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The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989

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  1. Introductory Text

  2. 1.This Order shall come into force on 1st October 1989...

  3. 2.In this Order “the Act” means the Civil Jurisdiction and...

  4. 3.The following shall be inserted before the final item in...

  5. 4.The following shall be substituted for the final item in...

  6. 5.The following shall be substituted for section 1(2)(a) of the...

  7. 6.The following shall be substituted for section 1(3) of the...

  8. 7.The following shall be substituted for section 2(2) of the...

  9. 8.The following shall be inserted after paragraph (b) of section...

  10. 9.(1) The text set out in Schedule 1 to this...

  11. Signature

  12. SCHEDULES

    1. SCHEDULE 1

      TEXT OF 1968 CONVENTION, AS AMENDED

      1. CONVENTION on jurisdiction and the enforcement of judgments in civil and commercial mattersPREAMBLE

        1. THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN...

        2. Desiring to implement the provisions of Article 220 of that...

        3. Anxious to strengthen in the Community the legal protection of...

        4. Considering that it is necessary for this purpose to determine...

        5. Have decided to conclude this Convention and to this end...

        6. (Designations of Plenipotentiaries of the original six Contracting States)

        7. WHO, meeting within the Council, having exchanged their Full Powers,...

        8. HAVE AGREED AS FOLLOWS:

      2. TITLE I SCOPE

        1. Article 1

        2. The Convention shall not apply to: (1) the status or...

      3. TITLE II JURISDICTION

        1. Section 1

          General provisions

          1. Article 2

          2. Persons who are not nationals of the State in which...

          3. Article 3

          4. In particular the following provisions shall not be applicable as...

          5. Article 4

          6. As against such a defendant, any person domiciled in a...

        2. Section 2

          Special jurisdiction

          1. Article 5

          2. Article 6

          3. Article 6a

        3. Section 3

          Jurisdiction in matters relating to insurance

          1. Article 7

          2. Article 8

          3. An insurer who is not domiciled in a Contracting State...

          4. Article 9

          5. Article 10

          6. The provisions of Articles 7, 8 and 9 shall apply...

          7. If the law governing such direct actions provides that the...

          8. Article 11

          9. The provisions of this Section shall not affect the right...

          10. Article 12

          11. Article 12a

        4. Section 4

          Jurisdiction over consumer contracts

          1. Article 13

          2. Where a consumer enters into a contract with a party...

          3. This Section shall not apply to contracts of transport.

          4. Article 14

          5. Proceedings may be brought against a consumer by the other...

          6. These provisions shall not affect the right to bring a...

          7. Article 15

        5. Section 5

          Exclusive jurisdiction

          1. Article 16

        6. Section 6

          Prorogation of jurisdiction

          1. Article 17

          2. The court or courts of a Contracting State on which...

          3. Agreements or provisions of a trust instrument conferring jurisdiction shall...

          4. If an agreement conferring jurisdiction was concluded for the benefit...

          5. Article 18

        7. Section 7

          Examination as to jurisdiction and admissibility

          1. Article 19

          2. Article 20

          3. The court shall stay the proceedings so long as it...

          4. The provisions of the foregoing paragraph shall be replaced by...

        8. Section 8

          Lis Pendens — related actions

          1. Article 21

          2. A court which would be required to decline jurisdiction may...

          3. Article 22

          4. A court other than the court first seised may also,...

          5. For the purposes of this Article, actions are deemed to...

          6. Article 23

        9. Section 9

          Provisional, including protective, measures

          1. Article 24

      4. TITLE III RECOGNITION AND ENFORCEMENT

        1. Article 25

        2. Section 1

          Recognition

          1. Article 26

          2. Any interested party who raises the recognition of a judgment...

          3. If the outcome of proceedings in a court of a...

          4. Article 27

          5. Article 28

          6. In its examination of the grounds of jurisdiction referred to...

          7. Subject to the provisions of the first paragraph, the jurisdiction...

          8. Article 29

          9. Article 30

          10. A court of a Contracting State in which recognition is...

        3. Section 2

          Enforcement

          1. Article 31

          2. However, in the United Kingdom, such a judgment shall be...

          3. Article 32

          4. The jurisdiction of local courts shall be determined by reference...

          5. Article 33

          6. The applicant must give an address for service of process...

          7. The documents referred to in Articles 46 and 47 shall...

          8. Article 34

          9. The application may be refused only for one of the...

