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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

20Rules as to jurisdiction in Scotland

(1)Subject to Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.

(2)Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.

(3)Section 6 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 shall cease to have effect to the extent that it determines jurisdiction in relation to any matter to which Schedule 8 applies.

(4)In Schedule 8—

(a)words resulting from modifications of Tide II of the 1968 Convention, by way of addition or substitution, and provisions not derived from that Tide are printed in heavy type; and

(b)the marginal notes show, where appropriate, of which provision of Title II a provision of Schedule 8 is a modified version.

(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 and derived to any extent from Title II of the 1968 Convention—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention and to any relevant decision of that court as to the meaning or effect of any provision of that Title ; and

(b)without prejudice to the generality of paragraph (a), the reports mentioned in section 3(3) may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

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