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The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015

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Application of provisions of the Civil Jurisdiction and Judgments Act 1982 to judicial settlements

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25.—(1) In this regulation—

(a)the Act” means the Civil Jurisdiction and Judgments Act 1982; and

(b)“judicial settlements” means judicial settlements referred to in Article 12 of the 2005 Hague Convention.

(2) Subject to the modification specified in paragraph (3), sections 4B(1), 6B(2), 7 and 11B(3) of the Act apply to judicial settlements as if they were judgments.

(3) In the application of section 4B(6) of the Act to judicial settlements, for “as if the judgment had been originally given” substitute “as if it were a judgment which had been originally given”.

(4) The disapplication of section 18(4) of the Act (enforcement of United Kingdom judgments in other parts of the United Kingdom) by section 18(7) extends to judicial settlements enforceable in a 2005 Hague Convention State outside the United Kingdom which fall to be treated for the purposes of their enforcement as judgments of a court of law in the United Kingdom by virtue of registration under the Act.

(5) Section 48(5) of the Act (matters for which rules of court may provide) applies to judicial settlements as if they were judgments to which the 2005 Hague Convention applies.

(1)

Section 4B is inserted by regulation 4.

(2)

Section 6B is inserted by regulation 5.

(3)

Section 11B is inserted by regulation 8.

(4)

Section 18 was amended by S.I. 2011/1484 and 2012/2814. There are other amendments not relevant for the purposes of these Regulations.

(5)

Section 48 was amended by section 3 of, and Schedule 2 paragraph 23 to, the Civil Jurisdiction and Judgments Act 1991, section 17 of, and Schedule 11 Part 1 paragraphs 16 and 86 to, the Crime and Courts Act 2013, S.I. 2001/3929, 2011/1215, 2012/1770 and 2014/2947.

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