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

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  1. Introductory Text

  2. 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,

      3. TITLE I SCOPE

        1. Article 1

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

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

          3. 3.Social security.

          4. 4.Arbitration.

      4. TITLE II JURISDICTION

        1. Section 1

          General provisions

          1. Article 2

          2. Article 3

          3. Article 4

        2. Section 2

          Special jurisdiction

          1. Article 5

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

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

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

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

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

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

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

          2. Article 6

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

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

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

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

          3. Article 6a

        3. Section 3

          Jurisdiction in matters relating to insurance

          1. Article 7

          2. Article 8

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

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

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

          3. Article 9

          4. Article 10

          5. Article 11

          6. Article 12

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

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

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

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

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

          7. Article 12a

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

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

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

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

        4. Section 4

          Jurisdiction over consumer contracts

          1. Article 13

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

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

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

          2. Article 14

          3. Article 15

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

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

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

        5. Section 5

          Exclusive jurisdiction

          1. Article 16

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

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

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

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

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

        6. Section 6

          Prorogation of jurisdiction

          1. Article 17

          2. Article 18

        7. Section 7

          Examination as to jurisdiction and admissibility

          1. Article 19

          2. Article 20

        8. Section 8

          Lis pendens — related actions

          1. Article 21

          2. Article 22

          3. Article 23

        9. Section 9

          Provisional, including protective, measures

          1. Article 24

      5. TITLE III RECOGNITION AND ENFORCEMENT

        1. Article 25

        2. Section 1

          Recognition

          1. Article 26

          2. Article 27

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

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

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

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

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

          3. Article 28

          4. Article 29

          5. Article 30

        3. Section 2

          Enforcement

          1. Article 31

          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

          4. Article 34

          5. Article 35

          6. Article 36

          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

          9. Article 39

          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

          12. Article 42

          13. Article 43

          14. Article 44

          15. Article 45

        4. Section 3

          Common provisions

          1. Article 46

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

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

          2. Article 47

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

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

          3. Article 48

          4. Article 49

      6. TITLE IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

        1. Article 50

        2. Article 51

      7. TITLE V GENERAL PROVISIONS

        1. Article 52

        2. Article 53

      8. TITLE VI TRANSITIONAL PROVISIONS

        1. Article 54

        2. Article 54a

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

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

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

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

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

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

      9. TITLE VII RELATIONSHIP TO OTHER CONVENTIONS

        1. Article 55

        2. Article 56

        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

        5. Article 59

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

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

      10. TITLE VIII FINAL PROVISIONS

        1. Article 60

        2. Article 61

        3. Article 62

        4. Article 63

        5. Article 64

        6. Article 65

        7. Article 66

        8. Article 67

        9. Article 68

      11. ANNEXED PROTOCOL

        1. Article 1

        2. Article II

        3. Article III

        4. Article IV

        5. Article V

        6. Article Va

        7. Article Vb

        8. Article Vc

        9. Article Vd

        10. Article VI

    2. SCHEDULE 2

      TEXT OF 1971 PROTOCOL, AS AMENDED

      1. Article 1

      2. Article 2

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

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

        3. 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

      7. Article 7

      8. Article 8

      9. Article 9

      10. Article 10

      11. Article 11

      12. Article 12

      13. Article 13

      14. Article 14

    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

        3. Article 36

      2. TITLE VI FINAL PROVISIONS

        1. Article 37

        2. Article 38

        3. Article 39

        4. Article 40

        5. Article 41

    4. SCHEDULE 4

  16. Explanatory Note

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