          10. Under no circumstances may the foreign judgment be reviewed as...

          11. Article 35

          12. Article 36

          13. If that party is domiciled in a Contracting State other...

          14. Article 37

          15. The judgment given on the appeal may be contested only:...

          16. Article 38

          17. Where the judgment was given in Ireland or the United...

          18. The court may also make enforcement conditional on the provision...

          19. Article 39

          20. The decision authorizing enforcement shall carry with it the power...

          21. Article 40

          22. The party against whom enforcement is sought shall be summoned...

          23. Article 41

          24. Article 42

          25. An applicant may request partial enforcement of a judgment.

          26. Article 43

          27. Article 44

          28. However, an applicant who requests the enforcement of a decision...

          29. Article 45

        4. Section 3

          Common provisions

          1. Article 46

          2. Article 47

          3. Article 48

          4. If the court so requires, a translation of the documents...

          5. Article 49

      5. TITLE IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

        1. Article 50

        2. The instrument produced must satisfy the conditions necessary to establish...

        3. The provisions of Section 3 of Title III shall apply...

        4. Article 51

      6. TITLE V GENERAL PROVISIONS

        1. Article 52

        2. If a party is not domiciled in the State whose...

        3. The domicile of a party shall, however, be determined in...

        4. Article 53

        5. In order to determine whether a trust is domiciled in...

      7. TITLE VI TRANSITIONAL PROVISIONS

        1. Article 54

        2. However, judgments given after the date of entry into force...

      8. TITLE VII RELATIONSHIP TO OTHER CONVENTIONS

        1. Article 55

        2. Article 56

        3. They shall continue to have effect in respect of judgments...

        4. Article 57

        5. This Convention shall not affect the application of provisions which,...

        6. Article 58

        7. Article 59

        8. However, a Contracting State may not assume an obligation towards...

      9. TITLE VIII FINAL PROVISIONS

        1. Article 60

        2. The Kingdom of the Netherlands may declare at the time...

        3. Notwithstanding the first paragraph, this Convention shall not apply to:...

        4. Such declarations may be made at any time by notifiying...

        5. Proceedings brought in the United Kingdom on appeal from courts...

        6. Proceedings which in the Kingdom of Denmark are dealt with...

        7. Article 61

        8. Article 62

        9. Article 63

        10. The necessary adjustments may be the subject of a special...

        11. Article 64

        12. Article 65

        13. Article 66

        14. Article 67

        15. Article 68

        16. (Signatures of Plenipotentiaries of the original six Contracting States)

      10. ANNEXED PROTOCOL

        1. Article I

        2. An agreement conferring jurisdiction, within the meaning of Article 17,...

        3. Article II

        4. However, the court seised of the matter may order appearance...

        5. Article III

        6. Article IV

        7. Unless the State in which service is to take place...

        8. Article V

        9. Judgments given in the other Contracting States by virtue of...

        10. Article Va

        11. Article Vb

        12. Article Vc

        13. Article Vd

        14. Article VI

    2. SCHEDULE 2

      TEXT OF 1971 PROTOCOL, AS AMENDED

      1. Article 1

      2. The Court of Justice of the European Communities shall also...

      3. The Court of Justice of the European Communities shall also...

      4. Article 2

      5. 1.Article 3

      6. 2.Where such a question is raised before any court referred...

      7. 1.Article 4

      8. 2.The interpretation given by the Court of Justice in response...

      9. 3.The Procurators-General of the Courts of Cassation of the Contracting...

      10. 4.The Registrar of the Court of Justice shall give notice...

      11. 5.No fees shall be levied or any costs or expenses...

      12. 1.Article 5

      13. 2.The Rules of Procedure of the Court of Justice shall,...

      14. Article 6

      15. The Kingdom of the Netherlands may declare at the time...

      16. Notwithstanding the first paragraph, this Convention shall not apply to:...

      17. Such declarations may be made at any time by notifying...

      18. Article 7

      19. Article 8

      20. Article 9

      21. Article 10

      22. Article 11

      23. Article 12

      24. Article 13

      25. Article 14

    3. SCHEDULE 3

      SCHEDULE 3A

      TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

      1. TITLE V Transitional provisions

        1. 1.Article 12

        2. 2.However, judgments given after the date of entry into force...

      2. TITLE VI Final provisions

        1. Article 13

        2. The texts of the 1968 Convention, of the 1971 Protocol...

        3. Article 14

        4. Article 15

        5. It shall enter into force for each Member State which...

        6. Article 16

        7. Article 17

  13. Explanatory Note

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