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

Explanatory Note

(This note is not part of the Order)

This Order amends the Civil Jurisdiction and Judgments Act 1982, in consequence of a revision of the 1968 Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters and the 1971 Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities. The revision of the Convention and the Protocol was occasioned by the accession to them of the Kingdom of Spain and the Portuguese Republic, and the effect of this Order will be to extend the reciprocal application of the Convention accordingly. For convenience, the amended texts of the Convention and the Protocol are set out in Schedules 1 and 2 respectively. Further, two transitional provisions in the 1978 Accession Convention have been revoked, and the amended text is set out in Schedule 3.

The 1968 Convention (the Brussels Convention) was drawn up between the six original Member States of the European Community under Article 220 of the Treaty, which provides that Member States shall enter into negotiations with each other with a view to securing for the benefit of their nationals, inter alia , the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals. The Convention established a scheme to determine the international jurisdiction of the courts of the Member States, and to facilitate recognition and introduce an expeditious procedure for securing the enforcement of judgments within the Community.

The 1971 Protocol conferred jurisdiction on the Court of Justice of the Community to interpret the Convention.

On becoming a Member of the Community each State undertakes to accede to the Brussels Convention and the Protocol. The United Kingdom, Denmark and Ireland acceded by a Convention signed on 9 October 1978 and the Brussels Convention is now in force in each of these States — in the United Kingdom, by virtue of the Civil Jurisdiction and Judgments Act 1982. In turn, on joining the Community, Greece acceded by a Convention signed on 25th October 1982. The necessary amendments to the Civil Jurisdiction and Judgments Act 1982 were effected by S.I. 1989/1346 and are now in force. The Convention on the accession of the two remaining States, Spain and Portugal, was signed on 26th May 1989. By Article 32 of the Accession Convention, it enters into force following ratification by two signatory States, of which one must be Spain or Portugal. In a Joint Declaration the Member States declared themselves ready to take every appropriate measure with a view to ensuring that national procedures for the ratification of the Convention on the accession of Spain and Portugal are completed, at the latest, by 31st December 1992.

In the context of the accession of Spain and Portugal certain modifications have been incorporated into the text of the Brussels Convention in the light of experience of its operation in practice. These modifications are reflected in the revised text of Articles 5, 6, 16, 17, 21, 31, 50, 52, 54, 54A, 57, 58, 60 and 64. The most significant of these changes are those affecting the rules on jurisdiction in Articles 5, 6 and 16, relating to contracts of employment, matters relating to a contract where the action may be combined with an action relating to rights in rem , and proceedings having as their object tenancies of immovable property for temporary private use. These modifications also serve to align the Brussels Convention with the EEC—EFTA Convention on jurisdiction and the enforcement of judgments in civil and commercial matters done at Lugano on 16th September 1988.