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Civil Jurisdiction and Judgments Act 1982

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SCHEDULES

Section 2(2)

[F1SCHEDULE 1E+W+S+N.I. TEXT OF 1968 CONVENTION, AS AMENDED

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Amendments (Textual)

F1Sch. 1 substituted (1.10.1991) by S.I. 1990/2591, art. 12(1), Sch. 1

ARRANGEMENT OF PROVISIONSE+W+S+N.I.

TITLE I. SCOPE (Article 1)

TITLE II. JURISDICTION

  • Section 1. General provisions (Articles 2–4).

  • Section 2. Special jurisdiction (Articles 5–6A).

  • Section 3. Jurisdiction in matters relating to insurance (Articles 7–12A).

  • Section 4. Jurisdiction over consumer contracts (Articles 13–15).

  • Section 5. Exclusive jurisdiction (Article 16).

  • Section 6. Prorogation of jurisdiction (Articles 17 and 18).

  • Section 7. Examination as to jurisdiction and admissibility (Articles 19 and 20).

  • Section 8. Lis pendens—Related actions (Articles 21–23).

  • Section 9. Provisional, including protective, measures (Article 24).

TITLE III. RECOGNITION AND ENFORCEMENT

  • Definition of judgment (Article 25).

  • Section 1. Recognition (Articles 26–30).

  • Section 2. Enforcement (Articles 31–45).

  • Section 3. Common provisions (Articles 46–49).

TITLE IV. AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS (Articles 50 and 51).

TITLE V. GENERAL PROVISIONS (Articles 52 and 53).

TITLE VI. TRANSITIONAL PROVISIONS (Articles 54 and 54A).

TITLE VII. RELATIONSHIP TO OTHER CONVENTIONS (Articles 55–59).

TITLE VIII. FINAL PROVISIONS (Articles 60–68).

CONVENTION

on jurisdiction and the enforcement of judgments in civil and commercial matters

PREAMBLE

  • THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

  • Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

  • Anxious to strengthen in the Community the legal protection of persons therein established;

  • Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements;

  • Have decided to conclude this Convention and to this end have designated as their Plenipotentiaries;

  • (Designations of Plenipotentiaries of the original six Contracting States)

  • WHO, meeting within the Council, having exchanged their Full Powers, found in good and due form,

  • HAVE AGREED AS FOLLOWS:

TITLE IE+W+S+N.I.SCOPE

Article 1E+W+S+N.I.

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to–

1.The status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession.

2.Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings.

3.Social security.

4.Arbitration.

TITLE IIE+W+S+N.I.JURISDICTION

Section 1E+W+S+N.I.General provisions

Article 2E+W+S+N.I.

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3E+W+S+N.I.

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them—

—0in Belgium: Article 15 of the civil code (Code civil—Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire—Gerechtelijk Wetboek),

—0in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),

—0in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

—0in Greece, Article 40 of the code of civil procedure (Kwdikaς Politikhς Dikonomíaς),

—0in France: Articles 14 and 15 of the civil code (Code civil),

—0in Ireland: the rules which enable jurisdiction to be founded on the document instituting the procedings having been served on the defendant during his temporary presence in Ireland,

—0in Italy: Articles 2 and 4, nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

—0In Luxembourg: Articles 14 and 15 of the civil code (Code civil),

—0in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),

—0in Portugal: Article 65(1)(c), article 65(2) and Article 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

—0in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a)the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or

(b)the presence within the United Kingdom of property belonging to the defendant; or

(c)the seizure by the plaintiff of property situated in the United Kingdom.

Article 4E+W+S+N.I.

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.

Section 2E+W+S+N.I.Special jurisdiction

Article 5E+W+S+N.I.

A person domiciled in a Contracting State may, in another Contracting State, be sued–

1.In matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated.

2.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, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.

3.In matters relating to tort, 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 under its own law to entertain civil procedings.

5.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.

6.As settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled.

7.As regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question–

(a)has been arrested to secure such payment, or

(b)could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6E+W+S+N.I.

A person domiciled in a Contracting State may also be sued–

1.Where he is one of a number of defendants, in the courts for the place where any one of them is domiciled.

2.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.

3.On a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.

4.In matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.

Article 6aE+W+S+N.I.

Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.

Section 3E+W+S+N.I.Jurisdiction in matters relating to insurance

Article 7E+W+S+N.I.

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5 point 5.

Article 8E+W+S+N.I.

An insurer domiciled in a Contracting State may be sued—

1.in the courts of the State where he is domiciled, or

2.in another Contracting State, in the courts for the place where the policy-holder is domiciled, or

3.if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.

An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9E+W+S+N.I.

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10E+W+S+N.I.

In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party had brought against the insured.

  • The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured partly directly against the insurer, where such direct actions are permitted.

  • If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11E+W+S+N.I.

Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement on jurisdiction–

1.which is entered into after the dispute has arisen, or

2.which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section, or

3.which is concluded between a policy-holder and an insurer, both of whom are domiciled in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State, or

4.which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State, or

5.which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12a.

Article 12aE+W+S+N.I.

The following are the risks referred to in point 5 of Article 12–

1.Any loss of or damage to–

(a)sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;

(b)goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft.

2.Any liability, other than for bodily injury to passengers or loss of or damage to their baggage–

(a)arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

(b)for loss or damage caused by goods in transit as described in point 1(b) above.

3.Any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a) above, in particular loss of freight or charter-hire.

4.Any risk or interest connected with any of those referred to in points 1 to 3 above.

Section 4E+W+S+N.I.Jurisdiction over consumer contracts

Article 13E+W+S+N.I.

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", jurisdiction shall be determined by this Section, without prejudice to the provisions of Article 4 and point 5 of Article 5, if it is–

1.a contract for the sale of goods on instalment credit terms, or

2.a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or

3.any other contract for the supply of goods or a contract for the supply of services, and

(a)in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising; and

(b)the consumer took in that State the steps necessary for the conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Article 14E+W+S+N.I.

A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled.

  • Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled.

  • These provisions shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 15E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement–

1.which is entered into after the dispute has arisen, or

2.which allows the consumer to bring proceedings in courts other than those indicated in this Section, or

3.which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

Section 5E+W+S+N.I.Exclusive jurisdiction

Article 16E+W+S+N.I.

The following courts shall have exclusive jurisdiction, regardless of domicile:

1.(a)in proceedings which have as their objects rightsin rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;

(b)however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same Contracting State.

2.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, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat.

3.In proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept.

4.In proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place.

5.In proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

Section 6E+W+S+N.I.Prorogation of jurisdiction

Article 17E+W+S+N.I.

If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either–

(a)in writing or evidenced in writing, or

(b)in a form which accords with practices which the parties have established between themselves or,

(c)in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

  • Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

  • The court or courts of a Contracting State 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.

  • Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Articles 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

  • If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.

  • In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defendant’s domicile or those specified in Article 5(1).

Article 18E+W+S+N.I.

Apart from jurisdiction derived from other provisions of the Convention, a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7E+W+S+N.I.Examination as to jurisdiction and admissibility

Article 19E+W+S+N.I.

Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20E+W+S+N.I.

Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of the Convention.

  • The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

  • The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15th November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the document instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

Section 8E+W+S+N.I.Lis pendens—related actions

Article 21E+W+S+N.I.

Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Contracting States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22E+W+S+N.I.

Where related actions are brought in the courts of different Contracting States, any court other than the court first seised may, while the actions are pending at first instance, stay its proceedings.

  • A court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the law of that court permits the consolidation of related actions and the court first seised has jurisdiction over both actions.

  • For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

Article 23E+W+S+N.I.

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

Section 9E+W+S+N.I.Provisional, including protective, measures

Article 24E+W+S+N.I.

Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE IIIE+W+S+N.I.RECOGNITION AND ENFORCEMENT

Article 25E+W+S+N.I.

For the purposes of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

Section 1E+W+S+N.I.Recognition

Article 26E+W+S+N.I.

A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required.

  • Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognized.

  • If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27E+W+S+N.I.

A judgment shall not be recognised–

1.If such recognition is contrary to public policy in the State in which recognition is sought.

2.Where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence.

3.If the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought.

4.If the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State.

5.If the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the state addressed.

Article 28E+W+S+N.I.

Moreover, a judgment shall not be recognized if it conflicts with the provisions of Sections 3, 4 or 5 of Title II, or in a case provided for in Article 59.

  • In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

  • Subject to the provisions of the first paragraph, the jurisdiction of the court of the State of origin may not be reviewed; the test of the public policy referred to in point 1 of Article 27 may not be applied to the rules relating to jurisdiction.

Article 29E+W+S+N.I.

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30E+W+S+N.I.

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin, by reason of an appeal.

Section 2E+W+S+N.I.Enforcement

Article 31E+W+S+N.I.

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32E+W+S+N.I.

1The application shall be submitted–E+W+S+N.I.

—0in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

—0in Denmark, to the byret,

—0in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

—0in Greece, to the Monomelez Prwtodikeio,

—0in Spain, to the Juzgado de Primera Instancia,

—0in France, to the presiding judge of the tribunal de grande instance,

—0in Ireland, to the High Court,

—0in Italy, to the corte d’appello,

—0in Luxembourg, to the presiding judge of the tribunal d’arrondissement,

—0in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

—0in Portugal, to the Tribunal Judicial de Círculo.

—0in the United Kingdom–

(a)in England and Wales, to the High Court of Justice, or in the case of maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State;

(b)in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;

(c)in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.

2The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.E+W+S+N.I.

Article 33E+W+S+N.I.

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

  • The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representativead litem.

  • The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34E+W+S+N.I.

The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

  • The application may be refused only for one of the reasons specified in Articles 27 and 28.

  • Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35E+W+S+N.I.

The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36E+W+S+N.I.

If enforcement is authorized, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorizing enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37E+W+S+N.I.

1An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters–E+W+S+N.I.

—0in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg.

—0in Denmark, with the landsret,

—0in the Federal Republic of Germany, with the Oberlandesgericht,

—0in Greece, with the Efeteio,

—0in Spain, with the Audiencia Provincial,

—0in France, with the cour d’appel,

—0in Ireland, with the High Court,

—0in Italy, with the corte d’appello,

—0in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,

—0in the Netherlands, with the arrondissementsrechtbank,

—0in Portugal, with the Tribunal de Relaçāo,

—0in the United Kingdom–

(a)in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;

(b)in Scotland, with the Court of Session, or in the case of maintenance judgment with the Sheriff Court;

(c)in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.

2The judgment given on the appeal may be contested only–E+W+S+N.I.

—0in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

—0in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

—0in the Federal Republic of Germany, by a Rechtsbeschwerde,

—0in Ireland, by an appeal on a point of law to the Supreme Court,

—0in Portugal, by an appeal on a point of law,

—0in the United Kingdom, by a single further appeal on a point of law.

Article 38E+W+S+N.I.

The court with which the appeal under Article 37(1) is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

  • Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

  • The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39E+W+S+N.I.

During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorizing enforcement shall carry with it the power to proceed to any such protective measures.

Article 40E+W+S+N.I.

1If the application for enforcement is refused, the applicant may appeal–E+W+S+N.I.

—0in Belgium, to the cour d’appel or hof van beroep,

—0in Denmark, to the landsret,

—0in the Federal Republic of Germany, to the Oberlandesgericht,

—0in Greece, to the Efeteio,

—0in Spain, to the Audiencia Provincial,

—0in France, to the cour d’appel,

—0in Ireland, to the High Court,

—0in Italy, to the corte d’appello,

—0in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

—0in the Netherlands, to the gerechtshof,

—0in Portugal, to the Tribunal da Relaçāo,

—0in the United Kingdom–

(a)in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;

(b)in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;

(c)in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.E+W+S+N.I.

Article 41E+W+S+N.I.

A judgment given on appeal provided for in Article 40 may be contested only–

—0in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

—0in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

—0in the Federal Republic of Germany, by a Rechtsbeschwerde,

—0in Ireland, by an appeal on a point of law to the Supreme Court,

—0in Portugal, by an appeal on a point of law,

—0in the United Kingdom, by a single further appeal on a point of law.

Article 42E+W+S+N.I.

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorized for all of them, the court shall authorize enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43E+W+S+N.I.

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44E+W+S+N.I.

An applicant who, in the State of origin has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed.

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from the Danish Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45E+W+S+N.I.

No security, bond or deposit, however discribed, shall be required of a party who in on Contracting State applies for enforcement of a judgment given in another Contracting State on the grounds that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

Section 3E+W+S+N.I.Common provisions

Article 46E+W+S+N.I.

A party seeking recognition or applying for enforcement of a judgment shall produce–

1.a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

2.in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.

Article 47E+W+S+N.I.

A party applying for enforcement shall also produce—

1.documents which establish that, according to the law of the State or origin the judgment is enforceable and has been served;

2.where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Article 48E+W+S+N.I.

If the documents specified in point 2 of Articles 46 and 47 are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translations shall be certified by a person qualified to do so in one of the Contracting States.

Article 49E+W+S+N.I.

No legalization or other similar formality shall be required in respect of the documents referred to in Articles 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representativead litem.

TITLE IVE+W+S+N.I.AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50E+W+S+N.I.

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Article 31 et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

  • The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

  • The provisions of Section 3 of Title III shall apply as appropriate.

Article 51E+W+S+N.I.

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the Sate addressed under the same conditions as authentic instruments.

TITLE VE+W+S+N.I.GENERAL PROVISIONS

Article 52E+W+S+N.I.

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Modifications etc. (not altering text)

C1Sch. 1 art. 52 applied (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(b)

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the Court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

Article 53E+W+S+N.I.

