paragraph 1, “ administrative authority ”...

4This Chapter also applies to maintenance arrangements in accordance with...

5The provisions of this Chapter shall apply to a request...

Article 20Bases for recognition and enforcement

1A decision made in one Contracting State (“the State of...

2A Contracting State may make a reservation, in accordance with...

3A Contracting State making a reservation under paragraph 2 shall...

4A Contracting State shall, if recognition of a decision is...

5A decision in favour of a child under the age...

6A decision shall be recognised only if it has effect...

Article 21Severability and partial recognition and enforcement

1If the State addressed is unable to recognise or enforce...

2Partial recognition or enforcement of a decision can always be...

Article 22Grounds for refusing recognition and enforcement

Recognition and enforcement of a decision may be refused if—...

Article 23Procedure on an application for recognition and enforcement

1Subject to the provisions of the Convention, the procedures for...

2Where an application for recognition and enforcement of a decision...

3Where the request is made directly to a competent authority...

4A declaration or registration may be refused only on the...

5The applicant and the respondent shall be promptly notified of...

6A challenge or an appeal is to be lodged within...

7A challenge or appeal may be founded only on the...

8A challenge or an appeal by a respondent may also...

9The applicant and the respondent shall be promptly notified of...

10A further appeal, if permitted by the law of the...

11In taking any decision on recognition and enforcement, including any...

Article 24Alternative procedure on an application for recognition and enforcement

1Notwithstanding Article 23(2) to (11), a State may declare, in...

2Where an application for recognition and enforcement of a decision...

3A decision on recognition and enforcement shall be given by...

4The competent authority may review the grounds for refusing recognition...

5A refusal of recognition and enforcement may also be founded...

6Any appeal, if permitted by the law of the State...

7In taking any decision on recognition and enforcement, including any...

Article 25Documents

1An application for recognition and enforcement under Article 23 or...

2Upon a challenge or appeal under Article 23(7) (c) or...

3A Contracting State may specify in accordance with Article 57—...

Article 26Procedure on an application for recognition

This Chapter shall apply mutatis mutandis to an application for...

Article 27Findings of fact

Any competent authority of the State addressed shall be bound...

Article 28No review of the merits

There shall be no review by any competent authority of...

Article 29Physical presence of the child or the applicant not required

The physical presence of the child or the applicant shall...

Article 30Maintenance arrangements

1A maintenance arrangement made in a Contracting State shall be...

2For the purpose of Article 10(1) (a) and (b) and...

3An application for recognition and enforcement of a maintenance arrangement...

4Recognition and enforcement of a maintenance arrangement may be refused...

5The provisions of this Chapter, with the exception of Articles...

6Proceedings for recognition and enforcement of a maintenance arrangement shall...

7A State may declare, in accordance with Article 63, that...

8A Contracting State may, in accordance with Article 62, reserve...

Article 31Decisions produced by the combined effect of provisional and confirmation orders

Where a decision is produced by the combined effect of...

CHAPTER VIENFORCEMENT BY THE STATE ADDRESSED

Article 32Enforcement under internal law

1Subject to the provisions of this Chapter, enforcement shall take...

2Enforcement shall be prompt.

3In the case of applications through Central Authorities, where a...

4Effect shall be given to any rules applicable in the...

5Any limitation on the period for which arrears may be...

Article 33Non-discrimination

The State addressed shall provide at least the same range...

Article 34Enforcement measures

1Contracting States shall make available in internal law effective measures...

2Such measures may include— (a) wage withholding;

Article 35Transfer of funds

1Contracting States are encouraged to promote, including by means of...

2A Contracting State, under whose law the transfer of funds...

CHAPTER VIIPUBLIC BODIES

Article 36Public bodies as applicants

1For the purposes of applications for recognition and enforcement under...

2The right of a public body to act in place...

3A public body may seek recognition or claim enforcement of—...

4The public body seeking recognition or claiming enforcement of a...

CHAPTER VIIIGENERAL PROVISIONS

Article 37Direct requests to competent authorities

1The Convention shall not exclude the possibility of recourse to...

2Articles 14(5) and 17 b) and the provisions of Chapters...

3For the purpose of paragraph 2, Article 2(1) a) shall...

Article 38Protection of personal data

Personal data gathered or transmitted under the Convention shall be...

