Civil Jurisdiction and Judgments Act 1982

1 Interpretation of references to the Conventions and Contracting States.U.K.

(1)In this Act—

  • “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

  • “the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

  • “the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

  • [F1“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;]

  • [F2 “the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989]

  • [F3“the 1996 Accession Convention" means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,]

  • [F4“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague;]

  • [F5“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;]

  • [F6[F7 “the Brussels Conventions” ] means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention [F8, the 1989 Accession Convention and the 1996 Accession Convention].]

  • [F9“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30th October 2007 M1.]

  • [F10“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;]

  • [F11“the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);]

(2)In this Act, unless the context otherwise requires—

[F12(a)references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention [F13, the 1989 Accession Convention and the 1996 Accession Convention]; and]

(aa)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15[(b)any reference in any provision to a numbered Article without more is a reference—

(i)to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii)to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.]

[F16(3)In this Act—

  • [F17“2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;]

  • [F18“2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;]

  • “Contracting State”, without more, in any provision means—

    (a)

    in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; F19...

    (b)

    in the application of the provision in relation to the Lugano Convention, a [F20State bound by the Lugano Convention]; [F21and]

    (c)

    [F22in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;]

  • [F23“Brussels Contracting State” means a state which is one of the original parties to the 1968 Convention or one of the parties acceding to that Convention under the Accession Convention, or under the 1982 Accession Convention, or under the 1989 Accession Convention, but only with respect to any territory–

    (a)

    to which the Brussels Conventions apply; and

    (b)

    which is excluded from the scope of the Regulation pursuant to [F24Articles 349 and 355 of the Treaty on the Functioning of the European Union];]

  • [F25“Maintenance Regulation State”, in any provision, in the application of that provision in relation to the Maintenance Regulation means a Member State;]

  • [F26“State bound by the Lugano Convention”in any provision, in the application of that provision in relation to the Lugano Convention has the same meaning as in Article 1(3) of that Convention]

  • [F27“Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State.]]

(4)Any question arising as to whether it is the Regulation, any of [F28the Brussels Conventions, the Lugano Convention, or the 2005 Hague Convention] which applies in the circumstances of a particular case shall be determined as follows—

(a)in accordance with [F29Article 64] of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); F30...

(b)in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation) [F31; and]

[F32(c)in accordance with Article 26 of the 2005 Hague Convention (which determines the relationship between the Brussels Conventions, the Lugano Convention, the Regulation and the 2005 Hague Convention).]

Textual Amendments

F1Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3

F2Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.

F3S. 1(1): definition of "the 1996 Accession Convention" inserted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 3(a)

F6Definition in s. 1(1) substituted (1.10.1991) by S.I. 1990/2591, art. 4

F7Words in s. 1(1) substituted (1.5.1992) by virtue of Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 2(2), (with s. 4); S.I. 1992/745, art. 2

F8S. 1(1): words in definition of "the Brussels Conventions" substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 3(b)

F9S. 1(1): definition of "the Lugano Convention" substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 3(2) (with reg. 48)

F10S. 1(1): definition of "the Maintenance Regulation" inserted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 4(2)

F12S. 1(2)(a) substituted (1.10.1991) by S.I. 1990/2591, art. 5

F16S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

F20S. 1(3): words in definition of "Contracting State" substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 3(4)(a) (with reg. 48)

F23S. 1(3): definition of "Brussels Contracting State" substituted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 2(3)(a)

F25S. 1(3): definition of "Maintenance Regulation State" inserted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 4(3)

F26S. 1(3): definition of "Lugano Contracting State" substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 3(4)(b) (with reg. 48)

F27S. 1(3): definition of "Regulation State" substituted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 2(3)(b)

Marginal Citations

M1OJ No. L339, 21.12.2007 at p.3.