The Civil Jurisdiction and Judgments Regulations 2009

Amendments to the Civil Jurisdiction and Judgments Act 1982

This sectionnoteType=Explanatory Memorandum has no associated

7.  (1)  In section 6(1) omit “and the Lugano Convention”.

(2) In section 6(3) for “each of those Conventions” substitute “the 1968 Convention”.

(3) After section 6 insert—

Appeals under Article 44 and Annex IV of the Lugano Convention

6A.  (1)  The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);

(b)in Scotland, to the Inner House of the Court of Session.

(2) Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that House lies from a decision of the Court of Appeal).

(3) The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a maintenance order lies—

(a)in England and Wales, to a county court in accordance with section 111A of the Magistrates’ Courts Act 1980;

(b)in Scotland, to the Inner House of the Court of Session;

(c)in Northern Ireland, to the Court of Appeal..