For the purposes of this Convention, the seat of a company or other legal person or association of natural or legal persons shall be treated as its domicile. However, in order to determine that seat, the court shall apply its rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VIE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 54E+W+S+N.I.

The provisions of the Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instruments is sought, in the State addressed.

  • However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

  • If the parties to a dispute concerning a contract had agreed in writing before 1st June 1988 for Ireland or before 1st January 1987 for the United Kingdom that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54aE+W+S+N.I.

For a period of three years from 1st November 1986 for Denmark and from 1st June 1988 for Ireland, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 6 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10th May 1952, for one of these States, these provisions shall cease to have effect for that State.

1.A person who is domiciled in a Contracting State may be sued in the Courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either—

(a)the claimant is domiciled in the latter State, or

(b)the claim arose in the latter State, or

(c)the claim concerns the voyage during which the arrest was made or could have been made, or

(d)the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution of non-execution of a manoeuvre or by the non-observance of regulations, or

(e)the claim is for salvage, or

(f)the claim is in respect of a mortgage or hypothecation of the ship arrested.

2.A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in (5)(o), (p) or (q) of this Article.

3.Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

4.When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.

5.The expression “maritime claim” means a claim arising out of one or more of the following—

(a)damage caused by any ship either in collision or otherwise;

(b)loss of life or personal injury caused by any ship or occurring in connection with the operation on any ship;

(c)salvage;

(d)agreement relating to the use of hire of any ship whether by charterparty or otherwise;

(e)agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

(f)loss of or damage to goods including baggage carried in any ship;

(g)general average;

(h)bottomry;

(i)towage;

(j)pilotage;

(k)goods or materials wherever supplied to a ship for her operation or maintenance;

(l)construction, repair or equipment of any ship or dock charges and dues;

(m)wages of master, officers or crew;

(n)master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

(o)dispute as to the title to or ownership of any ship;

(p)disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

(q)the mortgage or hypothecation of any ship.

6.In Denmark the expression “arrest” shall be deemed as regards the maritime claims referred to in 5(o) and (p) of this Article, to include a “forbud”, where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).

TITLE VIIE+W+S+N.I.RELATIONSHIP TO OTHER CONVENTIONS

Article 55E+W+S+N.I.

Subject to the provisions of the second subparagraph of Article 54, and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them—

—0the Convention between Belgium and France on jurisdication and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Paris on 8th July 1899.

—0the Convention between Belgium and the Netherlands on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 28th March 1925,

—0the Convention between France and Italy on the enforcement of judgments in civil and commercial matters, signed at Rome on 3rd June 1930,

—0the Convention between the United Kingdom and the French Republic providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Paris on 18th January 1934,

—0the Convention between the United Kingdom and the Kingdom of Belgium providing for the reciprocal enforcement of judgments in civil and commercial matters, with Protocol, signed at Brussels on 2nd May 1934,

—0the Convention between Germany and Italy on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 9th March 1936,

—0the Convention between the Federal Republic of Germany and the Kingdom of Belgium on the mutual recognition and enforcement of judgments, arbitration awards and authentic instruments in civil and commercial matters, signed at Bonn on 30th June 1958,

—0the Convention between the Kingdom of the Netherlands and the Italian Republic on the recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 17th April 1959,

—0the Convention between the United Kingdom and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Bonn on 14th July 1960,

—0the Convention between the Kingdom of Greece and the Federal Republic of Germany for the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed in Athens on 4th November 1961,

—0the Convention between the Kingdom of Belgium and the Italian Republic on the recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at Rome on 6th April 1962,

—0the Convention between the Kingdom of the Netherlands and the Federal Republic of Germany on the mutual recognition and enforcement of judgments and other enforceable instruments in civil and commercial matters, signed at The Hague on 30th August 1962,

—0the Convention between the United Kingdom and the Republic of Italy for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Rome on 7th February 1964, with amending Protocol signed at Rome on 14th July 1970,

—0the Convention between the United Kingdom and the Kingdom of the Netherlands providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at The Hague on 17th November 1967,

—0the Convention between Spain and France on the recognition and enforcement of judgment arbitration awards in civil and commercial matters, signed at Paris on 28th May 1969,

—0the Convention between Spain and Italy regarding legal aid and the recognition and enforcement of judgments in civil and commercial matters, signed at Madrid on 22nd May 1973,

—0the Convention between Spain and the Federal Republic of Germany on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Bonn on 14th November 1983,

and, in so far as it is in force—

—0the Treaty between Belgium, the Netherlands and Luxembourg on jurisdiction, bankruptcy, and the validity and enforcement of judgments, arbitration awards and authentic instruments, signed at Brussels on 24th November 1961.

Article 56E+W+S+N.I.

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Convention.

Article 57E+W+S+N.I.

1.This Convention shall not affect any conventions to which the Contracting States are or will be parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.

2.With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner—

(a)this Convention shall not prevent a court of a Contracting State which is a party to a convention on a particular matter from assuming jurisdiction in accordance with that Convention, even where the defendant is domiciled in another Contracting State which is not a party to that Convention. The court hearing the action shall, in any event, apply Article 20 of this Convention;

(b)judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognized and enforced in the other Contracting State in accordance with this Convention.

Where a convention on a particular matter to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedure for recognition and enforcement of judgments may be applied.

3.This Convention shall not affect the application of provisions which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are or will be contained in acts of the institutions of the European Communities or in national laws harmonized in implementation of such acts.

Article 58E+W+S+N.I.

Until such time as the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on 16th September 1988, takes effect with regard to France and the Swiss Confederation, this Convention shall not affect the rights granted to Swiss nationals by the Convention between France and the Swiss Confederation on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15th June 1869.

Article 59E+W+S+N.I.

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recognize judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognize a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there—

1.if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2.if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIIIE+W+S+N.I.FINAL PROVISIONS

Article 60E+W+S+N.I.

[Deleted]

Article 61E+W+S+N.I.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 62E+W+S+N.I.

This Convention shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last signatory State to take this step.

Article 63E+W+S+N.I.

The Contracting States recognize that any State which becomes a member of the European Economic Community shall be required to accept this Convention as a basis for the negotiations between the Contracting States and that State necessary to ensure the implementation of the last paragraph of Article 220 of the Treaty establishing the European Economic Community.

The necessary adjustments may be the subject of a special convention between the Contracting States of the one part and the new Member States of the other part.

Article 64E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the date of entry into force of this Convention;

(c)[Deleted]

(d)any declaration received pursuant to Article IV of the Protocol;

(e)any communication made pursuant to Article VI of the Protocol.

Article 65E+W+S+N.I.

The Protocol annexed to this Convention by common accord of the Contracting State shall form an integral part thereof.

Article 66E+W+S+N.I.

This Convention is concluded for an unlimited period.

Article 67E+W+S+N.I.

Any Contracting State may request the revision of this Convention. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Article 68E+W+S+N.I.

This Convention, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

(Signatures of Plenipotentiaries of the original six Contracting States)

ANNEXED PROTOCOLE+W+S+N.I.

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention.

Article IE+W+S+N.I.

Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article IIE+W+S+N.I.

Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which is as not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.

However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognized or enforced in the other Contracting States.

Article IIIE+W+S+N.I.

In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IVE+W+S+N.I.

Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to the Secretary-General of the Council of the European Communities, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The fowarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article VE+W+S+N.I.

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany. In that State, any person domiciled in another Contracting State may be sued in the courts in pursuance of Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices.

Judgments given in the other Contracting States by virtue of point 2 of Article 6 or Article 10 shall be recognized and enforced in the Federal Republic of Germany in accordance with Title III. Any effects which judgments given in that State may have on third parties by application of Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) shall also be recognized in the other Contracting States.

Article VaE+W+S+N.I.

In matters relating to maintenance, the expression “court” includes the Danish administrative authorites.

Article VbE+W+S+N.I.

In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, Greece, in Ireland or in Portugal, concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article VcE+W+S+N.I.

Articles 52 and 53 of this Convention shall, when applied by Article 69(5) of the Convention for the European patent for the common market, signed at Luxembourg on 15th December 1975, to the provisions relating to “residence” in the English text of that Convention, operate as if “residence” in that text were the same as “domicile” in Articles 52 and 53.

Article VdE+W+S+N.I.

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5th October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provisions of Article 86 of the Convention for the European patent for the common market, signed at luxembourg on 15th December 1975.

Article VIE+W+S+N.I.

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the text of any provisions of their laws which amend either those articles of their laws mentioned in the Convention or the list of courts specified in Section 2 of Title III of the Convention.

(Signatures of Plenipotentiaries of the orginal six Contracting States)]

Section 2(2).

[F2SCHEDULE 2E+W+S+N.I. TEXT OF 1971 PROTOCOL, AS AMENDED

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Amendments (Textual)

F2Sch. 2 substituted (1.10.1991) by S.I. 1990/2591, art. 12(2), Sch. 2

Article 1E+W+S+N.I.

The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and of the Protocol annexed to that Convention, signed at Brussels on 27th September 1968, and also on the interpretation of the present Protocol.

  • The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention of 27th September 1968 and to this Protocol.

  • The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Hellenic Republic to the Convention of 27th September 1968 and to this Protocol, as adjusted by the 1978 Convention.

  • The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention of 27th September 1968 and to this Protocol, as adjusted by the 1978 Convention and the 1982 Convention.

Article 2E+W+S+N.I.

The following courts may request the Court of Justice to give preliminary rulings on questions of interpretation—

1—0in Belgium: la Cour de Cassation—het Hof van Cassatie and le Conseil d’État—de Raad van State,E+W+S+N.I.

—0in Denmark: højesteret,

—0in the Federal Republic of Germany: die obersten Gerichtshöfe des Bundes,

—0in Greece: the anwtata dikasthria,

—0in Spain: el Tribunal Supremo,

—0in France: la Cour de Cassation and le Conseil d’État,

—0in Ireland: the Supreme Court,

—0in Italy: la Corte Suprema di Cassazione,

—0in Luxembourg: la Cour supérieure de Justice when sitting as Cour de Cassation,

—0in the Netherlands: de Hoge Raad,

—0in Portugal: o Supremo Tribunal de Justiça and o Supremo Tribunal Adminstrativo,

—0in the United Kingdom: the House of Lords and courts to which application has been made under the second paragraph of Article 37 or under Article 41 of the Convention.

2The courts of the Contracting States when they are sitting in an appellate capacity.E+W+S+N.I.

3In the cases provided for in Article 37 of the Convention, the courts referred to in that Article.E+W+S+N.I.

Article 3E+W+S+N.I.

1Where a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 is raised in a case pending before one of the courts listed in point 1 of Article 2, that court shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.E+W+S+N.I.

2Where such a question is raised before any court referred to in point 2 or 3 of Article 2, that court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a ruling thereon.E+W+S+N.I.

Article 4E+W+S+N.I.

1The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 if judgments given by courts of that State conflict with the interpretation given either by the Court of Justice or in a judgment of one of the courts of another Contracting State referred to in point 1 or 2 of Article 2. The provisions of this paragraph shall apply only to judgments which have becomeres judicata.E+W+S+N.I.

2The interpretation given by the Court of Justice in response to such a request shall not affect the judgments which gave rise to the request for interpretation.E+W+S+N.I.

3The Procurators-General of the Courts of Cassation of the Contracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance with paragraph 1.E+W+S+N.I.

4The Registrar of the Court of Justice shall give notice of the request to the Contracting States, to the Commission and to the Council of the European Communities; they shall then be entitled within two months of the notification to submit statements of case or written observations to the Court.E+W+S+N.I.

5No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.E+W+S+N.I.

Article 5E+W+S+N.I.

1Except where this Protocol otherwise provides, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Statute of the Court of Justice annexed thereto, which are applicable when the Court is requested to give a preliminary ruling, shall also apply to any proceedings for the interpretation of the Convention and the other instruments referred to in Article 1.E+W+S+N.I.

2The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.E+W+S+N.I.

Article 6E+W+S+N.I.

[Deleted]

Article 7E+W+S+N.I.

This Protocol shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 8E+W+S+N.I.

This Protocol shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last signatory State to take this step; provided that it shall at the earliest enter into force at the same time as the Convention of 27th September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.

Article 9E+W+S+N.I.

The Contracting States recognize that any State which becomes a member of the European Economic Community, and to which Article 63 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters applies, must accept the provisions of this Protocol, subject to such adjustments as may be required.

Article 10E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the date of entry into force of this Protocol;

(c)any designation received pursuant to Article 4(3);

(d)[Deleted].

Article 11E+W+S+N.I.

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the texts of any provisions of their laws which necessitate an amendment to the list of courts in point 1 of Article 2.

Article 12E+W+S+N.I.

This Protocol is concluded for an unlimited period.

Article 13E+W+S+N.I.

Any Contracting State may request the revision of this Protocol. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

Article 14E+W+S+N.I.

This Protocol, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section 2(2).

[F3SCHEDULE 3E+W+S+N.I. TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

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Amendments (Textual)

F3Sch. 3 substituted (1.10.1991) by S.I. 1990/2591, art. 12(3), Sch. 3

TITLE VE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 34E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, with the amendments made by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, as between the six Contracting States to the 1968 Convention, judgments given after the date of entry into force of this Convention, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended.E+W+S+N.I.

3Moreover, as between the six Contracting States to the 1968 Convention and the three States mentioned in Article 1 of this Convention, and as between those three States, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall also be recognised and enforced in accordance with the provisions of Title III of the 1968 convention as amended if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.E+W+S+N.I.

Article 35E+W+S+N.I.

[Deleted]

Article 36E+W+S+N.I.

