The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

2. Introductory Text

1. This Order may be cited as the Civil Jurisdiction and...

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 (c) of section...

10. 9. The following shall be substituted for the first item in...

11. 10. The following shall be substituted for section 39(2)(c) and (d)...

12. 11. The following shall be substituted for section 52(2)(c) and (d)...

13. 12. (1) The text set out in Schedule 1 to this...

14. Signature

15. SCHEDULES

    1. SCHEDULE 1

       TEXT OF 1968 CONVENTION, AS AMENDED

       1. CONVENTION

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

       2. PREAMBLE

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

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

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

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

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

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

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

          7. HAVE AGREED AS FOLLOWS:

       3. TITLE I SCOPE

          1. Article 1

             1. This Convention shall apply in civil and commercial matters whatever...

             2. The Convention shall not apply to—

             3. 1. The status or legal capacity of natural persons, rights in...

             4. 2. Bankruptcy, proceedings relating to the winding-up of insolvent companies or...

             5. 3. Social security.

             6. 4. Arbitration.

       4. TITLE II JURISDICTION

          1. Section 1

             General provisions

             1. Article 2

                1. Subject to the provisions of this Convention, persons domiciled in...

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

             2. Article 3

                1. Persons domiciled in a Contracting State may be sued in...

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

             3. Article 4

                1. If the defendant is not domiciled in a Contracting State,...

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

          2. Section 2

             Special jurisdiction

             1. Article 5

                1. A person domiciled in a Contracting State may, in another...

                2. 1. In matters relating to a contract, in the courts for...

                3. 2. In matters relating to maintenance, in the courts for the...

                4. 3. In matters relating to tort, delict or quasi-delict, in the...

                5. 4. As regards a civil claim for damages or restitution which...

                6. 5. As regards a dispute arising out of the operations of...

                7. 6. As settlor, trustee or beneficiary of a trust created by...

                8. 7. As regards a dispute concerning the payment of remuneration claimed...

             2. Article 6

                1. A person domiciled in a Contracting State may also be...

                2. 1. Where he is one of a number of defendants, in...

                3. 2. As a third party in an action on a warranty...

                4. 3. On a counter-claim arising from the same contract or facts...

                5. 4. In matters relating to a contract, if the action may...

             3. Article 6a

                1. Where by virtue of this Convention a court of a...

          3. Section 3

             Jurisdiction in matters relating to insurance

             1. Article 7

                1. In matters relating to insurance, jurisdiction shall be determined by...

             2. Article 8

                1. An insurer domiciled in a Contracting State may be sued—...

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

                3. 2. in another Contracting State, in the courts for the place...

                4. 3. if he is a co-insurer, in the courts of a...

             3. Article 9

                1. In respect of liability insurance or insurance of immovable property,...

             4. Article 10

                1. In respect of liability insurance, the insurer may also, if...

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

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

             5. Article 11

                1. Without prejudice to the provisions of the third paragraph of...

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

             6. Article 12

                1. The provisions of this Section may be departed from only...

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

                3. 2. which allows the policy-holder, the insured or a beneficiary to...

                4. 3. which is concluded between a policy-holder and an insurer, both...

                5. 4. which is concluded with a policy-holder who is not domiciled...

                6. 5. which relates to a contract of insurance in so far...

             7. Article 12a

                1. The following are the risks referred to in point 5...

                2. 1. Any loss of or damage to— (a) sea-going ships, installations...

                3. 2. Any liability, other than for bodily injury to passengers or...

                4. 3. Any financial loss connected with the use or operation of...

                5. 4. Any risk or interest connected with any of those referred...

          4. Section 4

             Jurisdiction over consumer contracts

             1. Article 13

                1. In proceedings concerning a contract concluded by a person for...

                2. 1. a contract for the sale of goods on instalment credit...

                3. 2. a contract for a loan repayable by instalments, or for...

                4. 3. any other contract for the supply of goods or a...

             2. Article 14

                1. A consumer may bring proceedings against the other party to...

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

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

             3. Article 15

                1. The provisions of this Section may be departed from only...

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

                3. 2. which allows the consumer to bring proceedings in courts other...

                4. 3. which is entered into by the consumer and the other...

          5. Section 5

             Exclusive jurisdiction

             1. Article 16

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

                2. 1. (a) in proceedings which have as their object rights in...

                3. 2. In proceedings which have as their object the validity of...

                4. 3. In proceedings which have as their object the validity of...

                5. 4. In proceedings concerned with the registration or validity of patents,...

                6. 5. In proceedings concerned with the enforcement of judgments, the courts...

