The Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997

Statutory Instruments

1997 No. 302

JUDGMENTS

The Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997

Made

12th February 1997

Laid before Parliament

24th February 1997

Coming into force

1st April 1997

At the Court at Buckingham Palace, the 12th day of February 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the power conferred on Her by section 25(3) of the Civil Jurisdiction and Judgments Act 1982(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Modifications etc. (not altering text)

C1 Order applied (with modifications) (31.12.2020) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (S.I. 2018/1124), regs. 1, 7(3); 2020 c. 1, Sch. 5 para. 1(1)

1.  This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 and shall come into force on 1st April 1997. U.K.

Commencement Information

I1 Art. 1 in force at 1.4.1997, see art. 1

2.  The High Court in England and Wales or Northern Ireland shall have power to grant interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982 in relation to proceedings of the following descriptions, namely— U.K.

(a) proceedings commenced or to be commenced otherwise than in F1 ... [F2 , a 2005 Hague Convention State] F3 ... ;

(b) [F4 proceedings whose subject-matter is not within [F5 scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention]].

Textual Amendments

F1 Words in art. 2(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 71(a)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 2(a) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 21

F3 Words in art. 2(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 71(a)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 2(b) substituted (1.3.2002) by The Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929), art. 1(b), Sch. 3 para. 26(b)

F5 Words in art. 2(b) substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 71(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Art. 2 in force at 1.4.1997, see art. 1

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order enlarges the power of the High Court in England and Wales or Northern Ireland to grant interim relief in aid of legal proceedings in other countries. At present such relief can only be granted where the principal proceedings are taking place in a country which is a party to the 1968 Brussels Convention or the 1988 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and where the proceedings are within the scope of those Conventions. This Order removes those two limitations from the Courts' powers.

(1)

1982 c. 27; section 25 has been amended by paragraph 12 of Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c. 12) and paragraph (c) of section 25(3) has been repealed by section 107(2) of the Arbitration Act 1996 (c. 23) with effect from 31st January 1997.