[Deleted]

TITLE VIE+W+S+N.I. FINAL PROVISIONS

Article 37E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention and of the 1971 Protocol in the Dutch, French, German and Italian languages to the Governments of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.

The texts of the 1968 Convention and the 1971 Protocol, drawn up in the Danish, English and Irish languages, shall be annexed to this Convention. The texts drawn up in the Danish, English and Irish languages shall be authentic under the same conditions as the orginal texts of the 1968 Convention and the 1971 Protocol.

Article 38E+W+S+N.I.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 39E+W+S+N.I.

This Convention shall enter into force, as between the States which shall have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the original Member States of the Community and one new Member State.

It shall enter into force for each new Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 40E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 41E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, all seven texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section2(2).

Schedule 1E+W+S+N.I. TEXT OF 1968 CONVENTION, AS AMENDED

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2(2).

SCHEDULE 3E+W+S+N.I. TEXT OF TITLES V AND VI OF ACCESSION CONVENTION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2(2)

[F6SCHEDULE 3AE+W+S+N.I.TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

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Amendments (Textual)

TITLE VE+W+S+N.I.Transitional provisions

Article 12E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.E+W+S+N.I.

TITLE VIE+W+S+N.I.Final Provisions

Article 13E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian languages to the Government of the Hellenic Republic.

The texts of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention, drawn up in the Greek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol and the 1978 Convention.

Article 14E+W+S+N.I.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 15E+W+S+N.I.

This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Hellenic Republic and those States which have put into force the 1978 Convention in accordance with Article 39 of that Convention.

It shall enter into force for each Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 16E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of:

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 17E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages, all eight texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section 2(2)

[F7SCHEDULE 3BE+W+S+N.I. TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION

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Amendments (Textual)

F7Sch. 3B inserted (1.10.1991) by S.I. 1990/2591, art. 12(4), Sch. 4

TITLE VIE+W+S+N.I.TRANSITIONAL PROVISIONS

Article 29E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.E+W+S+N.I.

TITLE VIIE+W+S+N.I.FINAL PROVISIONS

Article 30E+W+S+N.I.

1The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and of the Portuguese Republic.E+W+S+N.I.

2The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention, drawn up in the Portuguese and Spanish languages, are set out in Annexes II, III, IV and V to this Convention. The texts drawn up in the Portuguese and Spanish languages shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, the 1978 Convention and the 1982 Convention.E+W+S+N.I.

Article 31E+W+S+N.I.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 32E+W+S+N.I.

1This Convention shall enter into force on the first day of the third month following the date on which two signatory States, of which one is the Kingdom of Spain or the Portuguese Republic, deposit their instruments of ratification.E+W+S+N.I.

2This Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.E+W+S+N.I.

Article 33E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 34E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section 3A(2).

[F8Schedule 3CE+W+S+N.I. Text of the Lugano Convention

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Amendments (Textual)

Arrangement of ProvisionsE+W+S+N.I.

TITLE I. SCOPE (Article 1)

TI TLE II. JURISDICTION

Section 1. General provisions (Articles 2-4).

Section 2. Special jurisdiction (Articles 5-6A).

Section 3. Jurisdiction in matters relating to insurance (Articles 7-12A).

Section 4. Jurisdiction over consumer contracts (Articles 13-15).

Section 5. Exclusive jurisdiction (Article 16).

Section 6. Prorogation of jurisdiction (Articles 17-18).

Section 7. Examination as to jurisdiction and admissibility (Articles 19-20).

Section 8.Lis pendens-related actions (Articles 21-23).

Section 9. Provisional, including protective, measures (Article 24).

TITLE III. RECOGNITION AND ENFORCEMENT

Definition of “judgment” (Article 25).

Section 1. Recognition (Articles 26-30).

Section 2. Enforcement (Articles 31-45).

Section 3. Common provisions (Articles 46-49).

TITLE IV. AUTHENTIC INSTRUMENTS AND COURT

SETTLEMENTS (Articles 50-51)

TITLE V. GENERAL PROVISIONS (Articles 52-53)

TITLE VI. TRANSITIONAL PROVISIONS (Articles 54-54A)

TITLE VII. RELATIONSHIP TO THE BRUSSELS CONVENTION

AND TO OTHER CONVENTIONS (Articles 54B-59)

TITLE VIII. FINAL PROVISIONS (Articles 60-68)

PROTOCOL NO. 1—ON CERTAIN QUESTIONS OF JURISDICTION,

PROCEDURE AND ENFORCEMENT

PROTOCOL NO. 2—ON THE UNIFORM INTERPRETATION OF THE

CONVENTION

PROTOCOL NO. 3—ON THE APPLICATION OF ARTICLE 57

CONVENTIONE+W+S+N.I.

E+W+S+N.I. ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

PreambleE+W+S+N.I.

The High Contracting Parties to this Convention,

Anxious to strengthen in their territories the legal protection of persons therein established,

Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements,

Aware of the links between them, which have been sanctioned in the economic field by the free trade agreements concluded between the European Economic Community and the States members of the European Free Trade Association,

Taking into account the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Accession Conventions under the successive enlargements of the European Communities,

Persuaded that the extension of the principles of that Convention to the States parties to this instrument will strengthen legal and economic co-operation in Europe,

Desiring to ensure as uniform an interpretation as possible of this instrument,

Have in this spirit decided to conclude this Convention and

Have agreed as follows:

TITLE IE+W+S+N.I. SCOPE

Article 1E+W+S+N.I.

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to:

1. the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;

2. bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

3. social security;

4. arbitration.

TITLE IIE+W+S+N.I. JURISDICTION

Section 1E+W+S+N.I. General Provisions

Article 2E+W+S+N.I.

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3E+W+S+N.I.

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them:

— in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek),

— in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),

— in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

— in Greece: Article 40 of the code of civil procedure (Κωδικαsπολιτικηsδικονομιαs),

— in France: Articles 14 and 15 of the civil code (Code civil),

— in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,

— in Iceland: Article 77 of the Civil Proceedings Act (lög um meδferδ einkamála í héraδi),

— in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

— in Luxembourg: Articles 14 and 15 of the civil code (Code civil),

— in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),

— in Norway: Section 32 of the Civil Proceedings Act (tvistemålsloven),

— in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm),

— in Portugal: Articles 65(1)(c), 65(2) and 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

— in Switzerland: le for du lieu du séquestre/Gerichtsstand des Arrestortes/ foro del luogo del sequestro within the meaning of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz über das internationale Privatrecht/legge federale sul diritto internazionale privato,

— in Finland: the second, third and fourth sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken),

— in Sweden: the first sentence of Section 3 of Chapter 10 of the Code of Judicial Procedure (Rättegångsbalken),

— in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or

(b) the presence within the United Kingdom of property belonging to the defendant; or

(c) the seizure by the plaintiff of property situated in the United Kingdom.

Article 4E+W+S+N.I.

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.

Section 2E+W+S+N.I. Special Jurisdiction

Article 5E+W+S+N.I.

A person domiciled in a Contracting State may, in another Contracting State, be sued:

1in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, this place shall be the place of business through which he was engaged;E+W+S+N.I.

2in 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, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;E+W+S+N.I.

3in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;E+W+S+N.I.

4as 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 under its own law to entertain civil proceedings;E+W+S+N.I.

5as 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;E+W+S+N.I.

6in his capacity as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled;E+W+S+N.I.

7as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:E+W+S+N.I.

(a)has been arrested to secure such payment,

or

(b)could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6E+W+S+N.I.

A person domiciled in a Contracting State may also be sued:

1where he is one of a number of defendants, in the courts for the place where any one of them is domiciled;E+W+S+N.I.

2as 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;E+W+S+N.I.

3on 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;E+W+S+N.I.

4in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.E+W+S+N.I.

Article 6AE+W+S+N.I.

Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.

Section 3E+W+S+N.I. Jurisdiction in Matters Relating to Insurance

Article 7E+W+S+N.I.

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5).

Article 8E+W+S+N.I.

An insurer domiciled in a Contracting State may be sued:

1in the courts of the State where he is domiciled; orE+W+S+N.I.

2in another Contracting State, in the courts for the place where the policy-holder is domiciled; orE+W+S+N.I.

3if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.E+W+S+N.I.

An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9E+W+S+N.I.

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10E+W+S+N.I.

In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11E+W+S+N.I.

Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement on jurisdiction:

1which is entered into after the dispute has arisen; orE+W+S+N.I.

2which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; orE+W+S+N.I.

3which is concluded between a policy-holder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of the State; orE+W+S+N.I.

4which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State; orE+W+S+N.I.

5which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12A.E+W+S+N.I.

Article 12AE+W+S+N.I.

The following are the risks referred to in Article 12(5):

1any loss of or damage to:E+W+S+N.I.

(a)sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;

(b)goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft;

2any liability, other than for bodily injury to passengers or loss of or damage to their baggage;E+W+S+N.I.

(a)arising out of the use or operation of ships, installations or aircraft as referred to in (1)(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

(b)for loss or damage caused by goods in transit as described in (1)(b) above;

3any financial loss connected with the use or operation of ships, installations or aircraft as referred to in (1)(a) above, in particular loss of freight or charter-hire;E+W+S+N.I.

4any risk or interest connected with any of those referred to in (1) to (3) above.E+W+S+N.I.

Section 4E+W+S+N.I. Jurisdiction Over Consumer Contracts

Article 13E+W+S+N.I.

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”, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5), if it is:

1a contract for the sale of goods on instalment credit terms; orE+W+S+N.I.

2a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; orE+W+S+N.I.

3any other contract for the supply of goods or a contract for the supply of services, andE+W+S+N.I.

(a)in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and

(b)the consumer took in that State the steps necessary for the conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Article 14E+W+S+N.I.

A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled.

These provisions shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 15E+W+S+N.I.

The provisions of this Section may be departed from only by an agreement:

1which is entered into after the dispute has arisen; orE+W+S+N.I.

2which allows the consumer to bring proceedings in courts other than those indicated in this Section; orE+W+S+N.I.

3which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.E+W+S+N.I.

Section 5E+W+S+N.I. Exclusive Jurisdiction

Article 16E+W+S+N.I.

The following courts shall have exclusive jurisdiction, regardless of domicile:

(a)in proceedings which have as their object rightsin rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;

(b)however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and neither party is domiciled in the Contracting State in which the property is situated;

2in 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, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;E+W+S+N.I.

3in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;E+W+S+N.I.

4in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place;E+W+S+N.I.

5in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.E+W+S+N.I.

Section 6E+W+S+N.I. Prorogation of Jurisdiction

Article 17E+W+S+N.I.

1If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either:E+W+S+N.I.

(a)in writing or evidenced in writing, or

(b)in a form which accords with practices which the parties have established between themselves, or

(c)in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

2The court or courts of a Contracting State 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.E+W+S+N.I.

3Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.E+W+S+N.I.

4If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.E+W+S+N.I.

5In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen.E+W+S+N.I.

Article 18E+W+S+N.I.

Apart from jurisdiction derived from other provisions of this Convention, a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7E+W+S+N.I. Examination as to Jurisdiction and Admissibility

Article 19E+W+S+N.I.

Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20E+W+S+N.I.

Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Convention.

The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the document instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

Section 8E+W+S+N.I.LIS PENDENS— Related Actions

Article 21E+W+S+N.I.

Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Contracting States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22E+W+S+N.I.

Where related actions are brought in the courts of different Contracting States, any court other than the court first seised may, while the actions are pending at first instance, stay its proceedings.

A court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the law of that court permits the consolidation of related actions and the court first seised has jurisdiction over both actions.

For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

Article 23E+W+S+N.I.

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

Section 9E+W+S+N.I. Provisional, Including Protective, Measures

Article 24E+W+S+N.I.

Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE IIIE+W+S+N.I. RECOGNITION AND ENFORCEMENT

Article 25E+W+S+N.I.

For the purposes of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

Section 1E+W+S+N.I. Recognition

Article 26E+W+S+N.I.

A judgment given in a Contracting State shall be recognised in the other Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognised.

If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27E+W+S+N.I.

A judgment shall not be recognised:

1if such recognition is contrary to public policy in the State in which recognition is sought;E+W+S+N.I.

2where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence;E+W+S+N.I.

3if the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought;E+W+S+N.I.

4if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;E+W+S+N.I.

5if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the State addressed.E+W+S+N.I.

Article 28E+W+S+N.I.

Moreover, a judgment shall not be recognised if it conflicts with the provisions of Section 3, 4 or 5 of Title II or in a case provided for in Article 59.

A judgment may furthermore be refused recognition in any case provided for in Article 54B(3) or 57(4).

In its examination of the grounds of jurisdiction referred to in the foregoing paragraphs, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

Subject to the provisions of the first and second paragraphs, the jurisdiction of the court of the State of origin may not be reviewed; the test of public policy referred to in Article 27(1) may not be applied to the rules relating to jurisdiction.

Article 29E+W+S+N.I.

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30E+W+S+N.I.

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin by reason of an appeal.

Section 2E+W+S+N.I. Enforcement

Article 31E+W+S+N.I.

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32E+W+S+N.I.

1The application shall be submitted:E+W+S+N.I.

