The Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1995

Statutory Instruments

1995 No. 2708

JUDGMENTS

The Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1995

Made

18th October 1995

Coming into force

1st December 1995

At the Court at Buckingham Palace, the 18th day of October 1995

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a Convention relating to the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Ottawa on 24th April 1984, was ratified on 1st October 1986 by Her Majesty and the Government of Canada and entered into force on 1st January 1987(1):

And whereas by section 9(2) of the Civil Jurisdiction and Judgments Act 1982(2), as amended by the Civil Jurisdiction and Judgments Act 1991(3), Her Majesty may declare a provision of a convention entered into by the United Kingdom to be a provision whereby the United Kingdom assumed an obligation of a kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters opened for signature at Lugano on 16th September 1988 (“the 1988 Convention”):

And whereas Her Majesty and the Government of Canada have agreed in an Exchange of Notes dated 7th November 1994 and 17th February 1995(4), in circumstances permitted by Article 59 of the 1988 Convention, that the United Kingdom would not recognise or enforce under that Convention certain judgments given in a third state which is a party to that Convention against a person domiciled or habitually resident in Canada:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933(5) and section 9(2) of the Civil Jurisdiction and Judgments Act 1982 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

(1)

The text of the Convention is set out in the Schedule to S.I. 1987/468. That Order has been amended by S.I. 1987/2211, 1988/1304 and 1853, 1989/987, 1991/1724 and 1992/1731.

(2)

1982 c. 27.

(3)

1991 c. 12.

(4)

Cmnd. 2894.

(5)

1933 c. 13.