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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

Prorogation of jurisdiction

5(1)[[Article 17(1)]] If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have exclusive jurisdiction.

(2)[[Article 17(1)]] Such an agreement conferring jurisdiction shall be either in writing or evidenced in writing or, in trade or commerce, in a form which accords with practices in that trade or commerce of which the parties are or ought to have been aware.

(3)[[Article 17(2)]] The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

(4)Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (3) above applies may be brought in any court in Scotland.

(5)[[Article 17(3)]] Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Rule 4 or where Rule 4(3) applies.

6(1)[[Article 18)]] Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction.

(2)This Rule shall not apply where appearance was entered solely to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of Rule 4 or where Rule 4(3) applies.

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