The Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997

Made12th February 1997

Laid before Parliament24th February 1997

Coming into force1st April 1997

At the Court at Buckingham Palace, the 12th day of February 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the power conferred on Her by section 25(3) of the Civil Jurisdiction and Judgments Act 19821, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.

This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 and shall come into force on 1st April 1997.

2.

The High Court in England and Wales or Northern Ireland shall have power to grant interim relief under section 25(1) of the Civil Jurisdiction and Judgments Act 1982 in relation to proceedings of the following descriptions, namely—

(a)

proceedings commenced or to be commenced otherwise than in F1... F2, a 2005 Hague Convention State F3... ;

(b)

F4proceedings whose subject-matter is not within F5scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention.

N. H. Nicholls

Clerk of the Privy Council

(This note is not part of the Order)

This Order enlarges the power of the High Court in England and Wales or Northern Ireland to grant interim relief in aid of legal proceedings in other countries. At present such relief can only be granted where the principal proceedings are taking place in a country which is a party to the 1968 Brussels Convention or the 1988 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and where the proceedings are within the scope of those Conventions. This Order removes those two limitations from the Courts' powers.