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Civil Jurisdiction and Judgments Act 1982
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- UK Public General Acts
- 1982 c. 27
- SCHEDULE 8
- Jurisdiction over consumer contracts
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Changes over time for: Cross Heading: Jurisdiction over consumer contracts
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Civil Jurisdiction and Judgments Act 1982, Cross Heading: Jurisdiction over consumer contracts is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 8 rule 2(g) words substituted by 2024 asp 2 Sch. 1 para. 15
[F1Jurisdiction over consumer contractsU.K.
Textual Amendments
F1Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7
3(1)In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, subject to rule 5, jurisdiction shall be determined by this rule if—U.K.
(a)it is a contract for the sale of goods on instalment credit terms; or
(b)it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or
(c)in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in Scotland or, by any means, directs such activities to Scotland or to several places including Scotland, and the contract falls within the scope of such activities.
(2)This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.
(3)A consumer may bring proceedings against the other party to a contract only in—
(a)the courts for the place in which that party is domiciled;
(b)the courts for the place in which he is himself domiciled; or
(c)any court having jurisdiction by virtue of rule 2(f) or (i).
(4)Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i).
(5)The provisions of this rule shall not affect the right to bring a counterclaim in the court in which, in accordance with this rule, the original claim is pending.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F2Sch. 8 para. 3(6) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 61 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
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