Part I Implementation of the Conventions

Other supplementary provisions

9F10Provisions supplementary to Article 26 of the 2005 Hague Convention.

1

F22... F5Article 26 of the 2005 Hague Convention (relationship between F23the 2005 Hague 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.

F11A

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F22

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F1110Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.

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F1211Proof and admissibility of certain judgments and related documents.

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F1311AProof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention

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C311BF4Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention

1

For the purposes of the 2005 Hague Convention

a

a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

b

a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.

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 their capacity as 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.

C112 Provision 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 F14... F6the 2005 Hague 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.

F1513Modifications to cover authentic instruments and court settlements.

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F1614Modifications consequential on revision of the Conventions.

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15 Interpretation of Part I and consequential amendments.

1

In this Part, unless the context otherwise requires—

  • judgment” has the meaning given by F17... F7Article 4(1) of the 2005 Hague Convention;

  • F18...

  • F19...

  • prescribed” means prescribed by rules of court.

C22

References in this Part to a judgment registered under F3sections F20... F84BF21... include, to the extent of its registration, references to a judgment so registered to a limited extent only.

F9C23

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X14

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