          6. Section 6

             Prorogation of jurisdiction

             1. Article 17

                1. If the parties, one or more of whom is domiciled...

                2. Where such an agreement is concluded by parties, none of...

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

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

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

                6. In matters relating to individual contracts of employment an agreement...

             2. Article 18

                1. Apart from jurisdiction derived from other provisions of this Convention,...

          7. Section 7

             Examination as to jurisdiction and admissibility

             1. Article 19

                1. Where a court of a Contracting State is seised of...

             2. Article 20

                1. Where a defendant domiciled in one Contracting State is sued...

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

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

          8. Section 8

             Lis pendens — related actions

             1. Article 21

                1. Where proceedings involving the same cause of action and between...

                2. Where the jurisdiction of the court first seised is established,...

             2. Article 22

                1. Where related actions are brought in the courts of different...

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

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

             3. Article 23

                1. Where actions come within the exclusive jurisdiction of several courts,...

          9. Section 9

             Provisional, including protective, measures

             1. Article 24

                1. Application may be made to the courts of a Contracting...

       5. TITLE III RECOGNITION AND ENFORCEMENT

          1. Article 25

             1. For the purposes of this Convention, “judgment” means any judgment...

          2. Section 1

             Recognition

             1. Article 26

                1. A judgment given in a Contracting State shall be recognized...

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

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

             2. Article 27

                1. A judgment shall not be recognized—

                2. 1. If such recognition is contrary to public policy in the...

                3. 2. Where it was given in default of appearance, if the...

                4. 3. If the judgment is irreconcilable with a judgment given in...

                5. 4. If the court of the State of origin, in order...

                6. 5. If the judgment is irreconcilable with an earlier judgment given...

             3. Article 28

                1. Moreover, a judgment shall not be recognized if it conflicts...

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

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

             4. Article 29

                1. Under no circumstances may a foreign judgment be reviewed as...

             5. Article 30

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

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

          3. Section 2

             Enforcement

             1. Article 31

                1. A judgment given in a Contracting State and enforceable in...

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

             2. Article 32

                1. 1. The application shall be submitted— in Belgium, to the tribunal...

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

             3. Article 33

                1. The procedure for making the application shall be governed by...

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

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

             4. Article 34

                1. The court applied to shall give its decision without delay;...

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

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

             5. Article 35

                1. The appropriate officer of the court shall without delay bring...

             6. Article 36

                1. If enforcement is authorized, the party against whom enforcement is...

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

             7. Article 37

                1. 1. An appeal against the decision authorizing enforcement shall be lodged...

                2. 2. The judgment given on the appeal may be contested only—...

             8. Article 38

                1. The court with which the appeal under Article 37(1) is...

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

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

             9. Article 39

                1. During the time specified for an appeal pursuant to Article...

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

             10. Article 40

                 1. 1. If the application for enforcement is refused, the applicant may...

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

             11. Article 41

                 1. A judgment given on appeal provided for in Article 40...

             12. Article 42

                 1. Where a foreign judgment has been given in respect of...

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

             13. Article 43

                 1. A foreign judgment which orders a periodic payment by way...

             14. Article 44

                 1. An applicant who, in the State of origin has benefited...

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

             15. Article 45

                 1. No security, bond or deposit, however described, shall be required...

          4. Section 3

             Common provisions

             1. Article 46

                1. A party seeking recognition or applying for enforcement of a...

                2. 1. a copy of the judgment which satisfies the conditions necessary...

                3. 2. in the case of a judgment given in default, the...

             2. Article 47

                1. A party applying for enforcement shall also produce—

                2. 1. documents which establish that, according to the law of the...

                3. 2. where appropriate, a document showing that the applicant is in...

             3. Article 48

                1. If the documents specified in point 2 of Articles 46...

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

             4. Article 49

                1. No legalization or other similar formality shall be required in...

       6. TITLE IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

          1. Article 50

             1. A document which has been formally drawn up or registered...

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

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

          2. Article 51

             1. A settlement which has been approved by a court in...

       7. TITLE V GENERAL PROVISIONS

          1. Article 52

             1. In order to determine whether a party is domiciled in...

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

          2. Article 53

             1. For the purposes of this Convention, the seat of a...

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

       8. TITLE VI TRANSITIONAL PROVISIONS

          1. Article 54

             1. The provisions of the Convention shall apply only to legal...

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

             3. If the parties to a dispute concerning a contract had...

          2. Article 54a

             1. For a period of three years from 1st November 1986...

             2. 1. A person who is domiciled in a Contracting State may...

             3. 2. A claimant may arrest either the particular ship to which...

             4. 3. Ships shall be deemed to be in the same ownership...

             5. 4. When in the case of a charter by demise of...

             6. 5. The expression “maritime claim” means a claim arising out of...

             7. 6. In Denmark, the expression “arrest” shall be deemed as regards...

