Part III Jurisdiction in Scotland

20 Rules as to jurisdiction in Scotland.

1

Subject to F10... Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.

2

Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.

3

F6Section 43 of the Courts Reform (Scotland) Act 2014 does not apply—

F1a

F7...in relation to any matter to which Schedule 8 applies.F9...

F9b

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F24

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5

In determining any question as to the meaning or effect of any provision contained in Schedule 8 F3 . . .—

a

regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention F4or Chapter II of the Regulation and to any relevant decision of that court as to the meaning or effect of any provision of that Title F5or that Chapter; and

b

without prejudice to the generality of paragraph (a), F11the expert reports relating to the 1968 Convention may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

F86

The requirement in subsection (5)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.