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Civil Jurisdiction and Judgments Act 1982

Status:

This is the original version (as it was originally enacted).

Schedule 8Rules as to Jurisdiction in Scotland

General

1Subject to the following Rules, persons shall be sued in the courts for the place where they are domiciled.

Special jurisdiction

2Subject to Rules 3 (jurisdiction over consumer contracts), 4 (exclusive jurisdiction) and 5 (prorogation) a person may also be sued—

(1)where he has no fixed residence, in a court within whose jurisdiction he is personally cited ;

(2)in matters relating to a contract, in the courts for the place of performance of the obligation in question ;

(3)in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred ;

(4)as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that that court has jurisdiction to entertain civil proceedings ;

(5)in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action for adherence and aliment or of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person, and provided also that—

(a)where a local authority exercises its power to raise an action under section 44(7)(a) of the National Assistance Act 1948 or under section 81(1) of the Social Work (Scotland) Act 1968; and

(b)where the Secretary of State exercises his power to raise an action under section 19(8)(a) of the Supplementary Benefits Act 1976;

this Rule shall apply as if the reference to the maintenance creditor were a reference to the mother of the child ;

(6)as regards a dispute arising out of the operations of a branch,

agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

(7)in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the Trusts (Scotland) Act 1921;

(8)where he is not domiciled in the United Kingdom, in the courts for any place where—

(a)any moveable property belonging to him has been ar rested ; or

(b)any immoveable property in which he has any beneficial interest is situated;

(9)in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, in the courts for the place where the property is situated;

(10)in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;

(11)in proceedings concerning a debt secured over immoveable property, in the courts for the place where the property is situated;

(12)in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;

(13)in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;

(14)in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;

(15)(a) where he is one of a number of defenders, in the courts for the place where any one of them is domiciled ;

(b)as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

(c)on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.

Jurisdiction over consumer contracts

3(1)In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called the "consumer", subject to Rule 4 (exclusive jurisdiction), jurisdiction shall be determined by this Rule if it is—

(a)a contract for the sale of goods on instalment credit terms ;

or

(b)a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods ; or

(c)any other contract for the supply of goods or a contract for the supply of services, if—

(i)the consumer took in Scotland the steps necessary for the conclusion of the contract; or

(ii)proceedings are brought in Scotland by virtue of section 10(3).

(2)This Rule shall not apply to contracts of transport or contracts of insurance.

(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(6) or (9).

(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(9).

(5)Nothing in this Rule shall affect the right to bring a counterclaim in the court in which, in accordance with this Rule, the original claim is pending.

(6)The provisions of this Rule may be departed from only by an agreement—

(a)which is entered into after the dispute has arisen; or

(b)which allows the consumer to bring proceedings in a court other than a court indicated in this Rule.

Exclusive jurisdiction

4(1)Notwithstanding anything contained in any of Rules 1 to 3 above or 5 to 8 below, the following courts shall have exclusive jurisdiction—

(a)in proceedings which have as their object rights in rem in, or tenancies of, immoveable property, the courts for the place where the property is situated ;

(6)in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts for the place where the company, legal person or association has its seat;

(c)in proceedings which have as their object the validity of entries in public registers, the courts for the place where the register is kept;

(d)in proceedings concerned with the enforcement of judgements, the courts for the place where the judgement has been or is to be enforced.

(2)Nothing in paragraph (1)(c) above affects jurisdiction in any proceedings concerning the validity of entries in registers of patents, trade marks, designs, or other similar rights required to be deposited or registered.

(3)No court shall exercise jurisdiction in a case where immoveable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgement has been or is to be enforced is situated outside Scotland and where paragraph (1) above would apply if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland.

Prorogation of jurisdiction

5(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)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)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)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)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.

Examination as to jurisdiction and admissibiiity

7Where a court is seised of a claim which is principally concerned with a matter over which another court has exclusive jurisdiction by virtue of Rule 4, or where it is precluded from exercising jurisdiction by Rule 4(3), it shall declare of its own motion that it has no jurisdiction.

8Where in any case a court has no jurisdiction which is compatible with this Act, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.

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