  • — in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

  • — in Denmark, to the byret,

  • — in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

  • — in Greece, to the μονομελέsπρωτοδικεíο,

  • — in Spain, to the Juzgado de Primera Instancia,

  • — in France, to the presiding judge of the tribunal de grande instance,

  • — in Ireland, to the High Court,

  • — in Iceland, to the héraδsdómari,

  • — in Italy, to the corte d’appello,

  • — in Luxembourg, to the presiding judge of the tribunal d’arrondissement,

  • — in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

  • — in Norway, to the herredsrett or byrett as namsrett,

  • — in Austria, to the Landesgericht or the Kreisgericht,

  • — in Portugal, to the Tribunal Judicial de Cigrculo,

  • — in Switzerland:

    (a)

    in respect of judgments ordering the payment of a sum of money, to the juge de la mainlevée/Rechtsöffnungsrichter/giudice competente a pronunciare sul rigetto dell’opposizione, within the framework of the procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz über Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento;

    (b)

    in respect of judgments ordering a performance other than the payment of a sum of money, to the juge cantonal d’exequatur compétent/zuständiger kantonaler Vollstreckungsrichter/giudice cantonale competente a pronunciare l’exequatur,

  • — in Finland, to the ulosotonhaltija/överexekutor,

  • — in Sweden, to the Svea hovrätt,

  • — in the United Kingdom:

    (a)

    in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State;

    (b)

    in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;

    (c)

    in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.

2The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.E+W+S+N.I.

Article 33E+W+S+N.I.

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representativead litem.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34E+W+S+N.I.

The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

The application may be refused only for one of the reasons specified in Articles 27 and 28.

Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35E+W+S+N.I.

The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36E+W+S+N.I.

If enforcement is authorised, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorising enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37E+W+S+N.I.

1An appeal against the decision authorising enforcement shall be lodged in accordance with the rules governing procedure in contentious matters:E+W+S+N.I.

  • — in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,

  • — in Denmark, with the landsret,

  • — in the Federal Republic of Germany, with the Oberlandesgericht,

  • — in Greece, with the έωερειο

  • — in Spain, with the Audiencia Provincial,

  • — in France, with the cour d’appel,

  • — in Ireland, with the High Court,

  • — in Iceland, with the héraδsdómari,

  • — in Italy, with the corte d’appello,

  • — in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,

  • — in the Netherlands, with the arrondissementsrechtbank,

  • — in Norway, with the lagmannsrett,

  • — in Austria, with the Landesgericht or the Kreisgericht,

  • — in Portugal, with the Tribunal da Relação,

  • — in Switzerland, with the tribunal cantonal/Kantonsgericht/tribunale cantonale,

  • — in Finland, with the hovioikeus/hovrätt,

  • — in Sweden, with the Svea hovrätt,

  • — in the United Kingdom:

    (a)

    in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;

    (b)

    in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;

    (c)

    in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.

2The judgment given on the appeal may be contested only:E+W+S+N.I.

  • — in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

  • — in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

  • — in the Federal Republic of Germany, by a Rechtsbeschwerde,

  • — in Ireland, by an appeal on a point of law to the Supreme Court,

  • — in Iceland, by an appeal to the Hæstiréttur,

  • — in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts Kjæremålsutvalg or Hoyesterett,

  • — in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a Revision,

  • — in Portugal, by an appeal on a point of law,

  • — in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,

  • — in Finland, by an appeal to the korkein oikeus/högsta domstolen,

  • — in Sweden, by an appeal to the högsta domstolen,

  • — in the United Kingdom, by a single further appeal on a point of law.

Article 38E+W+S+N.I.

The court with which the appeal under the first paragraph of Article 37 is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39E+W+S+N.I.

During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to proceed to any such protective measures.

Article 40E+W+S+N.I.

1If the application for enforcement is refused, the applicant may appeal:E+W+S+N.I.

  • — in Belgium, to the cour d’appel or hof van beroep,

  • — in Denmark, to the landsret,

  • — in the Federal Republic of Germany, to the Oberlandesgericht,

  • — in Greece, to the έωετειο,

  • — in Spain, to the Audiencia Provincial,

  • — in France, to the cour d’appel,

  • — in Ireland, to the High Court,

  • — in Iceland, to the héraδsdómari,

  • — in Italy, to the corte d’appello,

  • — in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

  • — in the Netherlands, to the gerechtshof,

  • — in Norway, to the lagmannsrett,

  • — in Austria, to the Landesgericht or the Kreisgericht,

  • — in Portugal, to the Tribunal da Relação,

  • — in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale cantonale,

  • — in Finland, to the hovioikeus/hovrätt,

  • — in Sweden, to the Svea hovrätt,

  • — in the United Kingdom:

    (a)

    in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;

    (b)

    in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;

    (c)

    in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.E+W+S+N.I.

Article 41E+W+S+N.I.

A judgment given on an appeal provided for in Article 40 may be contested only:

  • — in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

  • — in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

  • — in the Federal Republic of Germany, by a Rechtsbeschwerde,

  • — in Ireland, by an appeal on a point of law to the Supreme Court,

  • — in Iceland, by an appeal to the Hæstiréttur,

  • — in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts kjæremålsutvalg or Hoyesterett,

  • — in Austria, by a Revisionsrekurs,

  • — in Portugal, by an appeal on a point of law,

  • — in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,

  • — in Finland, by an appeal to the korkein oikeus/högsta domstolen,

  • — in Sweden, by an appeal to the högsta domstolen,

  • — in the United Kingdom, by a single further appeal on a point of law.

Article 42E+W+S+N.I.

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorised for all of them, the court shall authorise enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43E+W+S+N.I.

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44E+W+S+N.I.

An applicant who, in the State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed.

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark or in Iceland in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from, respectively, the Danish Ministry of Justice or the Icelandic Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45E+W+S+N.I.

No security, bond or deposit, however described, shall be required of a party who in one Contracting State applies for enforcement of a judgment given in another Contracting State on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

Section 3E+W+S+N.I. Common Provisions

Article 46E+W+S+N.I.

A party seeking recognition or applying for enforcement of a judgment shall produce:

1a copy of the judgment which satisfies the conditions necessary to establish its authenticity;E+W+S+N.I.

2in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.E+W+S+N.I.

Article 47E+W+S+N.I.

A party applying for enforcement shall also produce:

1documents which establish that, according to the law of the State of origin, the judgment is enforceable and has been served;E+W+S+N.I.

2where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.E+W+S+N.I.

Article 48E+W+S+N.I.

If the documents specified in Article 46(2) and Article 47(2) are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translation shall be certified by a person qualified to do so in one of the Contracting States.

Article 49E+W+S+N.I.

No legalisation or other similar formality shall be required in respect of the documents referred to in Article 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representativead litem.

TITLE IVE+W+S+N.I. AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50E+W+S+N.I.

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 31et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

The provisions of Section 3 of Title III shall apply as appropriate.

Article 51E+W+S+N.I.

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.

TITLE VE+W+S+N.I. GENERAL PROVISIONS

Article 52E+W+S+N.I.

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Modifications etc. (not altering text)

C2Sch. 3C art. 52 applied (10.6.2002) by S.S.I. 2002/133, Sch. 1 Ch. 8 rule 8.3(3)(b)

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

Article 53E+W+S+N.I.

For the purposes of this Convention, the seat of a company or other legal person or association of natural or legal persons shall be treated as its domicile. However, in order to determine that seat, the court shall apply its rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VIE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 54E+W+S+N.I.

The provisions of this Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

If the parties to a dispute concerning a contract had agreed in writing before the entry into force of this Convention that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54AE+W+S+N.I.

For a period of three years from the entry into force of this Convention for Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden, respectively, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 7 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of these States, these provisions shall cease to have effect for that State.

1A person who is domiciled in a Contracting State may be sued in the courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either:E+W+S+N.I.

(a)the claimant is domiciled in the latter State; or

(b)the claim arose in the latter State; or

(c)the claim concerns the voyage during which the arrest was made or could have been made; or

(d)the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations; or

(e)the claim is for salvage; or

(f)the claim is in respect of a mortgage or hypothecation of the ship arrested.

2A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in 5.(o), (p) or (q) of this Article.E+W+S+N.I.

3Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.E+W+S+N.I.

4When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.E+W+S+N.I.

5The expression “maritime claim” means a claim arising out of one or more of the following:E+W+S+N.I.

(a)damage caused by any ship either in collision or otherwise;

(b)loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;

(c)salvage;

(d)agreement relating to the use or hire of any ship whether by charterparty or otherwise;

(e)agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

(f)loss of or damage to goods including baggage carried in any ship;

(g)general average;

(h)bottomry;

(i)towage;

(j)pilotage;

(k)goods or materials wherever supplied to a ship for her operation or maintenance;

(l)construction, repair or equipment of any ship or dock charges and dues;

(m)wages of masters, officers or crew;

(n)master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

(o)dispute as to the title to or ownership of any ship;

(p)disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

(q)the mortgage or hypothecation of any ship.

6In Denmark, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “forbud”, where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).E+W+S+N.I.

7In Iceland, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “loigbann”, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (loig um kyrrsetningu og lögbann).E+W+S+N.I.

TITLE VIIE+W+S+N.I. RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS

Article 54BE+W+S+N.I.

1This Convention shall not prejudice the application by the Member States of the European Communities of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Brussels on 27 September 1968 and of the Protocol on interpretation of that Convention by the Court of Justice, signed at Luxembourg on 3 June 1971, as amended by the Conventions of Accession to the said Convention and the said Protocol by the States acceding to the European Communities, all of these Conventions and the Protocol being hereinafter referred to as the “Brussels Convention”.E+W+S+N.I.

2However, this Convention shall in any event be applied:E+W+S+N.I.

(a)in matters of jurisdiction, where the defendant is domiciled in the territory of a Contracting State which is not a member of the European Communities, or where Article 16 or 17 of this Convention confers a jurisdiction on the courts of such a Contracting State;

(b)in relation to alis pendens or to related actions as provided for in Articles 21 and 22, when proceedings are instituted in a Contracting State which is not a member of the European Communities and in a Contracting State which is a member of the European Communities;

(c)in matters of recognition and enforcement, where either the State of origin or the State addressed is not a member of the European Communities.

3In addition to the grounds provided for in Title III recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a Contracting State which is not a member of the European Communities, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.E+W+S+N.I.

Article 55E+W+S+N.I.

Subject to the provisions of the second paragraph of Article 54 and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them:

— the Convention between the Swiss Confederation and France on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15 June 1869,

— the Treaty between the Swiss Confederation and Spain on the mutual enforcement of judgments in civil or commercial matters, signed at Madrid on 19 November 1896,

— the Convention between the Swiss Confederation and the German Reich on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 2 November 1929,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments, signed at Copenhagen on 16 March 1932,

— the Convention between the Swiss Confederation and Italy on the recognition and enforcement of judgments, signed at Rome on 3 January 1933,

— the Convention between Sweden and the Swiss Confederation on the recognition and enforcement of judgments and arbitral awards, signed at Stockholm on 15 January 1936,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments relating to maintenance obligations, signed at Vienna on 25 October 1957,

— the Convention between the Swiss Confederation and Belgium on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 29 April 1959,

— the Convention between the Federal Republic of Germany and Austria on the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed at Vienna on 6 June 1959,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments, arbitral awards and authentic instruments in civil and commercial matters, signed at Vienna on 16 June 1959,

— the Convention between Austria and the Swiss Confederation on the recognition and enforcement of judgments, signed at Berne on 16 December 1960,

— the Convention between Norway and the United Kingdom providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at London on 12 June 1961,

— the Convention between the United Kingdom and Austria providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Vienna on 14 July 1961, with amending Protocol signed at London on 6 March 1970,

— the Convention between the Kingdom of the Netherlands and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at The Hague on 6 February 1963,

— the Convention between France and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Vienna on 15 July 1966,

— the Convention between Luxembourg and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Luxembourg on 29 July 1971,

— the Convention between Italy and Austria on the recognition and enforcement of judgments in civil and commercial matters, of judicial settlements and of authentic instruments, signed at Rome on 16 November 1971,

— the Convention between Norway and the Federal Republic of Germany on the recognition and enforcement of judgments and enforceable documents, in civil and commercial matters, signed at Oslo on 17 June 1977,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977,

— the Convention between Austria and Sweden on the recognition and enforcement of judgments in civil matters, signed at Stockholm on 16 September 1982,

— the Convention between Austria and Spain on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Vienna on 17 February 1984,

— the Convention between Norway and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 21 May 1984, and

— the Convention between Finland and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 17 November 1986.

Article 56E+W+S+N.I.

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Convention.

Article 57E+W+S+N.I.

1This Convention shall not affect any conventions to which the Contracting States are or will be parties and which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.E+W+S+N.I.

2This Convention shall not prevent a court of a Contracting State which is party to a convention referred to in the first paragraph from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a Contracting State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.E+W+S+N.I.

3Judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention referred to in the first paragraph shall be recognised and enforced in the other Contracting States in accordance with Title III of this Convention.E+W+S+N.I.

4In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not a contracting party to a convention referred to in the first paragraph and the person against whom recognition or enforcement is sought is domiciled in that State, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.E+W+S+N.I.

5Where a convention referred to in the first paragraph to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures for recognition and enforcement of judgments may be applied.E+W+S+N.I.

Article 58E+W+S+N.I.

(None)E+W+S+N.I.

Article 59E+W+S+N.I.

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recognise judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognise a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there:

1. if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2. if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIIIE+W+S+N.I. FINAL PROVISIONS

Article 60E+W+S+N.I.

The following may be parties to this Convention:

(a)States which, at the time of the opening of this Convention for signature, are members of the European Communities or of the European Free Trade Association;

(b)States which, after the opening of this Convention for signature, become members of the European Communities or of the European Free Trade Association;

(c)States invited to accede in accordance with Article 62(1)(b).

Article 61E+W+S+N.I.

1This Convention shall be opened for signature by the States members of the European Communities or of the European Free Trade Association.E+W+S+N.I.

