SCHEDULES
SCHEDULE 8 RULES AS TO JURISDICTION IN SCOTLAND
F3F2Examination as to jurisdiction and admissibility
Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7
F19
Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.
General
1
Subject to thefollowing Rules, persons shall be sued in the courtsfor the place where they are domiciled.[Article ]
Special jurisdiction
2
Subject to Rules 3 (jurisdiction over consumer contracts), 4 (exclusive jurisdiction) and 5 (prorogation)a person mayalso be sued—[Article 5]
1
where he has no fixed residence, in a court within whose jurisdiction he is personally cited;
2
in matters relating to a contract, in the courts for the place of performance of the obligation in question;[Article 5(1)]
3
in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred;[Article 5(3)]
4
as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that that court has jurisdiction to entertain civil proceedings;[Article 5(4)]
5
in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings,provided that an action . . . F4 of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person, and provided also that—
a
b
where the Secretary of State exercises his power to raise an action under section 19(8)(a) of the M3Supplementary Benefits Act 1976;[Article 5(2)]
this Rule shall apply as if the reference to the maintenance creditor were a reference to the mother of the child;
6
as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;[Article 5(5)]
7
in his capacity as settlor, trustee or beneficiary of a trustdomiciled in Scotlandcreated by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in theCourt of Session, or the appropriate sheriff court within the meaning of section 24A of the M4Trusts (Scotland) Act 1921;[Article 5(6)]
8
where he is not domiciled in the United Kingdom, in the courts for any place where—
a
any movable property belonging to him has been arrested; or
b
any immovable property in which he has any beneficial interest is situated;
9
in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated;
10
in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;
11
in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;
12
in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;
13
in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;
C114
in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;
15
a
where he is one of a number ofdefenders, in the courts for the place where any one of them is domiciled;
b
as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;
c
on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.[Article 6]
Jurisdiction over consumer contracts
3
1
In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called the “consumer",subject to Rule 4 (exclusive jurisdiction),jurisdiction shall be determined by thisRuleif it is—
a
a contract for the sale of goods on instalment credit terms; or
b
a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or
c
any other contract for the supply of goods or a contract for the supply of services,if—
i
the consumer took inScotland the steps necessary for the conclusion of the contract;or
ii
proceedings are brought in Scotland by virtue of section 10(3).[Article 13]
2
ThisRule shall not apply to contracts of transportor contracts of insurance.
3
A consumer may bring proceedings against the other party to a contractonly in—
a
the courtsfor the place in which that party is domiciled;
b
the courtsfor the place in which he is himself domiciled;or
c
any court having jurisdiction by virtue of Rule 2(6) or (9).[Article 14]
4
Proceedings may be brought against a consumer by the other party to the contract only in the courtsfor the place wherethe consumer is domiciledor any court having jurisdiction under Rule 2(9).
5
Nothing in this Rule shall affect the right to bring a counterclaim in the court in which,in accordance with this Rule, the original claim is pending.
6
The provisions of thisRulemay be departed from only by an agreement—
a
which is entered into after the dispute has arisen; or
b
which allows the consumer to bring proceedings ina court other thana court indicated in thisRule.[Article 15(1) and (2)]
Exclusive jurisdiction
4
1
Notwithstanding anything contained in any of Rules 1 to 3 above or 5 to 8 below, the following courts shall have exclusive jurisdiction—[Article 16]
a
in proceedings which have as their object rightsin rem in, or tenancies of, immovable property, the courtsfor the place where the property is situated;[Article 16(1)]
b
in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courtsfor the place wherethe company, legal person or association has its seat;[Article 16(2)]
c
in proceedings F5(other than proceedings under section 16 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987) which have as their object the validity of entries in public registers, the courtsfor the place where the register is kept;[Article 16(3)]
d
in proceedings concerned with the enforcement of judgments, the courtsfor the place where the judgment has been or is to be enforced.[Article 16(5)]
C22
Nothing in paragraph (1)(c) above affects jurisdiction in any proceedings concerning the validity of entries in registers of patents, trade marks, designs, or other similar rights required to be deposited or registered.
3
No court shall exercise jurisdiction in a case where immoveable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgment has been or is to be enforced is situated outside Scotland and where paragraph (1) above would apply if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland.
Prorogation of jurisdiction
5
1
If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have exclusive jurisdiction.[Article 17(1)]
2
Such an agreement conferring jurisdiction shall be either in writing or evidenced in writing or, in trade or commerce, in a form which accords with practices in that trade or commerce of which the parties are or ought to have been aware.[Article 17(1)]
3
The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.[Article 17(2)]
4
Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (3) above applies may be brought in any court in Scotland.
5
Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue ofRule 4 or where Rule 4(3) applies.[Article 17(3)]
6
1
Apart from jurisdiction derived from other provisions of thisSchedule,a court before whom a defender enters an appearance shall have jurisdiction.[Article 18]
2
This Rule shall not apply where appearance was entered solely to contest jurisdiction, or where another court has exclusive jurisdiction by virtue ofRule 4 or where Rule 4(3) applies.
Examination as to jurisdiction and admissibility
7
Where a court is seised of a claim which is principally concerned with a matter over whichanother court has exclusive jurisdiction by virtue ofRule 4, or where it is precluded from exercising jurisdiction by Rule 4(3), it shall declare of its own motion that it has no jurisdiction.[Article 19]
8
Wherein any case a court has no jurisdiction which is compatible with this Act, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.[Article 20]
Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1