Civil Jurisdiction and Judgments Act 1982

Other supplementary provisionsU.K.

9 [F1Provisions supplementary to Article 26 of the 2005 Hague Convention].U.K.

(1)F2... [F3Article 26 of the 2005 Hague Convention] (relationship between [F4the 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.

F5(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5S. 9(1A) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 2

F710Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.U.K.

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Textual Amendments

F811Proof and admissibility of certain judgments and related documents.U.K.

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Textual Amendments

F911AProof and admissibility of certain judgments and related documents for the purposes of the Lugano ConventionU.K.

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Textual Amendments

[F1011B.Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague ConventionU.K.

(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.]

Textual Amendments

Modifications etc. (not altering text)

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

Rules of court may make provision for enabling any interested party wishing to secure under F11... [F12the 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.

Textual Amendments

Modifications etc. (not altering text)

C2S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.

F1313Modifications to cover authentic instruments and court settlements.U.K.

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Textual Amendments

F1414Modifications consequential on revision of the Conventions.U.K.

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Textual Amendments

15 Interpretation of Part I and consequential amendments.U.K.

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

  • “judgment” has the meaning given by F15... [F16Article 4(1) of the 2005 Hague Convention];

  • F17...

  • F18...

  • “prescribed” means prescribed by rules of court.

(2)References in this Part to a judgment registered under [F19sections F20... [F214BF22...]] include, to the extent of its registration, references to a judgment so registered to a limited extent only.

F23(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Editorial Information

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

Textual Amendments

Modifications etc. (not altering text)

C3S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.