2The Convention shall be submitted for ratification by the signatory States. The instruments of ratification shall be deposited with the Swiss Federal Council.E+W+S+N.I.

3The Convention shall enter into force on the first day of the third month following the date on which two States, of which one is a member of the European Communities and the other a member of the European Free Trade Association, deposit their instruments of ratification.E+W+S+N.I.

4The Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.E+W+S+N.I.

Article 62E+W+S+N.I.

1After entering into force this Convention shall be open to accession by:E+W+S+N.I.

(a)the States referred to in Article 60(b);

(b)other States which have been invited to accede upon a request made by one of the Contracting States to the depositary State. The depositary State shall invite the State concerned to accede only if, after having communicated the contents of the communications that this State intends to make in accordance with Article 63, it has obtained the unanimous agreement of the signatory States and the Contracting States referred to in Article 60(a) and (b).

2If an acceding State wishes to furnish details for the purposes of Protocol No. 1, negotiations shall be entered into to that end. A negotiating conference shall be convened by the Swiss Federal Council.E+W+S+N.I.

3In respect of an acceding State, the Convention shall take effect on the first day of the third month following the deposit of its instrument of accession.E+W+S+N.I.

4However, in respect of an acceding State referred to in paragraph 1(a) or (b), the Convention shall take effect only in relations between the acceding State and the Contracting States which have not made any objections to the accession before the first day of the third month following the deposit of the instrument of accession.E+W+S+N.I.

Article 63E+W+S+N.I.

Each acceding State shall, when depositing its instrument of accession, communicate the information required for the application of Articles 3, 32, 37, 40, 41 and 55 of this Convention and furnish, if need be, the details prescribed during the negotiations for the purposes of Protocol No. 1.

Article 64E+W+S+N.I.

1This Convention is concluded for an initial period of five years from the date of its entry into force in accordance with Article 61(3), even in the case of States which ratify it or accede to it after that date.E+W+S+N.I.

2At the end of the initial five-year period, the Convention shall be automatically renewed from year to year.E+W+S+N.I.

3Upon the expiry of the initial five-year period, any Contracting State may, at any time, denounce the Convention by sending a notification to the Swiss Federal Council.E+W+S+N.I.

4The denunciation shall take effect at the end of the calendar year following the expiry of a period of six months from the date of receipt by the Swiss Federal Council of the notification of denunciation.E+W+S+N.I.

Article 65E+W+S+N.I.

The following are annexed to this Convention:

  • — a Protocol No. 1, on certain questions of jurisdiction, procedure and enforcement,

  • — a Protocol No. 2, on the uniform interpretation of the Convention,

  • — a Protocol No. 3, on the application of Article 57.

    These Protocols shall form an integral part of the Convention.

Article 66E+W+S+N.I.

Any Contracting State may request the revision of this Convention. To that end, the Swiss Federal Council shall issue invitations to a revision conference within a period of six months from the date of the request for revision.

Article 67E+W+S+N.I.

The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of:

(a)the deposit of each instrument of ratification or accession;

(b)the dates of entry into force of this Convention in respect of the Contracting States;

(c)any denunciation received pursuant to Article 64;

(d)any declaration received pursuant to Article Ia of Protocol No. 1;

(e)any declaration received pursuant to Article Ib of Protocol No. 1;

(f)any declaration received pursuant to Article IV of Protocol No. 1;

(g)any communication made pursuant to Article VI of Protocol No. 1.

Article 68E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, all fourteen texts being equally authentic, shall be deposited in the archives of the Swiss Federal Council. The Swiss Federal Council shall transmit a certified copy to the Government of each State represented at the Diplomatic Conference of Lugano and to the Government of each acceding State.

Protocol No. 1E+W+S+N.I. ON CERTAIN QUESTIONS OF JURISDICTION, PROCEDURE AND ENFORCEMENT

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention:

Article IE+W+S+N.I.

Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article IaE+W+S+N.I.

1Switzerland reserves the right to declare, at the time of depositing its instrument of ratification, that a judgment given in another Contracting State shall be neither recognised nor enforced in Switzerland if the following conditions are met:E+W+S+N.I.

(a)the jurisdiction of the court which has given the judgment is based only on Article 5(1) of this Convention; and

(b)the defendant was domiciled in Switzerland at the time of the introduction of the proceedings; for the purposes of this Article, a company or other legal person is considered to be domiciled in Switzerland if it has its registered seat and the effective centre of activities in Switzerland; and

(c)the defendant raises an objection to the recognition or enforcement of the judgment in Switzerland, provided that he has not waived the benefit of the declaration foreseen under this paragraph.

2This reservation shall not apply to the extent that at the time recognition or enforcement is sought a derogation has been granted from Article 59 of the Swiss Federal Constitution. The Swiss Government shall communicate such derogations to the signatory States and the acceding States.E+W+S+N.I.

3This reservation shall cease to have effect on 31 December 1999. It may be withdrawn at any time.E+W+S+N.I.

Article IbE+W+S+N.I.

Any Contracting State may, by declaration made at the time of signing or of deposit of its instrument of ratification or of accession, reserve the right, notwithstanding the provisions of Article 28, not to recognise and enforce judgments given in the other Contracting States if the jurisdiction of the court of the State of origin is based, pursuant to Article 16(1)(b), exclusively on the domicile of the defendant in the State of origin, and the property is situated in the territory of the State which entered the reservation.

Article IIE+W+S+N.I.

Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.

However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Contracting States.

Article IIIE+W+S+N.I.

In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IVE+W+S+N.I.

Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to the Swiss Federal Council, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article VE+W+S+N.I.

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany, in Spain, in Austria and in Switzerland. Any person domiciled in another Contracting State may be sued in the courts:

— of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Spain, pursuant to Article 1482 of the civil code,

— of Austria, pursuant to Article 21 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Switzerland, pursuant to the appropriate provisions concerning third-party notices of the cantonal codes of civil procedure.

Judgments given in the other Contracting States by virtue of Article 6(2) or Article 10 shall be recognised and enforced in the Federal Republic of Germany, in Spain, in Austria and in Switzerland in accordance with Title III. Any effects which judgments given in these States may have on third parties by application of the provisions in the preceding paragraph shall also be recognised in the other Contracting States.

Article VaE+W+S+N.I.

In matters relating to maintenance, the expression “court” includes the Danish, Icelandic and Norwegian administrative authorities.

In civil and commercial matters, the expression “court” includes the Finnish ulosotonhaltija/överexekutor.

Article VbE+W+S+N.I.

In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland, in Iceland, in Norway, in Portugal or in Sweden concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article VcE+W+S+N.I.
(None)E+W+S+N.I.
Article VdE+W+S+N.I.

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5 October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provision of Article 86 of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975.

Article VIE+W+S+N.I.

The Contracting States shall communicate to the Swiss Federal Council the text of any provisions of their laws which amend either those provisions of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III.

Protocol No. 2E+W+S+N.I. ON THE UNIFORM INTERPRETATION OF THE CONVENTION

PreambleE+W+S+N.I.

The High Contracting Parties,

Having regard to Article 65 of this Convention,

Considering the substantial link between this Convention and the Brussels Convention,

Considering that the Court of Justice of the European Communities by virtue of the Protocol of 3 June 1971 has jurisdiction to give rulings on the interpretation of the provisions of the Brussels Convention,

Being aware of the rulings delivered by the Court of Justice of the European Communities on the interpretation of the Brussels Convention up to the time of signature of this Convention,

Considering that the negotiations which led to the conclusion of the Convention were based on the Brussels Convention in the light of these rulings,

Desiring to prevent, in full deference to the independence of the courts, divergent interpretations and to arrive at as uniform an interpretation as possible of the provisions of the Convention, and of these provisions and those of the Brussels Convention which are substantially reproduced in this Convention,

Have agreed as follows:

Article 1E+W+S+N.I.

The courts of each Contracting State shall, when applying and interpreting the provisions of the Convention, pay due account to the principles laid down by any relevant decision delivered by courts of the other Contracting States concerning provisions of this Convention.

Article 2E+W+S+N.I.

1The Contracting Parties agree to set up a system of exchange of information concerning judgments delivered pursuant to this Convention as well as relevant judgments under the Brussels Convention. This system shall comprise:E+W+S+N.I.

  • — transmission to a central body by the competent authorities of judgments delivered by courts of last instance and the Court of Justice of the European Communities as well as judgments of particular importance which have become final and have been delivered pursuant to this Convention or the Brussels Convention,

  • — classification of these judgments by the central body including, as far as necessary, the drawing-up and publication of translations and abstracts,

  • — communication by the central body of the relevant documents to the competent national authorities of all signatories and acceding States to the Convention and to the Commission of the European Communities.

2The central body is the Registrar of the Court of Justice of the European Communities.E+W+S+N.I.

Article 3E+W+S+N.I.

1A Standing Committee shall be set up for the purposes of this Protocol.E+W+S+N.I.

2The Committee shall be composed of representatives appointed by each signatory and acceding State.E+W+S+N.I.

3The European Communities (Commission, Court of Justice and General Secretariat of the Council) and the European Free Trade Association may attend the meetings as observers.E+W+S+N.I.

Article 4E+W+S+N.I.

1At the request of a Contracting Party, the depositary of the Convention shall convene meetings of the Committee for the purpose of exchanging views on the functioning of the Convention and in particular on:E+W+S+N.I.

  • — the development of the case-law as communicated under the first paragraph first indent of Article 2,

  • — the application of Article 57 of the Convention.

2The Committee, in the light of these exchanges, may also examine the appropriateness of starting on particular topics a revision of the Convention and make recommendations.E+W+S+N.I.

Protocol No. 3E+W+S+N.I. ON THE APPLICATION OF ARTICLE 57

The High Contracting Parties have agreed as follows:

1For the purposes of the Convention, provisions which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are, or will be, contained in acts of the institutions of the European Communities shall be treated in the same way as the conventions referred to in paragraph 1 of Article 57.E+W+S+N.I.

2If one Contracting State is of the opinion that a provision contained in an act of the institutions of the European Communities is incompatible with the Convention, the Contracting States shall promptly consider amending the Convention pursuant to Article 66, without prejudice to the procedure established by Protocol No. 2.]E+W+S+N.I.

[F9SCHEDULE 4E+W+S+N.I. CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

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Amendments (Textual)

F9Sch. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

GeneralE+W+S+N.I.

F101Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F10Sch. 4 para. 1 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F112Persons domiciled in a part of the United Kingdom may be sued in the courts of another part of the United Kingdom only by virtue of rules 3 to 13 of this Schedule.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11Sch. 4 para. 2 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Special jurisdictionE+W+S+N.I.

F123A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—E+W+S+N.I.

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

(b)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, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;

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

(d)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 under its own law to entertain civil proceedings;

(e)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;

(f)as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the part of the United Kingdom in which the trust is domiciled;

(g)as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question—

(i)has been arrested to secure such payment; or

(ii)could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;

(h)in proceedings—

(i)concerning a debt secured on immovable property; or

(ii)which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,

in the courts of the part of the United Kingdom in which the property is situated.

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Amendments (Textual)

F12Sch. 4 para. 3 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F134Proceedings 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 may, without prejudice to the other provisions of this Schedule, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.E+W+S+N.I.

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Amendments (Textual)

F13Sch. 4 para. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F145A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—E+W+S+N.I.

(a)where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(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 counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

(d)in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the part of the United Kingdom in which the property is situated.

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Amendments (Textual)

F14Sch. 4 para. 5 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F156Where by virtue of this Schedule a court of a part of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that part, shall also have jurisdiction over claims for limitation of such liability.E+W+S+N.I.

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Amendments (Textual)

F15Sch. 4 para. 6 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Jurisdiction over consumer contractsE+W+S+N.I.

F167(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, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if—E+W+S+N.I.

(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 the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, 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, or to a contract of insurance.

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Amendments (Textual)

F16Sch. 4 para. 7 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F178(1)A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.E+W+S+N.I.

(2)Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

(3)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

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Amendments (Textual)

F17Sch. 4 para. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F189The provisions of rules 7 and 8 may be departed from only by an agreement—E+W+S+N.I.

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

(b)which allows the consumer to bring proceedings in courts other than those indicated in those rules; or

(c)which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part.

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Amendments (Textual)

F18Sch. 4 para. 9 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Jurisdiction over individual contracts of employmentE+W+S+N.I.

F1910(1)In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 3(e).E+W+S+N.I.

(2)An employer may be sued—

(a)in the courts of the part of the United Kingdom in which he is domiciled; or

(b)in the courts of the part of the United Kingdom where the employee habitually carries out his work or in the courts of that part where he last did so; or

(c)if the employee does not or did not habitually carry out his work in any one place, in the courts of the part of the United Kingdom where the business which engaged the employee is or was situated.

(3)An employer may bring proceedings only in the courts of the part of the United Kingdom in which the employee is domiciled.

(4)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

(5)The provisions of this rule may be departed from only by an agreement on jurisdiction—

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

(b)which allows the employee to bring proceedings in courts other than those indicated in this rule.

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Amendments (Textual)

F19Sch. 4 para. 10 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Exclusive jurisdictionE+W+S+N.I.

F2011The following courts shall have exclusive jurisdiction, regardless of domicile :—E+W+S+N.I.

(a)

(i)in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated;

(ii)however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same part of the United Kingdom;

(b)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 of the part of the United Kingdom in which 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 of the part of the United Kingdom in which the register is kept;

(d)in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdom in which the judgment has been or is to be enforced.

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Amendments (Textual)

F20Sch. 4 para. 11 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Prorogation of jurisdictionE+W+S+N.I.