Article 39Confidentiality

Any authority processing information shall ensure its confidentiality in accordance...

Article 40Non-disclosure of information

1An authority shall not disclose or confirm information gathered or...

2A determination to this effect made by one Central Authority...

3Nothing in this Article shall impede the gathering and transmitting...

Article 41No legalisation

No legalisation or similar formality may be required in the...

Article 42Power of attorney

The Central Authority of the requested State may require a...

Article 43Recovery of costs

1Recovery of any costs incurred in the application of this...

2A State may recover costs from an unsuccessful party.

3For the purposes of an application under Article 10(1) (b)...

4This Article shall be without prejudice to Article 8.

Article 44Language requirements

1Any application and related documents shall be in the original...

2A Contracting State which has more than one official language...

3Unless otherwise agreed by the Central Authorities, any other communications...

Article 45Means and costs of translation

1In the case of applications under Chapter III, the Central...

2The cost of translation arising from the application of paragraph...

3Notwithstanding Article 8, the requesting Central Authority may charge an...

Article 46Non-unified legal systems—interpretation

1In relation to a State in which two or more...

2This Article shall not apply to a Regional Economic Integration...

Article 47Non-unified legal systems—substantive rules

1A Contracting State with two or more territorial units in...

2A competent authority in a territorial unit of a Contracting...

3This Article shall not apply to a Regional Economic Integration...

Article 48Co-ordination with prior Hague Maintenance Conventions

In relations between the Contracting States, this Convention replaces, subject...

Article 49Co-ordination with the 1956 New York Convention

In relations between the Contracting States, this Convention replaces the...

Article 50Relationship with prior Hague Conventions on service of documents and taking of evidence

This Convention does not affect the Hague Convention of 1...

Article 51Co-ordination of instruments and supplementary agreements

1This Convention does not affect any international instrument concluded before...

2Any Contracting State may conclude with one or more Contracting...

3Paragraphs 1 and 2 shall also apply to reciprocity arrangements...

4This Convention shall not affect the application of instruments of...

Article 52Most effective rule

1This Convention shall not prevent the application of an agreement,...

2This Convention shall not prevent the application of a law...

Article 53Uniform interpretation

In the interpretation of this Convention, regard shall be had...

Article 54Review of practical operation of the Convention

1The Secretary General of the Hague Conference on Private International...

2For the purpose of such review, Contracting States shall co-operate...

Article 55Amendment of forms

1The forms annexed to this Convention may be amended by...

2Amendments adopted by the Contracting States present at the Special...

3During the period provided for in paragraph 2 any Contracting...

Article 56Transitional provisions

1The Convention shall apply in every case where—

2With regard to the recognition and enforcement of decisions between...

3The State addressed shall not be bound under this Convention...

Article 57Provision of information concerning laws, procedures and services

1A Contracting State, by the time its instrument of ratification...

2Contracting States may, in fulfilling their obligations under paragraph 1,...

3Information shall be kept up to date by the Contracting...

CHAPTER IXFINAL PROVISIONS

Article 58Signature, ratification and accession

1The Convention shall be open for signature by the States...

2It shall be ratified, accepted or approved and the instruments...

3Any other State or Regional Economic Integration Organisation may accede...

4The instrument of accession shall be deposited with the depositary....

5Such accession shall have effect only as regards the relations...

Article 59Regional Economic Integration Organisations

1A Regional Economic Integration Organisation which is constituted solely by...

2The Regional Economic Integration Organisation shall, at the time of...

3At the time of signature, acceptance, approval or accession, a...

4For the purposes of the entry into force of this...

5Any reference to a “Contracting State” or “State” in this...

Article 60Entry into force

1The Convention shall enter into force on the first day...

2Thereafter the Convention shall enter into force—

Article 61Declarations with respect to non-unified legal systems

1If a State has two or more territorial units in...

2Any such declaration shall be notified to the depositary and...

3If a State makes no declaration under this Article, the...

4This Article shall not apply to a Regional Economic Integration...

Article 62Reservations

1Any Contracting State may, not later than the time of...

2Any State may at any time withdraw a reservation it...

3The reservation shall cease to have effect on the first...

4Reservations under this Article shall have no reciprocal effect with...

Article 63Declarations

1Declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1),...

2Declarations, modifications and withdrawals shall be notified to the depositary....

