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Civil Jurisdiction and Judgments Act 1982

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[F1 Article 27E+W+S+N.I.
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Amendments (Textual)

F1Sch. 1 substituted (1.10.1991) by S.I. 1990/2591, art. 12(1), Sch. 1

A judgment shall not be recognised–

1.If such recognition is contrary to public policy in the State in which recognition is sought.

2.Where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence.

3.If the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought.

4.If the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State.

5.If the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the state addressed.]

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