F2112(1)If the parties have agreed that a court or the courts of a part of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have jurisdiction.E+W+S+N.I.

(2)The court or courts of a part of the United Kingdom on which a trust instrument has conferred jurisdiction shall have 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.

(3)Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of rule 9, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11.

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Amendments (Textual)

F21Sch. 4 para. 12 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2213(1)Apart from jurisdiction derived from other provisions of this Schedule, a court of a part of the United Kingdom before which a defendant enters an appearance shall have jurisdiction.E+W+S+N.I.

(2)This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 11.

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Amendments (Textual)

F22Sch. 4 para. 13 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Examination as to jurisdiction and admissibilityE+W+S+N.I.

F2314Where a court of a part of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of another part of the United Kingdom have exclusive jurisdiction by virtue of rule 11, it shall declare of its own motion that it has no jurisdiction.E+W+S+N.I.

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Amendments (Textual)

F23Sch. 4 para. 14 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2415(1)Where a defendant domiciled in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Schedule.E+W+S+N.I.

(2)The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

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Amendments (Textual)

F24Sch. 4 para. 15 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Provisional, including protective, measuresE+W+S+N.I.

F2516Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, under this Schedule, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.]E+W+S+N.I.

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Amendments (Textual)

F25Sch. 4 para. 16 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Section 17.

SCHEDULE 5E+W+S+N.I. PROCEEDINGS EXCLUDED FROM SECTION 4

Proceedings under the Companies ActsE+W+S+N.I.

1Proceedings for the winding up of a company under the [F26Insolvency Act 1986] or the [F27 Insolvency (Northern Ireland) Order 1989], or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.E+W+S+N.I.

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Amendments (Textual)

F27Sch. 5: words in para. 1 substituted (1.10.1991) by S.I. 1989/2405, (N.I. 19) arts. 1(2), 381, Sch. 9 Pt. II para. 32; SR 1991/411, art.2

Patents, trade marks, designs and similar rightsE+W+S+N.I.

2Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.E+W+S+N.I.

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Modifications etc. (not altering text)

Protection of Trading Interests Act 1980E+W+S+N.I.

3Proceedings under section 6 of the M1Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).E+W+S+N.I.

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Marginal Citations

Appeals etc. from tribunalsE+W+S+N.I.

4Proceedings on appeal from, or for review of, decisions of tribunals.E+W+S+N.I.

Maintenance and similar payments to local and other public authoritiesE+W+S+N.I.

5Proceedings for, or otherwise relating to, an order under any of the following provisions—E+W+S+N.I.

(a)[F28paragraph 23 of Schedule 2 to the Children Act 1989], section 80 of the M2Social Work (Scotland) Act 1968 [F29section 156 of the Children and Young Persons Act (Northern Ireland) 1968 or Article 41 of the Children (Northern Ireland) Order 1995] (contributions in respect of children in care, etc.);

(b)section 49 or 50 of the Child Care Act 1980, section 81 of the Social Work (Scotland) Act 1968 or section 159 of the Children and Young Persons Act (Northern Ireland) 1968 (applications for, or for variation of, affiliation orders in respect of children in care, etc.);

(c)section 43 of the M3National Assistance Act 1948, section 18 of the M4Supplementary Benefits Act 1976 [F30section 24 of the Social Security Act 1986, [F31section 106 of the Social Security Administration Act 1992 or any enactment applying in Northern Ireland and corresponding to either of them,]], Article 101 of the M5Health and Personal Social Services (Northern Ireland) Order 1972 or Article 23 of the M6Supplementary Benefits (Northern Ireland) Order 1977 (recovery of cost of assistance or benefit from person liable to maintain the assisted person);

(d)section 44 of the National Assistance Act 1948, section 19 of the Supplementary Benefits Act 1976, [F30section 25 of the Social Security Act 1986 or any enactment applying in Northern Ireland and corresponding to it,] Article 102 of the Health and Personal Social Services (Northern Ireland) Order 1972 or Article 24 of the Supplementary Benefits (Northern Ireland) Order 1977 (applications for, or for variation of, affiliation orders in respect of children for whom assistance or benefit provided).

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Amendments (Textual)

F29Words in Sch. 5 para. 5(a) substituted (4.11.1996) by 1995/756, art. 10; S.R. 1996/297, art. 3

Marginal Citations

Proceedings under certain conventions, etc.E+W+S+N.I.

6Proceedings brought in any court in pursuance of—E+W+S+N.I.

(a)any statutory provision which, in the case of any convention to which Article 57 [F32, or Article 71 of the Regulation,] applies (conventions relating to specific matters which override the general rules F33 . . .), implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and

(b)any rule of law so far as it has the effect of implementing any such convention.

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Amendments (Textual)

F33Words in Sch. 5 para. 6(a) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 5(b)

Certain Admiralty proceedings in ScotlandE+W+S+N.I.

7Proceedings in Scotland in an Admiralty cause where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestmentin remorad fundandam jurisdictionem of a ship, cargo or freight.E+W+S+N.I.

Register of aircraft mortgagesE+W+S+N.I.

8Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.E+W+S+N.I.

Continental Shelf Act 1964E+W+S+N.I.

9Proceedings brought in any court in pursuance of an order under [F34section 11 of the Petroleum Act 1998].E+W+S+N.I.

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Amendments (Textual)

[F35 Financial Services Act 1986E+W+S+N.I.

10Proceedings such as are mentioned in [F36section 415 of the Financial Services and Markets Act 2000.]]E+W+S+N.I.

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Amendments (Textual)

Section 18.

SCHEDULE 6E+W+S+N.I. ENFORCEMENT OF U.K. JUDGMENTS (MONEY PROVISIONS)

PreliminaryE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;

  • money provision” means a provision for the payment of one or more sums of money;

  • prescribed” means prescribed by rules of court.

Certificates in respect of judgmentsE+W+S+N.I.

2(1)Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any money provisions contained in a judgment may apply for a certificate under this Schedule.E+W+S+N.I.

(2)The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

(a)in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

(b)in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

(c)in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

(d)in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

(e)in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—E+W+S+N.I.

(a)either—

(i)the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

(ii)such an appeal having been brought within that time, that appeal has been finally disposed of; and

(b)enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4(1)Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant a certificate in the prescribed form—E+W+S+N.I.

(a)stating the sum or aggregate of the sums (including any costs or expenses) payable under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;

(b)stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment; and

(c)containing such other particulars as may be prescribed.

(2)More than one certificate may be issued under this Schedule (simultaneously or at different times) in respect of the same judgment.

Registration of certificatesE+W+S+N.I.

5(1)Where a certificate has been issued under this Schedule in any part of the United Kingdom, any interested party may, within six months from the date of its issue, apply in the prescribed manner to the proper officer of the superior court in any other part of the United Kingdom for the certificate to be registered in that court.E+W+S+N.I.

(2)In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

(3)Where an application is duly made under this paragraph to the proper officer of a superior court, he shall register the certificate in that court in the prescribed manner.

General effect of registrationE+W+S+N.I.

6(1)A certificate registered under this Schedule shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the certificate had been a judgment originally given in the registering court and had (where relevant) been entered.E+W+S+N.I.

(2)Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and the conditions subject to which a certificate registered under this Schedule may be enforced.

Costs or expensesE+W+S+N.I.

7Where a certificate is registered under this Schedule, the reasonable costs or expenses of and incidental to the obtaining of the certificate and its registration shall be recoverable as if they were costs or expenses stated in the certificate to be payable under a money provision contained in the original judgment.E+W+S+N.I.

InterestE+W+S+N.I.

8(1)Subject to any provision made under sub-paragraph (2), the debt resulting, apart from paragraph 7, from the registration of the certificate shall carry interest at the rate, if any, stated in the certificate from the date or time so stated.E+W+S+N.I.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of sub-paragraph (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(3)All such sums as are recoverable by virtue of paragraph 7 carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the certificate.

(4)Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest.

Stay or sisting of enforcement in certain casesE+W+S+N.I.

9Where a certificate in respect of a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the certificate is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the certificate, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.E+W+S+N.I.

Cases in which registration of a certificate must or may be set asideE+W+S+N.I.

10Where a certificate has been registered under this Schedule, the registering court—E+W+S+N.I.

(a)shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

(b)may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment in question was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

Section 18.

SCHEDULE 7E+W+S+N.I. ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS)

PreliminaryE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;

  • non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money;

  • prescribed” means prescribed by rules of court.

Certified copies of judgmentsE+W+S+N.I.

2(1)Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any non-money provisions contained in a judgment may apply for a certified copy of the judgment.E+W+S+N.I.

(2)The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

(a)in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

(b)in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

(c)in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

(d)in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

(e)in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3A certified copy of a judgment shall not be issued under this Schedule unless under the law of the part of the United Kingdom in which the judgment was given—E+W+S+N.I.

(a)either—

(i)the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

(ii)such an appeal having been brought within that time, that appeal has been finally disposed of; and

(b)enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4(1)Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant—E+W+S+N.I.

(a)a certified copy of the judgment (including any money provisions or excepted provisions which it may contain); and

(b)a certificate stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment.

(2)In sub-paragraph (1)(a) “excepted provision” means any provision of a judgment which is excepted from the application of section 18 by subsection (5) of that section.

(3)There may be issued under this Schedule (simultaneously or at different times)—

(a)more than one certified copy of the same judgment; and

(b)more than one certificate in respect of the same judgment.

Registration of judgmentsE+W+S+N.I.

5(1)Where a certified copy of a judgment has been issued under this Schedule in any part of the United Kingdom, any interested party may apply in the prescribed manner to the superior court in any other part of the United Kingdom for the judgment to be registered in that court.E+W+S+N.I.

(2)In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

(3)An application under this paragraph for the registration of a judgment must be accompanied by—

(a)a certified copy of the judgment issued under this Schedule; and

(b)a certificate issued under paragraph 4(1)(b) in respect of the judgment not more than six months before the date of the application.

(4)Subject to sub-paragraph (5), where an application under this paragraph is duly made to a superior court, the court shall order the whole of the judgment as set out in the certified copy to be registered in that court in the prescribed manner.

(5)A judgment shall not be registered under this Schedule by the superior court in any part of the United Kingdom if compliance with the non-money provisions contained in the judgment would involve a breach of the law of that part of the United Kingdom.

General effect of registrationE+W+S+N.I.

6(1)The non-money provisions contained in a judgment registered under this Schedule shall, for the purposes of their enforcement, be of the same force and effect, the registering court shall have in relation to their enforcement the same powers, and proceedings for or with respect to their enforcement may be taken, as if the judgment containing them had been originally given in the registering court and had (where relevant) been entered.E+W+S+N.I.

(2)Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and conditions subject to which the non-money provisions contained in a judgment registered under this Schedule may be enforced.

Costs or expensesE+W+S+N.I.

7(1)Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to—E+W+S+N.I.

(a)the obtaining of the certified copy of the judgment and of the necessary certificate under paragraph 4(1)(b) in respect of it; and

(b)the registration of the judgment,

shall be recoverable as if on the date of registration there had also been registered in the registering court a certificate under Schedule 6 in respect of the judgment and as if those costs or expenses were costs or expenses stated in that certificate to be payable under a money provision contained in the judgment.

(2)All such sums as are recoverable by virtue of sub-paragraph (1) shall carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the judgment.

Stay or sisting of enforcement in certain casesE+W+S+N.I.

8Where a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the judgment is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the judgment, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.E+W+S+N.I.

Cases in which registered judgment must or may be set asideE+W+S+N.I.

9Where a judgment has been registered under this Schedule, the registering court—E+W+S+N.I.

(a)shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

(b)may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

[F37SCHEDULE 8E+W+S+N.I. RULES AS TO JURISDICTION IN SCOTLAND

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Amendments (Textual)

F37Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7

GeneralE+W+S+N.I.

F381Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.E+W+S+N.I.

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Amendments (Textual)

Special jurisdictionE+W+S+N.I.

F392Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction over individual contracts of employment), 5 (exclusive jurisdiction) and 6 (prorogation), a person may also be sued—E+W+S+N.I.

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

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

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

(d)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 the court has jurisdiction to entertain civil proceedings;

(e)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;

(f)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;

(g)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;

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

(i)any movable property belonging to him has been arrested; or

(ii)any immovable property in which he has any beneficial interest is situated;

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

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

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

(l)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;

(m)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;

(n)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;

(o)

(i)where he is one of a number of defenders, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(ii)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;

(iii)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;

(p)in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immovable property, in the courts for the place where the property is situated;

(q)as regards a claim for limitation of liability arising from the use or operation of a ship, in the court having jurisdiction in the action relating to such liability.

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Amendments (Textual)

Jurisdiction over consumer contractsE+W+S+N.I.

F403(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—E+W+S+N.I.

(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.

(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 courts other than those indicated in this rule; or

(c)which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Regulation State, and which confers jurisdiction on the courts of that Regulation State, provided that such an agreement is not contrary to the law of that Regulation State.

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Amendments (Textual)

Jurisdiction over individual contracts of employmentE+W+S+N.I.

F414(1)In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 2(f).E+W+S+N.I.

(2)An employer may be sued—

(a)in the courts for the place where he is domiciled; or

(b)in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so; or

(c)if the employee does not or did not habitually carry out his work in any one place, in the courts for the place where the business which engaged the employee is or was situated.

(3)An employer may bring proceedings only in the courts for the place in which the employee is domiciled.

(4)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

(5)The provisions of this rule may be departed from only by an agreement on jurisdiction—

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

(b)which allows the employee to bring proceedings in courts other than those indicated in this rule.

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Amendments (Textual)

Exclusive jurisdictionE+W+S+N.I.