3A declaration made at the time of signature, ratification, acceptance,...

4A declaration made at a subsequent time, and any modification...

Article 64Denunciation

1A Contracting State to the Convention may denounce it by...

2The denunciation shall take effect on the first day of...

Article 65Notification

The depositary shall notify the Members of the Hague Conference...

In witness whereof the undersigned, being duly authorised thereto, have...

Done at The Hague, on the 23rd day of November...

SCHEDULE 3GARESERVATIONS AND DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2007 HAGUE CONVENTION

PART 1DECLARATION CONCERNING SPOUSAL SUPPORT

1Declaration referred to in Article 2(3) of the Convention: The...

PART 2RESERVATION CONCERNING USE OF FRENCH

2Reservation made in accordance with Article 62 of the Convention,...

PART 3DECLARATION CONCERNING APPLICATION CONTENTS

3Declaration made in accordance with Article 63 of the Convention,...

PART 4UNILATERAL DECLARATION CONCERNING THE APPLICATION OF THE CONVENTION

4Unilateral declaration made at the time of ratification by the...

SCHEDULE 4 CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

General

1Subject to the rules of this Schedule, persons domiciled in...

2Persons domiciled in a part of the United Kingdom may...

Special jurisdiction

3A person domiciled in a part of the United Kingdom...

4Proceedings which have as their object a decision of an...

5A person domiciled in a part of the United Kingdom...

6Where by virtue of this Schedule a court of a...

Jurisdiction over consumer contracts

7(1) In matters relating to a contract concluded by a...

8(1) A consumer may bring proceedings against the other party...

9The provisions of rules 7 and 8 may be departed...

Jurisdiction over individual contracts of employment

10(1) In matters relating to individual contracts of employment, jurisdiction...

Exclusive jurisdiction

11The following courts shall have exclusive jurisdiction, regardless of domicile...

Prorogation of jurisdiction

12(1) If the parties have agreed that a court or...

13(1) Apart from jurisdiction derived from other provisions of this...

Examination as to jurisdiction and admissibility

14Where a court of a part of the United Kingdom...

15(1) Where a defendant domiciled in one part of the...

Provisional, including protective, measures

16Application may be made to the courts of a part...

TITLE II JURISDICTION

Section 1General Provisions

Article 2

Article 3

Section 2Special jurisdiction

Article 5

A person domiciled in apart of the United Kingdom may,...

Article 5A

Article 6

A person domiciled in apart of the United Kingdom may,in...

Article 6A

Section 4Jurisdiction over consumer contracts

Article 13

In proceedings concerning a contract concluded by a person for...

Article 14

Article 15

The provisions of this Section may be departed from only...

Section 5Exclusive jurisdiction

Article 16

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

Section 6Prorogation of jurisdiction

Article 17

Article 18

Section 7Examination as to jurisdiction and admissibility

Article 19

Article 20

Section 9Provisional, including protective, measures

Article 24

SCHEDULE 5 PROCEEDINGS EXCLUDED FROM SECTION 4

Proceedings under the Companies Acts

1Proceedings for the winding up of a company under the...

Patents, trade marks, designs and similar rights

2Proceedings concerned with the registration or validity of patents, trade...

Protection of Trading Interests Act 1980

3Proceedings under section 6 of the Protection of Trading Interests...

Appeals etc. from tribunals

4Proceedings on appeal from, or for review of, decisions of...

Maintenance and similar payments to local and other public authorities

5. . . . . . . . . ....

Proceedings under certain conventions, etc.

6Proceedings brought in any court in pursuance of—

Certain Admiralty proceedings in Scotland

7Proceedings in Scotland in an admiralty action where the jurisdiction...

8Proceedings for the rectification of the register of aircraft mortgages...

Continental Shelf Act 1964

9Proceedings brought in any court in pursuance of an order...

Financial Services Act 1986

10Proceedings such as are mentioned in section 415 of the...

Proceedings by third parties against insurers

11Proceedings under the Third Parties (Rights against Insurers) Act 2010....

SCHEDULE 6 ENFORCEMENT OF U.K. JUDGMENTS (MONEY PROVISIONS)

Preliminary

1In this Schedule— “judgment” means any judgment to which section...

Certificates in respect of judgments

2(1) Any interested party who wishes to secure the enforcement...

3A certificate shall not be issued under this Schedule in...

4(1) Subject to paragraph 3, on an application under paragraph...

Registration of certificates

5(1) Where a certificate has been issued under this Schedule...

General effect of registration

6(1) A certificate registered under this Schedule shall, for the...

Costs or expenses

7Where a certificate is registered under this Schedule, the reasonable...

Interest

8(1) Subject to any provision made under sub-paragraph (2), the...

Stay or sisting of enforcement in certain cases

9Where a certificate in respect of a judgment has been...

Cases in which registration of a certificate must or may be set aside

10Where a certificate has been registered under this Schedule, the...

SCHEDULE 7 ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS)

Preliminary

1In this Schedule— “judgment” means any judgment to which section...

Certified copies of judgments

2(1) Any interested party who wishes to secure the enforcement...

3A certified copy of a judgment shall not be issued...

4(1) Subject to paragraph 3, on an application under paragraph...

Registration of judgments

5(1) Where a certified copy of a judgment has been...

General effect of registration

6(1) The non-money provisions contained in a judgment registered under...

Costs or expenses

7(1) Where a judgment is registered under this Schedule, the...

Stay or sisting of enforcement in certain cases

8Where a judgment has been registered under this Schedule, the...

Cases in which registered judgment must or may be set aside

9Where a judgment has been registered under this Schedule, the...

SCHEDULE 8 RULES AS TO JURISDICTION IN SCOTLAND

General

1Subject to the following rules, persons shall be sued in...

Special jurisdiction

2Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction...

Jurisdiction over consumer contracts

3(1) In matters relating to a contract concluded by a...

Jurisdiction over individual contracts of employment

4(1) In matters relating to individual contracts of employment, jurisdiction...

Exclusive jurisdiction

5(1) Notwithstanding anything contained in any of rules 1 to...

Prorogation of jurisdiction

6(1) If the parties have agreed that a court is...

7(1) Apart from jurisdiction derived from other provisions of this...

Examination as to jurisdiction and admissibility

8Where a court is seised of a claim which is...

9Where in any case a court has no jurisdiction which...

SCHEDULE 9 PROCEEDINGS EXCLUDED FROM SCHEDULE 8

1Proceedings concerning the status or legal capacity of natural persons...

2Proceedings for regulating the custody of children.

2AProceedings relating to parental responsibilities within the meaning of section...

3Proceedings relating to guardianship of children and all proceedings relating...

4Proceedings in respect of sequestration in bankruptcy; or the winding...

5Proceedings relating to a company where, by any enactment, jurisdiction...

6Admiralty actions in so far as the jurisdiction is based...

7Commissary proceedings.

8Proceedings for the rectification of the register of aircraft mortgages...

9Proceedings under section 7(3) of the Civil Aviation (Eurocontrol) Act...

10Proceedings brought in pursuance of an order under section 11...

11Proceedings under section 6 of the Protection of Trading Interests...

12Appeals from or review of decisions of tribunals.

13Proceedings which are not in substance proceedings in which a...

14Proceedings brought in any court in pursuance of—

SCHEDULE 10AMENDMENTS OF FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

1(1) Section 1 (power to extend Part I to foreign...

2In section 9 (power to make foreign judgment unenforceable in...

3For section 10 (issue of certificates of judgments obtained in...

4After section 10 insert— Arbitration awards. The provisions of this Act, except sections 1(5) and 6,...

5(1) Section 1(1) (interpretation) is amended as follows.

SCHEDULE 11 MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS

PART I ENFORCEMENT OF LUMP SUM ORDERS

Maintenance Orders Act 1950 (c. 37)

1In section 18(3A) of the Maintenance Orders Act 1950 (order...

Maintenance Orders Act 1958 (c.39)

2(1) Section 2 of the Maintenance Orders Act 1958 (registration...

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

3(1) Section 11 of the Maintenance and Affiliation Orders Act...

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

4(1) In section 9 of the Maintenance Orders (Reciprocal Enforcement)...

PART II RECOVERY OF INTERESTS ON ARREARS

Maintenance Orders Act 1950 (c. 37)

5In section 18 of the Maintenance Orders Act 1950 (enforcement...

Maintenance Orders Act 1958 (c.39)

6(1) The Maintenance Orders Act 1958 is amended as follows....

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

7(1) The Maintenance and Affiliation Orders Act (Northern Ireland) 1966...

PART III RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

8The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as...

9In section 2 (transmission of United Kingdom order for enforcement...

10In section 6 (registration in United Kingdom of order in...

11In section 8(5) (duty of magistrates’ court and its officers...

12In section 9 (variation and revocation of orders), after subsection...

13(1) Section 10 (cancellation of registration and transfer of orders)...

14In section 11(1) (steps to be taken where payer is...

15In section 21(1) (interpretation of Part I), in the definition...

16In section 24 (application of Part I to certain order...

17In section 40 (power to apply Act with modifications by...

18In section 47 (interpretation), in subsection (3) (construction of references...

SCHEDULE 12 CONSEQUENTIAL AMENDMENTS

PART I AMENDMENTS CONSEQUENTIAL ON PART I OF THIS ACT

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

1In section 150 of the Army Act 1955 and in...

Naval Discipline Act 1957 (c. 53)

2In section 101 of the Naval Discipline Act 1957 (service...

Maintenance Orders Act 1958 (c. 39)

3. . . . . . . . . ....

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

4In section 10 of the Maintenance and Affiliation Orders Act...

Administration of Justice Act 1970 (c. 31)

5In Schedule 8 to the Administration of Justice Act 1970...

Attachment of Earnings Act 1971 (c. 32)

6In Schedule 1 to the Attachment of Earnings Act 1971...

Magistrates’ Courts Act 1980 (c. 43)

7. . . . . . . . . ....

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

8(1) In Article 88 of the Magistrates’ Courts (Northern Ireland)...

PART II AMENDMENTS CONSEQUENTIAL ON SCHEDULE 8

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)

1In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after...

Maintenance Orders Act 1950 (c. 37)

2In section 15(1)(b) of the Maintenance Orders Act 1950 for...

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

3(1) In section 4 of the Maintenance Orders (Reciprocal Enforcement)...

Consumer Credit Act 1974 (c. 39)

4In section 141 of the Consumer Credit Act 1974 the...

PART III AMENDMENTS CONSEQUENTIAL ON SECTION 36

Maintenance Orders Act 1950 (c.37)

1(1) The Maintenance Orders Act 1950 is amended as follows....

Maintenance Orders Act 1958 (c. 39)

2In section 23(2) of the Maintenance Orders Act 1958 (provisions...

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)

3(1) The Maintenance and Affiliation Orders Act (Northern Ireland) 1966...

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I.))

4In Article 98 of the Judgments Enforcement (Northern Ireland) Order...

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.))

5(1) In Article 88 of the Magistrates’ Courts (Northern Ireland)...

SCHEDULE 13 Commencement, Transitional Provisions and Savings

Part ICommencement

Provisions coming into force on Royal Assent

1The following provisions come into force on Royal Assent: Provision...

Provisions coming into force six weeks after Royal Assent

2The following provisions come into force at the end of...

Provisions coming into force on a day to be appointed

3(1) The other provisions of this Act come into force...

Part II Transitional Provisions and Savings

Section 16 and Schedule 4

1(1) Section 16 and Schedule 4 shall not apply to...

Section 18 and Schedule 6 and associated repeals

2(1) In relation to a judgment a certificate whereof has...

Section 18 and Schedule 7

3Schedule 7 and, so far as it relates to that...

Section 19

4Section 19 shall not apply to judgments given before the...

Section 20 and Schedule 8

5Section 20 and Schedule 8 shall not apply to any...

Section 26

6The power conferred by section 26 shall not be exercisable...

Section 31

7Section 31 shall not apply to any judgment—

Section 32 and associated repeal

8(1) Section 32 shall not apply to any judgment—

Section 33 and associated repeal

9(1) Section 33 shall not apply to any judgment—

Section 34

10Section 34 shall not apply to judgments given before the...

SCHEDULE 14 Repeals

Civil Jurisdiction and Judgments Act 1982

1982 c. 27

C1An 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]C2 C3

Annotations:

Modifications etc. (not altering text)

Act: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 8 (with arts. 28-31)

Act applied (with modifications) (31.12.2020) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (S.I. 2018/1124), regs. 1, 7(1)(2); 2020 c. 1, Sch. 5 para. 1(1)

Act applied (with modifications) (31.12.2020) by The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 (S.I. 2018/1125), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)