       9. TITLE VII RELATIONSHIP TO OTHER CONVENTIONS

          1. Article 55

             1. Subject to the provisions of the second subparagraph of Article...

          2. Article 56

             1. The Treaty and the conventions referred to in Article 55...

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

          3. Article 57

             1. 1. This Convention shall not affect any conventions to which the...

             2. 2. With a view to its uniform interpretation, paragraph 1 shall...

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

          4. Article 58

             1. Until such time as the Convention on jurisdiction and the...

          5. Article 59

             1. This Convention shall not prevent a Contracting State from assuming,...

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

             3. 1. if the action is brought to assert or declare proprietary...

             4. 2. if the property constitutes the security for a debt which...

       10. TITLE VIII FINAL PROVISIONS

           1. Article 60

              1. [Deleted]

           2. Article 61

              1. This Convention shall be ratified by the signatory States. The...

           3. Article 62

              1. This Convention shall enter into force on the first day...

           4. Article 63

              1. The Contracting States recognize that any State which becomes a...

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

           5. Article 64

              1. The Secretary-General of the Council of the European Communities shall...

           6. Article 65

              1. The Protocol annexed to this Convention by common accord of...

           7. Article 66

              1. This Convention is concluded for an unlimited period.

           8. Article 67

              1. Any Contracting State may request the revision of this Convention....

           9. Article 68

              1. This Convention, drawn up in a single original in the...

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

       11. ANNEXED PROTOCOL

           1. The High Contracting Parties have agreed upon the following provisions,...

           2. Article 1

              1. Any person domiciled in Luxembourg who is sued in a...

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

           3. Article II

              1. Without prejudice to any more favourable provisions of national laws,...

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

           4. Article III

              1. In proceedings for the issue of an order for enforcement,...

           5. Article IV

              1. Judicial and extrajudicial documents drawn up in one Contracting State...

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

           6. Article V

              1. The jurisdiction specified in Articles 6(2) and 10 in actions...

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

           7. Article Va

              1. In matters relating to maintenance, the expression “court” includes the...

           8. Article Vb

              1. In proceedings involving a dispute between the master and a...

           9. Article Vc

              1. Articles 52 and 53 of this Convention shall, when applied...

           10. Article Vd

               1. Without prejudice to the jurisdiction of the European Patent Office...

           11. Article VI

               1. The Contracting States shall communicate to the Secretary-General of the...

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

    2. SCHEDULE 2

       TEXT OF 1971 PROTOCOL, AS AMENDED

       1. Article 1

          1. The Court of Justice of the European Communities shall have...

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

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

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

       2. Article 2

          1. The following courts may request the Court of Justice to...

          2. 1. in Belgium: la Cour de Cassation — het Hof van...

          3. 2. The courts of the Contracting States when they are sitting...

          4. 3. In the cases provided for in Article 37 of the...

       3. Article 3

          1. 1. Where a question of interpretation of the Convention or of...

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

       4. Article 4

          1. 1. The competent authority of a Contracting State may request the...

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

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

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

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

       5. Article 5

          1. 1. Except where this Protocol otherwise provides, the provisions of the...

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

       6. Article 6

          1. [Deleted]

       7. Article 7

          1. This Protocol shall be ratified by the signatory States. The...

       8. Article 8

          1. This Protocol shall enter into force on the first day...

       9. Article 9

          1. The Contracting States recognize that any State which becomes a...

       10. Article 10

           1. The Secretary-General of the Council of the European Communities shall...

       11. Article 11

           1. The Contracting States shall communicate to the Secretary-General of the...

       12. Article 12

           1. This Protocol is concluded for an unlimited period.

       13. Article 13

           1. Any Contracting State may request the revision of this Protocol....

       14. Article 14

           1. This Protocol, drawn up in a single original in the...

    3. SCHEDULE 3

       TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

       1. TITLE V TRANSITIONAL PROVISIONS

          1. Article 34

             1. 1. The 1968 Convention and the 1971 Protocol, with the amendments...

             2. 2. However, as between the six Contracting States to the 1968...

             3. 3. Moreover, as between the six Contracting States to the 1968...

          2. Article 35

             1. [Deleted]

          3. Article 36

             1. [Deleted]

       2. TITLE VI FINAL PROVISIONS

          1. Article 37

             1. The Secretary-General of the Council of the European Communities shall...

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

          2. Article 38

             1. This Convention shall be ratified by the signatory States. The...

          3. Article 39

             1. This Convention shall enter into force, as between the States...

             2. It shall enter into force for each new Member State...

          4. Article 40

             1. The Secretary-General of the Council of the European Communities shall...

          5. Article 41

             1. This Convention, drawn up in a single original in the...

    4. SCHEDULE 4

16. Explanatory Note