F425(1)Notwithstanding anything contained in any of rules 1 to 4 above or 6 to 9 below but subject to paragraph (3) below, the following courts shall have exclusive jurisdiction:—E+W+S+N.I.

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

(b)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 judgments, the courts for the place where the judgment has been or is to be enforced.

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

(3)In proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts for the place in which the defender is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and tenant are domiciled in Scotland.

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Amendments (Textual)

Prorogation of jurisdictionE+W+S+N.I.

F436(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 jurisdiction.E+W+S+N.I.

(2)Such an agreement conferring jurisdiction shall be either—

(a)in writing or evidenced in writing; or

(b)in a form which accords with practices which the parties have established between themselves; or

(c)in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

(3)Any communication by electronic means which provides a durable record of the agreement shall be equivalent to “writing”.

(4)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.

(5)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, (4) above applies may be brought in any court in Scotland.

(6)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 5 or where rule 5(2) applies.

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Amendments (Textual)

F447(1)Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction.E+W+S+N.I.

(2)This rule shall not apply where appearance was entered to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

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Amendments (Textual)

Examination as to jurisdiction and admissibilityE+W+S+N.I.

F458Where 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 5, or where it is precluded from exercising jurisdiction by rule 5(2), it shall declare of its own motion that it has no jurisdiction.E+W+S+N.I.

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Amendments (Textual)

F469Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.]E+W+S+N.I.

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Amendments (Textual)

Section 21.

SCHEDULE 9E+W+S+N.I. PROCEEDINGS EXCLUDED FROM SCHEDULE 8

1Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings F47. . . of affiliation and aliment.E+W+S+N.I.

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Amendments (Textual)

2Proceedings for regulating the custody of children.E+W+S+N.I.

[F482AProceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act.]E+W+S+N.I.

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Amendments (Textual)

3Proceedings relating to tutory and curatory and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.E+W+N.I.

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Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only.

3Proceedings relating to [F52guardianship of children] and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.S

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Amendments (Textual)

4Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors.E+W+S+N.I.

5Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up.E+W+S+N.I.

6Admiralty causes in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.E+W+S+N.I.

7Commissary proceedings.E+W+S+N.I.

8Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.E+W+S+N.I.

9Proceedings under section 7(3) of the M7Civil Aviation (Eurocontrol) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol).E+W+S+N.I.

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Marginal Citations

10Proceedings brought in pursuance of an order under [F49section 23 of the Oil and Gas (Enterprise) Act 1982].E+W+S+N.I.

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Amendments (Textual)

11Proceedings under section 6 of the M8Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).E+W+S+N.I.

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Marginal Citations

12Appeals from or review of decisions of tribunals.E+W+S+N.I.

13Proceedings which are not in substance proceedings in which a decree against any person is sought.E+W+S+N.I.

14Proceedings brought in any court in pursuance of—E+W+S+N.I.

(a)any statutory provision which, in the case of any convention to which Article 57 [F50, or Article 71 of the Regulation,] applies (conventions relating to specific matters which override the general rules F51 . . .), implements the convention; and

(b)any rule of law so far as it has the effect of implementing any such convention.

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Amendments (Textual)

F51Words in Sch. 9 para. 14(a) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 8(b)

Section 53.

X1SCHEDULE 10E+W+S+N.I.M9AMENDMENTS OF FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

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Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

1(1)Section 1 (power to extend Part I to foreign countries giving reciprocal treatment) is amended as follows.E+W+S+N.I.

(2)For subsections (1) and (2) substitute—

(1)If, in the case of any foreign country, Her Majesty is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to, or to any particular class of, judgments given in the courts of that country or in any particular class of those courts, substantial reciprocity of treatment shall be assured as regards the enforcement in that country of similar judgments given in similar courts of the United Kingdom, She may by Order in Council direct—

(a)that this Part of this Act shall extend to that country;

(b)that such courts of that country as are specified in the Order shall be recognised courts of that country for the purposes of this Part of this Act ; and

(b)that judgments of any such recognised court, or such judgments of any such class so specified, shall, if within subsection (2) of this section, be judgments to which this Part of this Act applies.

(2)Subject to subsection (2A) of this section, a judgement of a recognised court is within this subsection if it satisfies the following conditions, namely—

(a)it is either final and conclusive as between the judgement debtor and the judgement creditor or requires the former to make an interim payment to the latter ; and

(b)there is payable under it a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty ; and

(c)it is given after the coming into force of the Order in Council which made that court a recognised court.

(2A)The following judgments of a recognised court are not within subsection (2) of this section—

(a)a judgement given by that court on appeal from a court which is not a recognised court;

(b)a judgement or other instrument which is regarded for the purposes of its enforcement as a judgement of that court but which was given or made in another country ;

(c)a judgement given by that court in proceedings founded on a judgement of a court in another country and having as their object the enforcement of that judgement..

(3)After subsection (4) add—

(5)Any Order in Council made under this section before its amendment by the Civil Jurisdiction and Judgments Act 1982 which deems any court of a foreign country to be a superior court of that country for the purposes of this Part of this Act shall (without prejudice to subsection (4) of this section) have effect from the time of the amendment as if it provided for that court to be a recognised court of that country for those purposes, and for any final and conclusive judgement of that court, if within subsection (2) of this section, to be a judgement to which this Part of this Act applies..

2In section 9 (power to make foreign judgment unenforceable in United Kingdom if no reciprocity), in subsection (1) omit “superior” in both places where it occurs.E+W+S+N.I.

3For section 10 (issue of certificates of judgments obtained in the United Kingdom) substitute—E+W+S+N.I.

10 Provision for issue of copies of, and certificates in connection with, U.K. judgments.

(1)Rules may make provision for enabling any judgement creditor wishing to secure the enforcement in a foreign country to which Part I of this Act extends of a judgement to which this subsection applies, to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgement; and

(b)a certificate giving particulars relating to the judgement and the proceedings in which it was given.

(2)Subsection (1) applies to any judgment given by a court or tribunal in the United Kingdom under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty.

(3)In this section “rules”—

(a)in relation to judgments given by a court, means rules of court;

(b)in relation to judgments given by any other tribunal, means rules or regulations made by the authority having power to make rules or regulations regulating to procedure of that tribunal..

4After section 10 insert—E+W+S+N.I.

10A Arbitration awards.

The provisions of this Act, except sections 1(5) and 6, shall apply, as they apply to a judgement, in relation to an award in proceedings on an arbitration which has, in pursuance of the law in force in the place where it was made, became enforceable in the same manner as a judgement given by a court in that place..

5(1)Section 1(1) (interpretation) is amended as follows.E+W+S+N.I.

(2)After the definition of “Country of the original court” insert—

Court” except in section 10 of this Act, includes a tribunal;.

(3)Omit the definition of “Judgments given in the superior courts of the United Kingdom”.

Section 37(1).

X2SCHEDULE 11E+W+S+N.I. MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS

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Editorial Information

X2The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IE+W+S+N.I. ENFORCEMENT OF LUMP SUM ORDERS

Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

1In section 18(3A) of the Maintenance Orders Act 1950 (order not to be enforced by registering court under that Act if re-registred for enforcement in another court), for “whilst it is registered” substitute “ to the extent that it is for the time being registered ”.E+W+S+N.I.

Maintenance Orders Act 1958 (c.39)E+W+S+N.I.

2(1)Section 2 of the Maintenance Orders Act 1958 (registration of orders) is amended as follows.E+W+S+N.I.

(2)In subsection (3) (registration of magistrates’ court order for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not lesss than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

(3)After subsection (3) insert—

(3A)Without prejudice to subsection (3) of this section, where a magistrates’ court order provides both for the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum, the order could be more effectively enforced if it were registered may apply to the original court for the registration of the order so far as it so relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) of this section is granted in the case of a magistrates’ court order, the provisions of this Part of this Act shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order..

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

3(1)Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows.E+W+S+N.I.

(2)In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

(3)After subsection (3) insert—

(3A)Without prejudice to subsection (3), where an order made by a court of summary jurisdiction provides for both the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum the order could be more effectively enforced if it were registred may apply to the original court for the registration of the order so far as it relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) is granted in the case of an order made by a court of summary jurisdiction, the provisions of this Part shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order..

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

4(1)In section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of orders), after subsection (1) insert—E+W+S+N.I.

(1A)The powers conferred by subsection (1) above are not exercisable in relation to so much of a registered order as provides for the payment of a lump sum..

(2)In section 21 of that Act (interpretation of Part I)—

(a)in paragraph (a) of the definition of “maintenance order” in subsection (1) ; and

(b)in subsection (2),

for “periodical payment of sums of money” substitute “ payment of a lump sum or the making of periodical payments ”.

PART IIE+W+S+N.I. RECOVERY OF INTERESTS ON ARREARS

Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

5In section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), after subsection (1) (orders to be enforced in the same manner as orders made by the court of registration), insert—E+W+S+N.I.

(1A)A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest ; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the proder provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(1B)A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if the interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section..

Maintenance Orders Act 1958 (c.39)E+W+S+N.I.

6(1)The Maintenance Orders Act 1958 is amended as follows.E+W+S+N.I.

(2)After section 2 insert—

2A Interest on sums recoverable under certain orders registered in the High Court.

(1)Where, in connection with an application under section 2(3) of this Act for the registration of a magistrates’ court order, the applicant shows in accordance with the rules of court—

(a)that the order, though deemed for the purposes of section 1 of this Act to have been made by a magistrates’ court in England, was in fact made in another part of the United Kingdom or in a country or territory outside the United Kingdom ; and

(b)that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that part or of that country or territory, recoverable under the order from a particular date or time.

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 2(4)(c) of this Act, it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

(2)The officer of the court who receives a certificate sent to him under the preceding subsection shall cause the certificate to be registered in that court together with the order to which it relates.

(3)Where an order is registered together with a certificate under this section, then , subject to any provision made under the next following subsection, sums payable under the order shall carry interest at the rate specified in the certificate from the date or time so specified.

(4)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(5)Except as provided by this section sums payable under registered orders shall not carry interest..

(3)In section 3(1) of that Act (enforcement of registered orders), after “Subject to the provisions of” insert “ section 2A of this Act and ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

7(1)The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.E+W+S+N.I.

(2)After section 11 insert—

11A Interest on sums recoverable under certain orders registered in the High Court.

(1)Where, in connection with an application under section 11(3) for the registration of an order made by a court of summary jurisdiction, the applicant shows in accordance with the rules of court—

(a)that the order, though deemed for the purposes of this Part to have been made by a court of summary jurisdiction in Northern Ireland, was in fact made in a country or territory outside the United Kingdom ; and

(b)that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that country or territory, recoverable under the order from a particular date or time,

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 11(4)(c) it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

(2)The officer of a court who receives a certificate sent to him under subsection (1) shall cause the certificate to be registered in that court together with the order to which it relates.

(3)Where an order is registered together with a certificate under this section, then, subject to any provision made under subsection (4), sums payable under the order shall carry interest at the rate specified in the certificate from the date or the time so specified.

(4)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(5)Except as provided by this section sums payable under registered order shall not carry interest..

(3)In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”.

(4)In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.

PART IIIE+W+S+N.I. RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

8The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.E+W+S+N.I.

9In section 2 (transmission of United Kingdom order for enforcement in reciprocating country)—E+W+S+N.I.

(a)in subsections (1) and (4), after “residing” insert “ or has assets ” ; and

(b)in subsection (4), after “whereabouts of the payer”, in both places where it occurs, insert “ and the nature and location of his assets in that country ”.

10In section 6 (registration in United Kingdom of order in reciprocating country)—E+W+S+N.I.

(a)in subsection (2), after “residing” insert “ or has assets ” ; and

(b)in subsection (4)—

(i)after “is residing” insert “ or has assets ”;

(ii)for “so residing” substitute “ residing and has no assets in the jurisdiction of the court ”; and

(iii)at the end insert “ and the nature and location of his assets ”.

11In section 8(5) (duty of magistrates’ court and its officers to take prescribed steps for enforcing registered orders), after “enforcing” insert “ or facilitating the enforcment of ”.E+W+S+N.I.

12In section 9 (variation and revocation of orders), after subsection (1A) inserted by paragraph 4(1) of this Schedule, insert—E+W+S+N.I.

(1B)The registering court shall not vary or revoke a registered order if neither the payer nor the payee under the order is resident in the United Kingdom..

13(1)Section 10 (cancellation of registration and transfer of orders) is amended as follows.E+W+S+N.I.

(2)In subsection (2), for “has ceased to reside within the jurisdiction of that court,” substitute “ is not residing in the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, ”.

(3)In subsection (3), after “residing” insert “ or has assets ”.

(4)In subsection (5), for “still residing” substitute “ residing or has assets ”.

(5)In subsection (6)—

(a)after “is residing” insert “ or has assets ”; and

(b)for “so residing” insert “ residing and has no assets within the jurisdiction of the court ”.

(6)In subsection (7)(b), after “payer” insert “ and the nature and location of his assets ”.

14In section 11(1) (steps to be taken where payer is not residing in the United Kingdom)—E+W+S+N.I.

(a)before “it appears” insert “ at any time ”;

(b)for the words from “in the United Kingdom” to “therein,” substitute “ and has no assest in the United Kingdom, ”; and

(c)after “payer” in paragraph (c) insert “ and the nature and location of his assets ”.

15In section 21(1) (interpretation of Part I), in the definition of “the appropriate court”—E+W+S+N.I.

(i)after “residing”, in the first and second places where it occurs, insert “ or having assets ”;

(ii)for “the sheriff court” substitute “ a sheriff court ”; and

(iii)after “residing”, where it last occurs, insert “ or has assets ”.

