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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

3(1)[[Article 13]] 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)[[Article 14]] 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)[[Article 15(1) and (2)]] 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.

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