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Civil Jurisdiction and Judgments Act 1982

Status:

This is the original version (as it was originally enacted).

PART IITransitional Provisions and Savings

Section 16 and Schedule 4

1(1)Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section.

(2)Nothing in section 16 or Schedule 4 shall preclude the bringing of proceedings in any part of the United Kingdom in connection with a dispute concerning a contract if the parties to the dispute had agreed before the commencement of that section that the contract was to be governed by the law of that part of the United Kingdom.

Section 18 and Schedule 6 and associated repeals

2(1)In relation to a judgment a certificate whereof has been registered under the 1868 Act or the 1882 Act before the repeal of that Act by this Act, the 1868 Act or, as the case may be, the 1882 Act shall continue to have effect notwithstanding its repeal.

(2)Where by virtue of sub-paragraph (1) the 1882 Act continues to have effect in relation to an order to which section 47 of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 (damages etc. for unfair discrimination) applies, that section shall continue to have effect in relation to that order notwithstanding the repeal of that section by this Act.

(3)A certificate issued under Schedule 6 shall not be registered under that Schedule in a part of the United Kingdom if the judgment to which that certificate relates is the subject of a certificate registered in that part under the 1868 Act or the 1882 Act.

(4)In this paragraph—

  • " the 1868 Act" means the [1868 c. 54.] Judgments Extension Act 1868 ;

  • "the 1882 Act" means the [1882 c. 31.] Inferior Courts Judgments Extension Act 1882 ;

  • "judgment " has the same meaning as in section 18.

Section 18 and Schedule 7

3Schedule 7 and, so far as it relates to that Schedule, section 18 shall not apply to judgments given before the coming into force of that section.

Section 19

4Section 19 shall not apply to judgments given before the commencement of that section.

Section 20 and Schedule 8

5Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.

Section 26

6The power conferred by section 26 shall not be exercisable in relation to property arrested before the commencement of that section or in relation to bail or other security given—

(a)before the commencement of that section to prevent the arrest of property ; or

(b)to obtain the release of property arrested before the commencement of that section ; or

(c)in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b).

Section 31

7Section 31 shall not apply to any judgment—

(a)which has been registered under Part II of the [1920 c. 81.] Administration of Justice Act 1920 or Part I of the [1933 c. 13.] Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force ; or

(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.

Section 32 and associated repeal

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

(a)which has been registered under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or Part I of the [1972 c. 18.] Maintenance Orders (Reciprocal Enforcement) Act 1972 before the time when that section comes into force ; or

(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.

(2)Section 4(3)0) of the [1933 c. 13.] Foreign Judgments (Reciprocal Enforcement) Act 1933 shall continue to have effect, notwithstanding its repeal by this Act, in relation to a judgment registered under Part I of that Act before the commencement of section 32.

Section 33 and associated repeal

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

(a)which has been registered under Part II of the [1920 c. 81.] Administration Of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.

(2)The repeal by this Act of words in section 4(2)(a)(i) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall not affect the operation of that provision in relation to a judgment registered under Part I of that Act before the commencement of section 33.

Section 34

10Section 34 shall not apply to judgments given before the commencement of that section.

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