16In section 24 (application of Part I to certain order and proceedings under M10Maintenance Orders (Facilities for Enforcement) Act 1920), in paragraph (a)(i) and (ii), after “residing” insert “ or having assets ”.E+W+S+N.I.

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Marginal Citations

17In section 40 (power to apply Act with modifications by Order in Council)—E+W+S+N.I.

(a)in paragraph (a), omit “against persons in that country or territory” ; and

(b)in paragraph (b), omit “against persons in the United Kingdom”.

18In section 47 (interpretation), in subsection (3) (construction of references to a courts’ jurisdiction), after “the reference is” insert “ to assets being located or ” and omit the words “or having ceased to reside”.E+W+S+N.I.

Sections 15(4), 23(2) and 36(6).

X3SCHEDULE 12E+W+S+N.I. CONSEQUENTIAL AMENDMENTS

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Editorial Information

X3The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IE+W+S+N.I. AMENDMENTS CONSEQUENTIAL ON PART I OF THIS ACT

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)E+W+S+N.I.

1In section 150 of the Army Act 1955 and in section 150 of the Air Force Act 1955 (enforcement of maintenance and other orders by deduction from pay), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Naval Discipline Act 1957 (c. 53)E+W+S+N.I.

2In section 101 of the Naval Discipline Act 1957 (service of process in maintenance and other proceedings), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Maintenance Orders Act 1958 (c. 39)E+W+S+N.I.

3In section 1 of the Maintenance Orders Act 1958 (scope of application of Part I), in subsection (4), for the words from “within the meaning” to “the said Part I” substitute “ which is registered in a magistrates’ court under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

4In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies), in subsections (2) and (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Administration of Justice Act 1970 (c. 31)E+W+S+N.I.

5In Schedule 8 to the Administration of Justice Act 1970 (orders which are “maintenance orders” for the purposes of Part II of that Act and Part II of the Maintenance Orders Act 1958), after paragraph 12 insert—E+W+S+N.I.

13A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part..

Attachment of Earnings Act 1971 (c. 32)E+W+S+N.I.

6In Schedule 1 to the Attachment of Earnings Act 1971 (orders which are “maintenance orders” for the purposes of that Act), after paragraph 12 insert—E+W+S+N.I.

13A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part..

Magistrates’ Courts Act 1980 (c. 43)E+W+S+N.I.

7In section 65 of the Magistrates’ Courts Act 1980 (definition of “domestic proceedings” for the purposes of this Act)—E+W+S+N.I.

(a)in subsection (1), after paragraph (l) insert—

(m)Part I of the Civil Jurisdiction and Judgments Act 1982, so far as that Part relates to the recognition or enforcement of maintenance orders ;;

(b)in subsection (2)(a), after “(k)” insert “ and (m) ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))E+W+S+N.I.

8(1)In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order), in paragraph (a), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders ”.E+W+S+N.I.

(2)In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (b) of paragraph (11), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

PART IIE+W+S+N.I. AMENDMENTS CONSEQUENTIAL ON SCHEDULE 8

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)E+W+S+N.I.

1In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—E+W+S+N.I.

(3)This section does not apply—

(a)in the case of an agreement entered in to after the dispute in respect of which the agreement is intended to have effect has arisen ; or

(b)where the contract is one referred to in Rule 3 of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982..

Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

2In section 15(1)(b) of the Maintenance Orders Act 1950 for the words “for separation and ailment” there shall be substituted the words “ which contains a conclusion for ailment not falling within the scope of paragraph (a)(i) above ”.E+W+S+N.I.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

3(1)In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—E+W+S+N.I.

(1)In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order..

(2)In subsections (3), (4) and (5) of that section for the words “in which the sheriff has jurisdiction by virtue of” there shall be substituted in each place where they occur the words “ referred to in ”.

Consumer Credit Act 1974 (c. 39)E+W+S+N.I.

4In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—E+W+S+N.I.

(3)In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court.

(3A)Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—

(a)the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982);

(b)the court for the place where the debtor or hirer carries on business ; and

(c)where the purposes of the action is 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, the court for the place where the property is situated.

(3B)Subsection (3A) shall not apply—

(a)where Rule 3 of Schedule 8 to the Act of 1982 applies; or

(b)where the jurisdiction of another court has been prorogated by an agreement entered in to after the dispute has arisen..

PART IIIE+W+S+N.I. AMENDMENTS CONSEQUENTIAL ON SECTION 36

Maintenance Orders Act 1950 (c.37)E+W+S+N.I.

1(1)The Maintenance Orders Act 1950 is amended as follows.E+W+S+N.I.

(2)In section 18 (enforcement of registered orders), after subsection (3A) insert—

(3B)Notwthstanding subsection (1) above, no court in Northern Ireland in which a maintenance order is registered under this Part of this Act shall enforce that order to the extent that it is for the time being registered in another court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982..

(3)In section 21(2) (evidence admissible before court where order registered)—

(a)in paragraph (a) after “1958” insert “ or under section 36 of the Civil Jurisdiction and Judgments Act 1982 ” ;

(b)after “that Act” (twice) insert “ of 1958 ”;

(c)after paragraph (b) insert—

(c)registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982.

(4)In section 24(3) (notice of cancellation of order to be given to other courts interested), after “Part I of the Maintenance Orders Act 1958” insert “ or section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)E+W+S+N.I.

2In section 23(2) of the Maintenance Orders Act 1958 (provisions which extend to Scotland and Northern Ireland) after “section 2” insert “ section 2A ”.E+W+S+N.I.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

3(1)The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.E+W+S+N.I.

(2)At the beginning of section 9 (introductory provisions relating to registration in one court of maintenance order made by another) insert “ Without prejudice to section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

(3)In section 10 (orders to which Part II applies), after subsection (1) insert—

(1A)This Part, except sections 11, 11A and 14(2) and (3), also applies in accordance with section 36 of the Civil Jurisdiction and Judgments Act 1982 to maintenance orders made by a court in England and Wales or Scotland and registered in a court in Northern Ireland under Part II of the Maintenance Orders Act 1950..

(4)In section 13 (variation of orders registered in courts of summary jurisdiction), after subsection (7) insert—

(7A)No application for any variation in respect of a registered order shall be made by the High Court of Justice in England or the Court of Session and registered in that court under section 36 of the Civil Jurisdiction and Judgments Act 1982..

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I.))E+W+S+N.I.

4In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981 (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add “ but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.))E+W+S+N.I.

5(1)In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order)—E+W+S+N.I.

(a)in paragraph (a), delete the words “or the Maintenance Orders Act 1950”;

(b)after paragraph (a) insert—

(aa)in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966.

(2)In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (d) of paragraph (11), at the end add—

or under section 36 of the Civil Jurisdiction and Judgments Act 1982.

Section 53.

SCHEDULE 13E+W+S+N.I. Commencement, Transitional Provisions and Savings

Part IE+W+S+N.I.Commencement

Provisions coming into force on Royal AssentE+W+S+N.I.

1The following provisions come into force on Royal Assent:E+W+S+N.I.

ProvisionSubject-matter
section 53(1) and Part 1 of this Schedule.Commencement.
section 55Short title.

Provisions coming into force six weeks after Royal AssentE+W+S+N.I.

2The following provisions come into force at the end of the period of six weeks beginning with the day on which this Act is passed:E+W+S+N.I.

ProvisionSubject-matter
section 24(1)(a), (2)(a) and (3).Interim relief and protective measures in cases of doubtful jurisdiction.
section 29Service of county court process outside Northern Ireland.
section 30Proceedings in England and Wales or Northern Ireland for torts to immovable property.
section 31Overseas judgments given against states.
section 32Overseas judgments given in breach of agreement for settlement of disputes.
section 33Certain steps not to amount to submission to jurisdiction of overseas court.
section 34Certain judgments a bar to further proceedings on the same cause of action.
section 35(3)Consolidation of Orders in Council under section 14 of the M11Administration of Justice Act 1920.
section 38Overseas judgments counteracting an award of multiple damages.
section 40Power to modify enactments relating to legal aid, etc.
section 49Saving for powers to stay, sist, strike out or dismiss proceedings.
section 50Interpretation: general.
section 51Application to Crown.
section 52Extent.
paragraphs 7 to 10 of Part II of this Schedule and section 53(2) so far as relates to those paragraphs.Transitional provisions and savings.
section 54 and Schedule 14 so far as relating to the repeal of provisions in section 4 of the M12Foreign Judgments (Reciprocal Enforcement) Act 1933.Repeals consequential on sections 32 and 33.
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Marginal Citations

Provisions coming into force on a day to be appointedE+W+S+N.I.

3(1)The other provisions of this Act come into force on such day as the Lord Chancellor and the Lord Advocate may appoint by order made by statutory instrument.E+W+S+N.I.

(2)Different days may be appointed under this paragraph for different purposes.

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Modifications etc. (not altering text)

C4Power of appointment conferred by Sch. 13 Part I para. 3(1) fully exercised; S.I. 1984/1553, 1986/1781, 2044

Part IIE+W+S+N.I. Transitional Provisions and Savings

Section 16 and Schedule 4E+W+S+N.I.

1(1)Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section.E+W+S+N.I.

(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 repealsE+W+S+N.I.

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.E+W+S+N.I.

(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 M13Fair 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 M14Judgments Extension Act 1868;

  • the 1882 Act” means the M15Inferior Courts Judgments Extension Act 1882;

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

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Marginal Citations

Section 18 and Schedule 7E+W+S+N.I.

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.E+W+S+N.I.

Section 19E+W+S+N.I.

4Section 19 shall not apply to judgments given before the commencement of that section.E+W+S+N.I.

Section 20 and Schedule 8E+W+S+N.I.

5Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.E+W+S+N.I.

Section 26E+W+S+N.I.

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—E+W+S+N.I.

(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 31E+W+S+N.I.

7Section 31 shall not apply to any judgment—E+W+S+N.I.

(a)which has been registered under Part II of the M16Administration of Justice Act 1920 or Part I of the M17Foreign 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.

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Marginal Citations

Section 32 and associated repealE+W+S+N.I.

8(1)Section 32 shall not apply to any judgment—E+W+S+N.I.

(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 M18Maintenance 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)(b) of the M19Foreign 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.

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Marginal Citations

Section 33 and associated repealE+W+S+N.I.

9(1)Section 33 shall not apply to any judgment—E+W+S+N.I.

(a)which has been registered under Part II of the M20Administration 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.

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Marginal Citations

Section 34E+W+S+N.I.

10Section 34 shall not apply to judgments given before the commencement of that section.E+W+S+N.I.

Section 54.

X4SCHEDULE 14E+W+S+N.I. Repeals

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X4The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

ChapterShort TitleExtent of Repeal
41 Geo. 3. c. 90.Crown Debts Act 1801.The preamble.
Sections 1 to 8.
5 Geo. 4. c. 111.Crown Debts Act 1824.The whole Act.
22 & 23 Vict. c. 21.Queen’s Remembrancer Act 1859.Section 24.
31 &32 Vict. c. 54.Judgements Extension Act 1868.The whole Act.
31 & 32 Vict. c. 96.Ecclesiastical Buildings and Glebes (Scotland) Act 1868.In section 4, the words “of the county in which the parish concerned is situated” and the words from “provided” to the end.
45 & 46 Vict. c. 31.Inferior Courts Judgements Extension Act 1882.The whole Act.
Edw. 7. c. 51.Sheriff Courts (Scotland) Act 1907.In section 5, the words from the first “Provided” to “that jurisdiction”.
14 & 15 Geo. 5. c. 27.Conveyancing (Scotland) Act 1924.In section 23(6) the words from “of the county” to “is situated”.
23 & 24 Geo. 5. c. 31.Foreign Judgements (Reciprocal Enforcement) Act 1933.In section 4(2)(a)(i), the words from “otherwise” to “that court”.
Section 4(3)(b).
In section 9(1), the word “superior” in both places where it occurs.
In section 11(1), the definition of “Judgements given in the superior courts of the United Kingdom”.
In section 12, in paragraph (a) the words from “(except” to “this Act)”, and paragraph (d).
In section 13(b), the words “and section two hundred and thirteen”, “respectively” and “and 116”.
14 Geo. 6 c. 37.Maintenance Orders Act 1950.Section 6.
Section 8.
Section 9(1)(a).
In section 16(2)(b)(v), the words from the beginning to “or”.
4 & 5 Eliz. 2. c. 46.Administration of Justice Act 1956.Section 51(a).
1963 c. 22.Sheriff Courts (Civil Jurisdiction and Procedure)(Scotland) Act 1963.In Schedule 1, the entry relating to the Crown Debts Act 1801.
1971 c. 55.Law Reform (Jurisdiction in Delict)(Scotland) Act 1971.The whole Act.
1972 c. 18Maintenance Orders (Reciprocal Enforcement) Act 1972.In section 40—(a) in paragraph (a), the words “against persons in that country or territory”; and (b) in paragraph (b), the words “against persons in the United Kingdom”.
In section 47(3), the words “or having ceased to reside”.
In the Schedule, paragraph 4.
1976 c. 25.Fair Employment (Northern Ireland) Act 1976.Section 47.
1978 c. 23.Judicature (Northern Ireland) Act 1978.In Part II of Schedule 5— (a) the entry relating to the Crown Debts Act 1801; and (b) in the entry relating to the Foreign Judgements (Reciprocal Enforcment) Act 1933, the word “respectively”, where last occuring, and the words “and 116”.
1981 c. 54.Supreme Court Act 1981.In Schedule 5, paragraph 2 of the entry relating to the Foreign Judgements (Reciprocal Enforcement) Act 1933.

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