EXPLANATORY NOTE
(This note is not part of the Regulations)
The Convention on Choice of Court Agreements (the “Convention”) was concluded at the Hague on 30th June 2005 and signed on behalf of the European Union on 1st April 2009 (for the text of the Convention see Annex 1 to Council Decision 2009/397/EC of 26th February 2009 on the signing on behalf of the European Community of the Convention on Choice of Court Agreements OJ No. L 133, 29.5.2009, p 1.). The Convention was ratified on behalf of the European Union on 11th June 2015 and will enter into force on 1st October 2015 for the Member States of the European Union and for Mexico, which is the only other State which has ratified the Convention to date.
The provisions of Article 25 of Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which deal with choice of court agreements and of Article 23 of the 2007 Convention on jurisdiction and recognition and enforcement of judgments in civil and commercial matters (the “Lugano Convention” OJ L 339, 21.12.2007, p 3), shall continue to apply to the extent specified by Article 26 of the Convention.
These Regulations make amendments to United Kingdom legislation consequential on the entry into force of the Convention. Regulations 2 to 20 amend the Civil Jurisdiction and Judgments Act 1982 (c. 27) to provide, in particular, for foreign judgments required to be recognised and enforced under the Convention to be registered under that Act on the application of an interested party and for a decision on such an application to be appealable on the grounds set out in the Convention. Regulations 21 and 22 make consequential amendments to the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 (S.I.1997/302) and the Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures) (Scotland) Order 1997 (S.I. 1997/2780 (S.174). Regulation 23 and the Schedule amend the Civil Procedure Rules 1998 (S.I.1998/3132) to provide for service of claims to which the Convention applies out of the jurisdiction and to make further provision as to the procedure for registration and enforcement of foreign judgments in England and Wales in accordance with the Convention. Regulations 24 and 25 make provisions in relation to judicial settlements which generally mirror the provisions made by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlement) Order 2001.
A regulatory impact assessment has not been prepared for this instrument as it has no significant impact on business, charities or voluntary bodies.