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

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to Schedules 4 and 8 to the Civil Jurisdiction and Judgments Act 1982 which are appropriate in consequence of a revision of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in Civil and Commercial Matters. Substantive amendments were made to that Convention by the Convention signed on 26 May 1989, the primary purpose of which was to provide for the accession of Spain and Portugal to the 1968 Convention.

Schedule 4 to the 1982 Act contains rules for allocating jurisdiction between the courts of England and Wales, Scotland and Northern Ireland in civil and commercial proceedings the subject-matter of which is within the scope of the 1968 Convention. The rules are a modified version of Title II of the 1968 Convention. Schedule 8 contains rules for determining jurisdiction in Scotland, which are also based on Title II.

The amendments made by the 1989 Convention which relate to jurisdiction affect Articles 5(1) and 17(5) (contracts of employment), 6(4) (contracts and property), 16(1) (holiday homes), 17(1) (jurisdiction by agreement) and 21 (lis pendens). The amendments to Articles 5(1), 6(4), 16(1) and 17(5) are reflected in the amendments made to Schedules 4 and 8 by this Order. Articles 17(1) and 21 of the 1968 Convention had no counterpart in Schedules 4 and 8 to the 1982 Act and this Order makes no changes to those Schedules in respect of those Articles.