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The Civil Jurisdiction and Judgments Regulations 2009
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- 2009 No. 3131
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of these Regulations)
The Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters was agreed by the European Community, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark on 30th October 2007. It replaces the 1988 Convention on the same subject matter. The provisions of this new Convention are generally parallel in nature to those in Council Regulation (EC) No. 44/2001; this latter instrument operates within the European Community. The new Convention was ratified by the Council of Ministers on 18th May 2009 and enters into force for the European Community and Norway on 1st January 2010. On that date it will not enter into force in relation to Switzerland and Iceland because those countries will not, as at that date, have ratified it. In relation to those countries the 1988 convention will continue to apply until such time as those ratifications take place.
These Regulations amend various legislation, in particular the Civil Jurisdiction and Judgments Act 1982, the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997, the Civil Procedure Rules 1998, the Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures)(Scotland) Order 1997 and the Employment Tribunals (Enforcement of Judgments in Other Jurisdictions)(Scotland) Regulations 2002. These amendments make changes consequential upon the entry into force of the new Convention. The amendments to the 1982 Act generally mirror the provisions made by the Civil Jurisdiction and Judgments Order 2001 on the commencement of Council Regulation (EC) No. 44/2001. The Regulations also make provision in relation to authentic instruments and court settlements. These generally mirror the provisions made by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001 on the commencement of Council Regulation (EC) No. 44/2001.
These Regulations shall come into force on 1st January 2010.
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