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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

24Interim relief and protective measures in cases of doubtful jurisdiction

(1)Any power of a court in England and Wales or Northern Ireland to grant interim relief pending trial or pending the determination of an appeal shall extend to a case where—

(a)the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; or

(b)the proceedings involve the reference of any matter to the European Court under the 1971 Protocol.

(2)Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where—

(a)the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them ; or

(b)the proceedings involve the reference of a matter to the European Court under the 1971 Protocol.

(3)Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section.

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