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The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1993

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3.  Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 (rules as to jurisdiction in Scotland) shall be amended as follows—

(a)in Rule 2—

(i)in paragraph (2), at the end, there shall be added—

  • in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one place, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated;;

(ii)after paragraph (15), there shall be added the following paragraph—

(16) in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immoveable property, in the courts for the place where the property is situated.;

(b)in Rule 4(1)(a), at the end, there shall be added—

  • however, in proceedings which have as their object tenancies of immoveable property concluded for temporary private use for a maximum period of six consecutive months, the courts for the place where the defender is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in Scotland;;

(c)in Rule 5, at the end, there shall be added the following paragraph—

(6) In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defender's domicile or those specified in Rule 2(2)..

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