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The Civil Jurisdiction and Judgments Regulations 2009

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This is the original version (as it was originally made).

Amendments to the Civil Jurisdiction and Judgments Act 1982

This section has no associated Explanatory Memorandum

12.—(1) In section 11(1) omit “and the Lugano Convention”.

(2) After section 11 insert—

Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention

11A.(1) For the purposes of the Lugano Convention—

(a)a document, duly authenticated, which purports to be a copy of a judgment given by a court of a State bound by the Lugano Convention other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b)a certificate obtained in accordance with Article 54 and Annex V shall be evidence, and in Scotland sufficient evidence, that the judgment is enforceable in the State of origin which is bound by the Lugano Convention.

(2) A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a)to bear the seal of that court; or

(b)to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court.

(3) Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section..

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