Search Legislation

Civil Jurisdiction and Judgments Act 1991

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Civil Jurisdiction and Judgments Act 1991 (without Schedules)

 Help about opening options

Alternative versions:

Changes to legislation:

Civil Jurisdiction and Judgments Act 1991 is up to date with all changes known to be in force on or before 27 October 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Commencement Orders yet to be applied to the Civil Jurisdiction and Judgments Act 1991

Commencement Orders bringing legislation that affects this Act into force:

1 Implementation and interpretation of the Lugano Convention.U.K.

(1)The M1Civil Jurisdiction and Judgments Act 1982 (in this Act referred to as “the 1982 Act”) shall have effect with the insertion of the following after section 3—

3A The Lugano Convention to have the force of law.

(1)The Lugano Convention shall have the force of law in the United Kingdom, and judicial notice shall be taken of it.

(2)For convenience of reference there is set out in Schedule 3C the English text of the Lugano Convention.

3B Interpretation of the Lugano Convention.

(1)In determining any question as to the meaning or effect of a provision of the Lugano Convention, a court in the United Kingdom shall, in accordance with Protocol No. 2 to that Convention, take account of any principles laid down in any relevant decision delivered by a court of any other Lugano Contracting State concerning provisions of the Convention.

(2)Without prejudice to any practice of the courts as to the matters which may be considered apart from this section, the report on the Lugano Convention by Mr. P. Jenard and Mr. G. Möller (which is reproduced in the M2Official Journal of the Communities of 28th July 1990) may be considered in ascertaining the meaning or effect of any provision of the Convention and shall be given such weight as is appropriate in the circumstances.

(2)In section 9 of that Act, after subsection (1) (which, as amended, will govern the relationship between other conventions and the 1968 and Lugano Conventions) there shall be inserted—

(1A)Any question arising as to whether it is the Lugano Convention or any of the Brussels Conventions which applies in the circumstances of a particular case falls to be determined in accordance with the provisions of Article 54B of the Lugano Convention.

(3)After Schedule 3B to that Act there shall be inserted the Schedule 3C set out in Schedule 1 to this Act.

Commencement Information

I1Act wholly in force at 1.5.1992 see s. 5(3) and S.I. 1992/745, art. 2

Marginal Citations

M2O.J. 1990 No. C1 89/07

2 Interpretation of the 1982 Act.U.K.

(1)Section 1 of the 1982 Act (interpretation of references to the Conventions and Contracting States) shall be amended in accordance with the following provisions of this section.

(2)In subsection (1), in the definition of “the Conventions”, for the words “the Conventions" there shall be substituted the words “ the Brussels Conventions ”.

(3)At the end of that subsection there shall be added—

the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16th September 1988 and signed by the United Kingdom on 18th September 1989.

(4)In subsection (2), for paragraph (b) (citation of Articles) there shall be substituted—

(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.

(5)In subsection (3) (definition of “Contracting State”) for the words “In this Act “Contracting State” means—" there shall be substituted the words—

In this Act—

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; and

(b)in the application of the provision in relation to the Lugano Convention, a Lugano Contracting State;

Brussels Contracting State” means—.

(6)At the end of that subsection there shall be added—

Lugano Contracting State” means one of the original parties to the Lugano Convention, that is to say—

Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom,

being a State in relation to which that Convention has taken effect in accordance with paragraph 3 or 4 of Article 61.

Commencement Information

I2Act wholly in force at 1.5.1992 see s. 5(3) and S.I. 1992/745, art. 2

3 Other amendments of the 1982 Act.U.K.

The 1982 Act shall have effect with the amendments specified in Schedule 2 to this Act, which are either consequential on the amendments made by sections 1 and 2 above or otherwise for the purpose of implementing the Lugano Convention.

Commencement Information

I3Act wholly in force at 1.5.1992 see s. 5(3) and S.I. 1992/745, art. 2

4 Application to the Crown.U.K.

The amendments of the 1982 Act made by this Act bind the Crown in accordance with the provisions of section 51 of that Act.

Commencement Information

I4Act wholly in force at 1.5.1992 see s. 5(3) and S.I. 1992/745, art. 2

5 Short title, interpretation, commencement and extent.U.K.

(1)This Act may be cited as the Civil Jurisdiction and Judgments Act 1991.

(2)In this Act—

  • the 1982 Act” means the M3Civil Jurisdiction and Judgments Act 1982;

  • the Lugano Convention” has the same meaning as it has in the 1982 Act by virtue of section 2(3) above.

(3)This Act shall come into force on such day as the Lord Chancellor and the Lord Advocate may appoint in an order made by statutory instrument.

(4)This Act extends to Northern Ireland.

Commencement Information

I5Act wholly in force at 1.5.1992 see s. 5(3) and S.I. 1992/745, art. 2

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources