Civil Jurisdiction and Judgments Act 1982

1982 c. 27

^C1An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes.

Enacted[13th July 1982]^C46^C47

Part I Implementation of the Conventions¶

Main implementing provisions¶

1 Interpretation of references to the Conventions and Contracting States.¶

1 In this Act—

“the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;
“the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;
“the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;
“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;
“the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989
^F210...
the 1996 Hague Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague;
“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague;
“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;
“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague;
^F211...
^F214...
^F208...
“the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) ^F212... as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4) as that Regulation had effect and was applied immediately before IP completion day;

^F2192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In this Act—

“2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;
“2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;
“2019 Hague Convention State”, in any provision, in the application of that provision in relation to the 2019 Hague Convention, means a State bound by that Convention;
“Contracting State”, without more, in any provision means—
1. ^F215...
2. ^F215...
3. in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State; and
4. in the application of the provision in relation to the 2019 Hague Convention, a 2019 Hague Convention State.
^F216...
^F221...
^F217...
^F218...

^F2204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2412 The Brussels Conventions to have the force of law.¶

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^F2423 Interpretation of the Brussels Conventions.¶

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

^F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3B Interpretation of the Lugano Convention.¶

^F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3C The 1996 Hague Convention to have the force of law¶

1 The 1996 Hague Convention shall have the force of law in the United Kingdom.

2 For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—

a the declaration under Article 29 of the Convention, concerning applicable territorial units;

b the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;

c the declaration under Article 54 of the Convention, concerning the use of French.

3 For convenience of reference there are set out in Schedules 3D and 3E respectively—

a the English text of the 1996 Hague Convention;

b the declarations referred to in subsection (2).

3D The 2005 Hague Convention to have the force of law¶

1 The 2005 Hague Convention shall have the force of law in the United Kingdom.

2 For the purposes of this Act the 2005 Hague Convention is to be read together with the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts.

3 For convenience of reference there are set out in Schedules 3F and 3FA respectively—

a the English text of the 2005 Hague Convention;

b the declarations referred to in subsection (2).

3E The 2007 Hague Convention to have the force of law¶

1 The 2007 Hague Convention shall have the force of law in the United Kingdom.

2 For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—

a the declaration under Article 2(3) of the Convention, concerning spousal support;

b the reservation under Article 44(3) of the Convention, concerning the use of French;

c the declaration under Article 11(1)(g) of the Convention, concerning application contents;

d the unilateral declaration concerning the application of the Convention.

3 For convenience of reference there are set out in Schedules 3G and 3GA respectively—

a the English text of the 2007 Hague Convention;

b the reservations and declarations referred to in subsection (2).

3F The 2019 Hague Convention to have the force of law¶

1 The 2019 Hague Convention shall have the force of law in the United Kingdom.

2 For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H.

Supplementary provisions as to recognition and enforcement of judgments¶

^F2434 Enforcement of judgments other than maintenance orders.¶

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^F2444A Enforcement of judgments, other than maintenance orders, under the Lugano Convention¶

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^C334B Registration and enforcement of judgments under the 2005 Hague Convention¶

1 Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

2 In subsection (1) “the appropriate court” means—

a in England and Wales or Northern Ireland, the High Court;

b in Scotland, the Court of Session.

3 On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—

a the requirements of Article 13 of the 2005 Hague Convention have been met, and

b the judgment—

i meets the condition in Article 8(3) of the 2005 Hague Convention, and

ii otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.

4 The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

5 Where a judgment ^F389... has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

6 A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

7 Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.

^C554C Registration and enforcement of judgments under the 2019 Hague Convention¶

1 Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.

2 In subsection (1) “the appropriate court” means—

a in England and Wales or Northern Ireland, the High Court;

b in Scotland, the Court of Session.

3 On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that—

a the requirements of Article 12 of the 2019 Hague Convention have been met, and

b the judgment—

i meets the condition in Article 4(3) of the 2019 Hague Convention,

ii meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and

iii otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention.

4 The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

5 Where a judgment has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

^F2455 Recognition and enforcement of maintenance orders.¶

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^F2465A Recognition and enforcement of maintenance orders under the Lugano Convention¶

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^F2476 Appeals under Article 37, second paragraph and Article 41.¶

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^F2486A Appeals under Article 44 and Annex IV of the Lugano Convention¶

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6B Applications to set aside decisions on registration of judgments under the 2005 Hague Convention¶

1 Either party may apply to set aside the decision on an application under section 4B(1).

2 An application under subsection (1) must be made—

a in England and Wales or Northern Ireland, to the High Court;

b in Scotland, to the Court of Session.

3 Where an application under subsection (1) is brought against a decision to register a judgment, the court—

a must set aside the decision and refuse to register the judgment if it is satisfied that—

i the condition in Article 8(3) of the 2005 Hague Convention is not met, or

ii the judgment otherwise does not meet the requirements of the 2005 Hague Convention;

b may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies.

4 Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

a must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i the condition in Article 8(3) of the 2005 Hague Convention is met,

ii the judgment otherwise meets the requirements of the 2005 Hague Convention, and

iii none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies;

b may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i the condition in paragraph (a)(i) is met,

ii the requirements referred to in paragraph (a)(ii) are met, and

iii one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

5 Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.

^C566C Applications to set aside decisions on registration of judgments under the 2019 Hague Convention¶

1 Either party may apply to set aside a decision on an application under section 4C(1).

2 An application under subsection (1) must be made—

a in England and Wales or Northern Ireland, to the High Court;

b in Scotland, to the Court of Session.

3 Where an application under subsection (1) is brought against a decision to register a judgment, the court—

a must set aside the decision and refuse to register the judgment if it is satisfied that—

i the condition in Article 4(3) of the 2019 Hague Convention is not met,

ii none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or

iii the judgment otherwise does not meet the requirements of the 2019 Hague Convention;

4 Where an application under subsection (1) is brought against a decision not to register a judgment, the court—

a must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i the condition in Article 4(3) of the 2019 Hague Convention is met,

ii at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,

iii the judgment otherwise meets the requirements of the 2019 Hague Convention, and

iv none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies;

b may set aside the decision and register the judgment in the prescribed manner if it is satisfied that—

i the condition in paragraph (a)(i) is met,

ii the requirements referred to in sub-paragraphs (ii) and (iii) of paragraph (a) are met, and

iii one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,

or otherwise considers that it is appropriate to do so.

5 Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C.

^C2^C3^C30^C547 Interest on registered judgments.¶

1 ^F249... Where in connection with an application for registration of a judgment under section ^F250... 4B^F251... , 4C, 6B or 6C the applicant shows—

a that the judgment provides for the payment of a sum of money; and

b that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, ^F252... from the registration of the judgment shall carry interest in accordance with the registered particulars.

2 Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

^F2563 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2554 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 ^F253... Debts under judgments registered under section ^F254... 4B^F257... , 4C, 6B or 6C shall carry interest only as provided by this section.

^F2588 Currency of payment under registered maintenance orders.¶

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Other supplementary provisions¶

9 Provisions supplementary to Article 26 of the 2005 Hague Convention and Article 23 of the 2019 Hague Convention.¶

1 ^F259... Article 26 of the 2005 Hague Convention and Article 23 of the 2019 Hague Convention (which make provision for the relationship between those Conventions and other conventions to which Contracting States are or may become parties) shall have effect in relation to—

a any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

b any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

^F81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22210 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.¶

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^F22311 Proof and admissibility of certain judgments and related documents.¶

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^F22411A Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention¶

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^C3411B Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention¶

1 For the purposes of the 2005 Hague Convention—

a a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

b a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.

2 A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

a to bear the seal of that court; or

b to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

3 Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.

^C5711C Proof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague Convention¶

1 For the purposes of the 2019 Hague Convention—

a a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2019 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown, and

b a certificate issued by the court of the 2019 Hague Convention State of origin, in the form recommended for use under the 2019 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 12(3) of the 2019 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2019 Hague Convention State of origin.

2 A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

a to bear the seal of that court, or

b to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

3 Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.

^C412 Provision for issue of copies of, and certificates in connection with, U.K. judgments.¶

Rules of court may make provision for enabling any interested party wishing to secure under ^F225... the 2005 Hague Convention or the 2019 Hague Convention the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

a a copy of the judgment; and

b a certificate giving particulars relating to the judgment and the proceedings in which it was given.

^F22613 Modifications to cover authentic instruments and court settlements.¶

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^F22714 Modifications consequential on revision of the Conventions.¶

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15 Interpretation of Part I and consequential amendments.¶

1 In this Part, unless the context otherwise requires—

“judgment” has the meaning given by ^F228... Article 4(1) of the 2005 Hague Convention or, as the case may be, Article 3(1) of the 2019 Hague Convention;
^F229...
^F230...
“prescribed” means prescribed by rules of court.

^C52 References in this Part to a judgment registered under sections ^F231... 4B^F232... , 4C, 6B or 6C include, to the extent of its registration, references to a judgment so registered to a limited extent only.

^F181^C53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^X14 The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

Part II Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom¶

Jurisdiction in consumer and employment matters¶

15A Scope of sections 15B to 15E¶

1 Sections 15B to 15E make provision about the jurisdiction of courts in the United Kingdom—

a in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom;

b in matters relating to individual contracts of employment.

2 Sections 15B and 15C apply only if the subject-matter of the proceedings and the nature of the proceedings are within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings).

3 Sections 15B to 15E do not apply to proceedings of a description listed in Schedule 5 or to proceedings in Scotland under an enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

15B Jurisdiction in relation to consumer contracts¶

1 This section applies in relation to proceedings whose subject-matter is a matter relating to a consumer contract where the consumer is domiciled in the United Kingdom.

2 The consumer may bring proceedings against the other party to the consumer contract—

a where the other party to the consumer contract is domiciled in the United Kingdom, in the courts of the part of the United Kingdom in which the other party to the consumer contract is domiciled, or

b in the courts for the place where the consumer is domiciled (regardless of the domicile of the other party to the consumer contract).

3 Proceedings may be brought against the consumer by the other party to the consumer contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

4 Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).

5 Subsections (2) and (3) do not affect—

a the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,

b the operation of rule 3(e) or (h)(ii) of Schedule 4, or

c the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.

6 Subsections (2) and (3) may be departed from only by an agreement—

a which is entered into after the dispute has arisen,

b which allows the consumer to bring proceedings in courts other than those indicated in this section, or

c which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the United Kingdom and in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part of the United Kingdom, provided that such an agreement is not contrary to the law of that part of the United Kingdom.

7 For the purposes of this section, where a consumer enters into a consumer contract with a party who is not domiciled in the United Kingdom, the other party to the contract is deemed to be domiciled in a particular part of the United Kingdom if that party has a branch, agency or establishment in that part of the United Kingdom and the dispute arose out of the operations of that branch, agency or establishment.

15C Jurisdiction in relation to individual contracts of employment¶

1 This section applies in relation to proceedings whose subject-matter is a matter relating to an individual contract of employment.

2 The employer may be sued by the employee—

a where the employer is domiciled in the United Kingdom, in the courts for the part of the United Kingdom in which the employer is domiciled,

b in the courts for the place in the United Kingdom where or from where the employee habitually carries out the employee's work or last did so (regardless of the domicile of the employer), or

c if the employee does not or did not habitually carry out the employee's work in any one part of the United Kingdom or any one overseas country, in the courts for the place in the United Kingdom where the business which engaged the employee is or was situated (regardless of the domicile of the employer).

3 If the employee is domiciled in the United Kingdom, the employer may only sue the employee in the part of the United Kingdom in which the employee is domiciled (regardless of the domicile of the employer).

4 Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).

5 Subsections (2) and (3) do not affect—

a the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,

b the operation of rule 3(e) of Schedule 4,

c the operation of rule 5(a) of Schedule 4 so far as it permits an employer to be sued by an employee, or

d the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.

6 Subsections (2) and (3) may be departed from only by an agreement which—

a is entered into after the dispute has arisen, or

b allows the employee to bring proceedings in courts other than those indicated in this section.

7 For the purposes of this section, where an employee enters into an individual contract of employment with an employer who is not domiciled in the United Kingdom, the employer is deemed to be domiciled in the relevant part of the United Kingdom if the employer has a branch, agency or other establishment in that part of the United Kingdom and the dispute arose from the operation of that branch, agency or establishment.

15D Further provision as to jurisdiction¶

1 Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of section 15B(6) or 15C(6).

2 Even if it would not otherwise have jurisdiction under section 15B or 15C, a court of a part of the United Kingdom before which a defendant enters an appearance has jurisdiction in those proceedings.

3 Subsection (2) does not apply where —

a appearance was entered to contest the jurisdiction, or

b another court in the United Kingdom has exclusive jurisdiction by virtue of rule 11 of Schedule 4.

4 Subsection (2) does not apply if the defendant is the consumer or employee in relation to the subject-matter of the proceedings, unless the defendant is informed by the court of—

a the defendant's right to contest the jurisdiction, and

b the consequences of entering or not entering an appearance.

5 Subsection (6) applies where—

a a defendant domiciled in the United Kingdom is sued in a court of a part of the United Kingdom other than the part in which the defendant is domiciled and does not enter an appearance, and

b the subject-matter of the proceedings is a matter in relation to which section 15B or 15C applies.

6 The court must—

a declare of its own motion that it has no jurisdiction, unless it has jurisdiction by virtue of section 15B or 15C or a rule referred to in section 15B(4) or (5) or 15C(4) or (5);

b stay the proceedings so long as it is not shown that—

i the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable the defendant to arrange for the defendant's defence, or

ii all necessary steps have been taken to this end.

7 Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, by virtue of section 15B or 15C or this section, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.

15E Interpretation¶

1 In sections 15A to 15D and this section—

“consumer”, in relation to a consumer contract, means a person who concludes the contract for a purpose which can be regarded as being outside the person's trade or profession;
“consumer contract” means—
1. a contract for the sale of goods on instalment credit terms,
2. a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or
3. a contract which has been concluded with a person who—
  1. pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled, or
  2. by any means, directs such activities to that part or to other parts of the United Kingdom including that part,
  and which falls within the scope of such activities,
but it does not include a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation or a contract of insurance,
“defendant” includes defender.

2 In determining any question as to the meaning or effect of any provision contained in sections 15A to 15D and this section—

a regard is to be had to any relevant principles laid down before IP completion day by the European Court in connection with Title II of the 1968 Convention or Chapter 2 of the Regulation and to any relevant decision of that court before IP completion day as to the meaning or effect of any provision of that Title or Chapter, and

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

Jurisdiction in other civil proceedings¶

16 Allocation within U.K. of jurisdiction in certain civil proceedings.¶

1 The provisions set out in Schedule 4 (which contains a modified version of Chapter II of the Regulation) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where—

a the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings); and

b the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in Article 24 of the Regulation (exclusive jurisdiction regardless of domicile).

1A This section and Schedule 4 do not apply for the purposes of determining jurisdiction in proceedings in relation to which section 15B, 15C or 15D(2) applies, except as specified in those sections.

^F142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In determining any question as to the meaning or effect of any provision contained in Schedule 4—

a regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention or 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 or that Chapter; and

b without prejudice to the generality of paragraph (a), the 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.

3A The requirement in subsection (3)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.

4 The provisions of this section and Schedule 4 shall have effect subject to ^F237... ^F240... ^F238... and the 2005 Hague Convention and to the provisions of sections 15B, 15C, 15D and 17.

^X25 In section 15(1)(a) of the ^M1Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—

17 Exclusion of certain proceedings from Schedule 4.¶

^C61 Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

2 Her Majesty may by Order in Council—

a add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and

b remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection).

3 An Order in Council under subsection (2)—

a may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and

b may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

4 An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Recognition of judgments¶

^C7^C45^C22^C23^C24^C3118 Enforcement of U.K. judgments in other parts of U.K.¶

1 In relation to any judgment to which this section applies—

a Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

b Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

2 In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

a any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

b any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or the county court;

c any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

d any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

e an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

f an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation ^F149... within the meaning given by section 341 of that Act or an unexplained wealth order made under that Part (see sections 362A and 396A of that Act);

g an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation , a detained property investigation , a frozen funds investigation or a cryptoasset investigation within the meanings given by section 341 of that Act;

and, subject to the following provisions of this section, this section applies to all such judgments.

3 Subject to subsections (4) , (4ZA) and (4ZB), this section does not apply to—

a a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;

b a judgment given in proceedings other than civil proceedings;

ba a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section 426 of the Insolvency Act 1986;

c a judgment given in proceedings relating to—

^F20i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii the obtaining of title to administer the estate of a deceased person;

d an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).

4 This section applies, whatever the nature of the proceedings in which it is made, to—

a a decree issued under section 13 of the ^M2Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);

b an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the ^M3Contempt of Court Act 1981 or section 140 of the ^M4Senior Courts Act 1981 (which relate to fines for contempt of court and forfeiture of recognisances).

4ZA This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.

4ZB This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland—

a an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002;

b an order for the forfeiture of money made under section 303Z14 of that Act;

ba a crypto wallet freezing order made under section 303Z37 of that Act;

bb an order for the forfeiture of cryptoassets made under section 303Z41 or 303Z45 of that Act;

c an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

d an order for the forfeiture of money made under paragraph 10Z2 of that Schedule.

da a crypto wallet freezing order made under paragraph 10Z7BB of that Schedule;

db an order for the forfeiture of cryptoassets made under paragraph 10Z7CA or 10Z7CE of that Schedule.

4A This section does not apply as respects—

a the enforcement in Scotland of orders made by the High Court or the county court in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or

b the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of the Proceeds of Crime (Scotland) Act 1995

5 This section does not apply to so much of any judgment as—

a is an order to which section 16 of the ^M5Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);

b concerns the status or legal capacity of an individual;

c relates to the management of the affairs of a person not capable of managing his own affairs;

d is a provisional (including protective) measure other than an order of any of the following kinds—

i a freezing order of the kind mentioned in paragraph (a) , (ba) , (c) or (da) of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland);

ii an order for the making of an interim payment;

iii an interim order made in connection with the civil recovery of proceeds of unlawful conduct;

iv an interim freezing order under section 362J of the Proceeds of Crime Act 2002;

v an interim freezing order under section 396J of that Act.

and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.

6 The following are within subsection (5)(b), but without prejudice to the generality of that provision—

a a judicial separation order or a decree of judicial separation or of separation;

b any order which is a Part I order for the purposes of The Family Law Act 1986.

6A In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful conduct” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002—

a a property freezing order or prohibitory property order;

b an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order);

c an interim receiving order or interim administration order.

d an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order).

^C8^C9^C527 This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the ^M6Administration of Justice Act 1920, Part I of the ^M7Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the ^M8Maintenance Orders (Reciprocal Enforcement) Act 1972 , the International Recovery of Maintenance (Hague Convention 2007) Regulations 2012 ^F261... ^F260... , or section 4B, 4C, 6B or 6C of this Act.

8 A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.

19 Recognition of U.K. judgments in other parts of U.K.¶

1 A judgment to which this section applies given in one part of the United Kingdom shall not be refused recognition in another part of the United Kingdom solely on the ground that, in relation to that judgment, the court which gave it was not a court of competent jurisdiction according to the rules of private international law in force in that other part.

2 Subject to subsection (3), this section applies to any judgment to which section 18 applies.

3 This section does not apply to—

a the documents mentioned in paragraph (c) of the definition of “judgment” in section 18(2);

b the awards and orders mentioned in paragraphs (d) and (e) of that definition;

c the decrees and orders referred to in section 18(4).

Part III Jurisdiction in Scotland¶

20 Rules as to jurisdiction in Scotland.¶

1 Subject to ^F264... 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 Section 43 of the Courts Reform (Scotland) Act 2014 does not apply—

a ^F144...in relation to any matter to which Schedule 8 applies.^F263...

^F263b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F274 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 In determining any question as to the meaning or effect of any provision contained in Schedule 8 ^F28 . . .—

6 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.

21 Continuance of certain existing jurisdictions.¶

^C101 Schedule 8 does not affect—

a the operation of any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds;

b without prejudice to the foregoing generality, the jurisdiction of any court in respect of any matter mentioned in Schedule 9.

2 Her Majesty may by Order in Council—

a add to the list in Schedule 9 any description of proceedings; and

b remove from that list any description of proceedings (whether included in the list as originally enacted or added by virtue of this subsection).

3 An Order in Council under subsection (2) may—

a make different provision for different descriptions of proceedings or for the same description of proceedings in different courts; and

b contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

4 An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

22 Supplementary provisions.¶

1 Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground offorum non conveniens.

2 Nothing in Schedule 8 affects the operation of any enactment or rule of law under which a court may decline to exercise jurisdiction because of the prorogation by parties of the jurisdiction of another court.

3 For the avoidance of doubt, it is declared that nothing in Schedule 8 affects thenobile officium of the Court of Session.

4 Where a court has jurisdiction in any proceedings by virtue of Schedule 8, that court shall also have jurisdiction to determine any matter which—

a is ancilliary or incidental to the proceedings; or

b requires to be determined for the purposes of a decision in the proceedings.

23 Savings and consequential amendments.¶

1 Nothing in Schedule 8 shall affect—

a the power of any court to vary or recall a maintenance order granted by that court;

b the power of a sheriff court under section 22 of the ^M9Maintenance Orders Act 1950 (discharge and variation of maintenance orders registered in sheriff courts) to vary or discharge a maintenance order registered in that court under Part II of that Act; or

c the power of a sheriff court under section 9 of the ^M10Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of maintenance orders registered in United Kingdom courts) to vary or revoke a registered order within the meaning of Part I of that Act.

^X32 The enactments specified in Part II of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on Schedule 8.

Part IV Miscellaneous Provisions¶

Provisions relating to jurisdiction¶

24 Interim relief and protective measures in cases of doubtful jurisdiction.¶

1 Any power of a court in England and Wales or Northern Ireland to grant interim relief pending trial or pending the determination of an appeal shall extend to a case where—

a the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; ^F270...

^F270b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F266c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F268d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where—

a the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them; ^F271...

^F271b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F267c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F269d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section.

25 Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings.¶

1 The High Court in England and Wales or Northern Ireland shall have power to grant interim relief where—

a proceedings have been or are to be commenced in ^F273... a 2005 Hague Convention State ^F274... ^F272... other than the United Kingdom or in a part of the United Kingdom other than that in which the High Court in question exercises jurisdiction; and

b they are or will be proceedings whose subject-matter is ^F275... ^F283... ^F276... within scope of the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention (whether or not ^F277...^F284... ^F278... the 2005 Hague Convention has effect in relation to the proceedings).

2 On an application for any interim relief under subsection (1) the court may refuse to grant that relief if, in the opinion of the court, the fact that the court has no jurisdiction apart from this section in relation to the subject-matter of the proceedings in question makes it inexpedient for the court to grant it.

^C483 Her Majesty may by Order in Council extend the power to grant interim relief conferred by subsection (1) so as to make it exercisable in relation to proceedings of any of the following descriptions, namely—

a proceedings commenced or to be commenced otherwise than in ^F279... a 2005 Hague Convention State ^F280... ^F285...;

b proceedings whose subject-matter is not within the scope ^F31. . . of ^F281... ^F286..., ^F282... the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention.

^F32c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 An Order in Council under subsection (3)—

a may confer power to grant only specified descriptions of interim relief;

b may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

c may impose conditions or restrictions on the exercise of any power conferred by the Order.

^F335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 In this section “interim relief”, in relation to the High Court in England and Wales or Northern Ireland, means interim relief of any kind which that court has power to grant in proceedings relating to matters within its jurisdiction, other than—

a a warrant for the arrest of property; or

b provision for obtaining evidence.

26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.¶

1 Where in England and Wales or Northern Ireland a court stays or dismisses Admiralty proceedings on the ground that the dispute in question should be submitted ^F34 . . . to the determination of the courts of another part of the United Kingdom or of an overseas country, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—

a order that the property arrested be retained as security for the satisfaction of any award or judgment which—

i is given in respect of the dispute in the ^F35 . . . legal proceedings in favour of which those proceedings are stayed or dismissed; and

ii is enforceable in England and Wales or, as the case may be, in Northern Ireland; or

b order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award or judgment.

2 Where a court makes an order under subsection (1), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant ^F36 . . . legal proceedings.

3 Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order made by a court under subsection (1) as would apply if it were held for the purposes of proceedings in that court.

27 Provisional and protective measures in Scotland in the absence of substantive proceedings.¶

1 The Court of Session may, in any case to which this subsection applies—

a subject to subsection (2)(c), grant a warrant for the arrestment of any assets situated in Scotland;

b subject to subsection (2)(c), grant a warrant of inhibition over any property situated in Scotland;

ba subject to subsection (2)(c) below, grant a warrant for the interim attachment of corporeal moveable property situated in Scotland; and

c grant interim interdict.

2 Subsection (1) applies to any case in which—

a proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, ^F292... ^F287... , in another 2005 Hague Convention State or in England and Wales or Northern Ireland;

b the subject-matter of the proceedings ^F293... is within scope of^F288...is within the scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention; and

c in relation to paragraphs (a) , (b) and (ba) of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court;

but it shall not be necessary, in determining whether proceedings have been commenced for the purpose of paragraph (a) of this subsection, to show that any document has been served on or notice given to the defender.

3 Her Majesty may by Order in Council confer on the Court of Session power to do anything mentioned in subsection (1) or in section 28 in relation to proceedings of any of the following descriptions, namely—

a proceedings commenced otherwise than in ^F294... ^F289... a 2005 Hague Convention State;

b proceedings whose subject-matter is not within the scope of ^F295... ^F290... the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention;

c arbitration proceedings;

d in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in ^F296..., ^F291...or a 2005 Hague Convention State.

4 An Order in Council under subsection (3)—

a may confer power to do only certain of the things mentioned in subsection (1) or in section 28;

c may impose conditions or restrictions on the exercise of any power conferred by the Order.

5 Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.¶

^F401 When any proceedings have been brought, or are likely to be brought, ^F297... in a 2005 Hague Convention State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the Regulation as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the ^M11Administration of Justice (Scotland) Act 1972 as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as if the proceedings in question had been brought, or were likely to be brought, in that court.

^F2982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29 Service of county court process outside Northern Ireland.¶

The County Court Rules Committee established by Article 46 of the ^M12County Courts (Northern Ireland) Order 1980 may make county court rules with respect to the service of process outside Northern Ireland and the conditions subject to which process may be so served; and accordingly in Article 48 of that Order (powers of Rules Committee), after paragraph (e) there shall be added—

30 Proceedings in England and Wales or Northern Ireland for torts to immovable property.¶

1 The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property.

2 Subsection (1) has effect subject to ^F299... the provisions set out in Schedule 4.

Provisions relating to recognition and enforcement of judgments¶

31 Overseas judgments given against states, etc.¶

1 A judgement given by a court of an overseas country against a state other than the United Kingdom or the state to which that court belongs shall be recognised and enforced in the United Kingdom if, and only if—

a it would be so recognised and enforced if it had not been given against a state; and

b that court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the United Kingdom in accordance with sections 2 to 11 of the ^M13State Immunity Act 1978.

2 References in subsection (1) to a judgment given against a state include references to judgments of any of the following descriptions given in relation to a state—

a judgments against the government, or a department of the government, of the state but not (except as mentioned in paragraph (c)) judgments against an entity which is distinct from the executive organs of government;

b judgments against the sovereign or head of state in his public capacity;

c judgments against any such separate entity as is mentioned in paragraph (a) given in proceedings relating to anything done by it in the exercise of the sovereign authority of the state.

3 Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of a judgment to which Part I of the ^M14Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the ^M15Carriage of Goods by Road Act 1965, section 17(4) of the ^M16Nuclear Installations Act 1965, section 166(4) of the Merchant Shipping Act 1995, regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005^F45. . . .

4 Sections 12, 13 and 14(3) and (4) of the State Immunity Act 1978 (service of process and procedural privileges) shall apply to proceedings for the recognition or enforcement in the United Kingdom of a judgment given by a court of an overseas country (whether or not that judgment is within subsection (1) of this section) as they apply to other proceedings.

5 In this section “state", in the case of a federal state, includes any of its constituent territories.

32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes.¶

1 Subject to the following provisions of this section, a judgment given by a court of an overseas country in any proceedings shall not be recognised or enforced in the United Kingdom if—

a the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and

b those proceedings were not brought in that court by, or with the agreement of, the person against whom the judgment was given; and

c that person did not counterclaim in the proceedings or otherwise submit to the jurisdiction of that court.

2 Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.

3 In determining whether a judgment given by a court of an overseas country should be recognised or enforced in the United Kingdom, a court in the United Kingdom shall not be bound by any decision of the overseas court relating to any of the matters mentioned in subsection (1) or (2).

4 Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of—

a a judgment which is required to be recognised or enforced there under the 2005 Hague Convention ^F301... ^F300... , the 2007 Hague Convention or the 2019 Hague Convention;

b a judgment to which Part I of the ^M17Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the ^M18Carriage of Goods by Road Act 1965, section 17(4) of the ^M19Nuclear Installations Act 1965, ^F46 . . . regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005^F48. . . or section 177(4) of the Merchant Shipping Act 1995.

33 Certain steps not to amount to submission to jurisdiction of overseas court.¶

1 For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following purposes, namely—

a to contest the jurisdiction of the court;

b to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;

c to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.

2 Nothing in this section shall affect the recognition or enforcement in England and Wales or Northern Ireland of a judgment which is required to be recognised or enforced there under ^F303... ^F302... the 2007 Hague Convention or the 2005 Hague Convention.

34 Certain judgments a bar to further proceedings on the same cause of action.¶

No proceedings may be brought by a person in England and Wales or Northern Ireland on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court in another part of the United Kingdom or in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in England and Wales or, as the case may be, in Northern Ireland.

35 Minor amendments relating to overseas judgments.¶

1 The ^M20Foreign Judgments (Reciprocal Enforcement) Act 1933 shall have effect with the amendments specified in Schedule 10, being amendments whose main purpose is to enable Part I of that Act to be applied to judgments of courts other than superior courts, to judgments providing for interim payments and to certain arbitration awards.

^X42 For section 10 of the ^M21Administration of Justice Act 1920 (issue of certificates of judgments obtained in the United Kingdom) there shall be substituted—

^X43 In section 14 of the ^M22Administration of Justice Act 1920 (extent of Part II of that Act), after subsection (2) there shall be inserted—

36 Registration of maintenance orders in Northern Ireland.¶

1 Where—

a a High Court order or a Court of Session order has been registered in the High Court of Justice in Northern Ireland (“the Northern Ireland High Court”) under Part II of the ^M23Maintenance Orders Act 1950; or

b a family court order or a sheriff court order has been registered in a court of summary jurisdiction in Northern Ireland under that Part,

an application may be made to the original court for the registration of the order in, respectively, a court of summary jurisdiction in Northern Ireland or the Northern Ireland High Court.

2 In subsection (1) “the original court”, in relation to an order, means the court by which the order was made.

3 Section 2 (except subsection (6A)) and section 2A of the ^M24Maintenance Orders Act 1958 shall have effect for the purposes of an application under subsection (1), and subsections (2), (3), (4) and (4A) of section 5 of that Act shall have effect for the purposes of the cancellation of a registration made on such an application, as if—

a “registration” in those provisions included registration in the appropriate Northern Ireland court (“registered” being construed accordingly);

b any reference in those provisions to a High Court order or a magistrates’ court order included, respectively, a Court of Session order or a sheriff court order; and

c any other reference in those provisions to the High Court or a magistrates’ court included the Northern Ireland High Court or a court of summary jurisdiction in Northern Ireland;

d for section 2(6), there were substituted the following subsections—

6 Where a magistrates’ court order is registered under this Part of this Act in the High Court, then—

a if payments under the magistrates’ court order are required to be made (otherwise than to a collecting officer) by any method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.), any order requiring payment by that method shall continue to have effect after registration;

b any order by virtue of which sums payable under the magistrates’ court order are required to be paid to the collecting officer (whether or not by any method of payment falling within Article 85(7) of that Order) on behalf of the person entitled thereto shall cease to have effect.

6ZA Where a High Court or county court order is registered under this Part of this Act in a magistrates’ court, then—

a if a means of payment order (within the meaning of Article 96A(7) of the Judgments Enforcement (Northern Ireland) Order 1981) has effect in relation to the order in question, it shall continue to have effect after registration; and

b in any other case, the magistrates’ court shall order that all payments to be made under the order in question (including any arrears accrued before registration) shall be made to the collecting officer.

6ZB Any such order as to payment—

a as is referred to in paragraph (a) of subsection (6) of this section may be revoked, suspended, revived or varied by an exercise of the powers conferred by section 13A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966; and

b as is referred to in paragraph (a) or (b) of subsection (6ZA) of this section may be varied or revoked by an exercise of the powers conferred by section 12(2) or 13(2A) or (5A) of that Act of 1966.

6ZC Where by virtue of the provisions of this section or any order under subsection (6ZA)(b) of this section payments under an order cease to be or become payable to the collecting officer, the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.

6ZD In subsections (6), (6ZA) and (6ZC) of this section “collecting officer” means the officer mentioned in Article 85(4) of the Magistrates’ Courts (Northern Ireland) Order 1981.

4 Where an order is registered in Northern Ireland under this section, Part II of the ^M25Maintenance and Affiliation Orders Act (Northern Ireland) 1966, except sections 11, 11A and 14(2) and (3), shall apply as if the order had been registered in accordance with the provisions of that Part , as if—

a in section 12(2), for modifications of Article 98(8B) to (8D) of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in that subsection there were substituted the modifications specified in section 18(3ZA) of the Maintenance Orders Act 1950 (enforcement of registered orders); and

b for section 13(5A), there were substituted the following subsection—

“ Subject to the following provisions of this section, paragraphs (4) to (11) of Article 86 of the Magistrates’ Courts (Northern Ireland) Order 1981 (power of clerk and court to vary maintenance orders) shall apply in relation to a registered order as they apply in relation to a maintenance order made by a court of summary jurisdiction (disregarding Article 25(2) of the Domestic Proceedings (Northern Ireland) Order 1980) but—

a as if for paragraph (4)(b) there were substituted—

^F182...

b as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (9)”;

c as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;

d as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (9)”;

e as if for paragraphs (9) and (10) there were substituted the following paragraphs—

“ The powers of the court are—

a the power to order that payments under the order be made directly to the collecting officer;

b the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

c the power to make an attachment of earnings order under Part IX to secure payments under the order.

10 In deciding which of the powers under paragraph (9) above it is to exercise, the court shall have regard to any representations made by the debtor.

10A Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (9) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“ the court proposes to exercise its power under sub-paragraph (b) of Article 86(9)

5 A court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear an application by or against a person residing outside Northern Ireland for the discharge or variation of an order registered in Northern Ireland under this section; and where such an application is made against a person residing outside Northern Ireland, then, if he resides in England and Wales or Scotland, section 15 of the ^M26Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the application as it has effect in relation to the proceedings therein mentioned.

5A Article 165 of the Children (Northern Ireland) Order 1995 (provision which may be made by magistrates’ courts rules, etc.) shall apply for the purpose of giving effect to subsection (5) above as it applies for the purpose of giving effect to that Order, except that in the application of that Article by virtue of this subsection “relevant proceedings” means any application made, or proceedings brought, by virtue of that subsection and any part of such proceedings.

^X56 The enactments specified in Part III of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this section.

37 Minor amendments relating to maintenance orders.¶

1 The enactments specified in Schedule 11 shall have effect with the amendments specified there, being amendments whose main purpose is as follows—

Part I—to extend certain enforcement provisions to lump sum maintenance orders;
Part II—to provide for the recovery of interest according to the law of the country of origin in the case of maintenance orders made in other jurisdictions and registered in the High Court;
Part III—to extend the ^M27Maintenance Orders (Reciprocal Enforcement) Act 1972 to cases where the payer under a maintenance order is not resident within the jurisdiction but has assets there.

^F542 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^X638 Overseas judgments counteracting an award of multiple damages.¶

1 Section 7 of the ^M28Protection of Trading Interests Act 1980 (which enables provision to be made by Order in Council for the enforcement in the United Kingdom on a reciprocal basis of overseas judgments directed to counteracting a judgement for multiple dammages given in the third country) shall be amended as follows.

2 In subsection (1) for “judgements given under any provision of the law of that country corresponding to that section” there shall be substituted “ judgments of any description specified in the Order which are given under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to a judgement for multiple damages within the meaning of section 5(3) above, whether or not that provision corresponds to section 6 above ”.

3 After subsection (1) there shall be inserted—

Jurisdiction, and recognition and enforcement of judgments, as between United Kingdom and certain territories¶

39 Application of provisions corresponding to 1968 Convention in relation to certain territories.¶

1 Her Majesty may by Order in Council make provision corresponding to the provision made by the 1968 Convention as between the Contracting States to that Convention, with such modifications as appear to Her Majesty to be appropriate, for regulating, as between the United Kingdom and any of the territories mentioned in subsection (2), the jurisdiction of courts and the recognition and enforcement of judgments.

2 The territories referred to in subsection (1) are—

a the Isle of Man;

b any of the Channel Islands;

c Gibraltar;

d the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the ^M29Cyprus Act 1960).

c any colony.

3 An Order in Council under this section may contain such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient, including in particular provisions corresponding to or applying any of the provisions of Part I with such modifications as may be specified in the Order.

4 Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Legal aid¶

40 Power to modify enactments relating to legal aid etc.¶

^F561 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F572 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1453 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V Supplementary and General Provisions¶

Domicile¶

^C11^C26^C49^C51^C5841 Domicile of individuals.¶

1 ^F304... The following provisions of this section determine, for the purposes of ^F305...this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom ^F306....

^C362 An individual is domiciled in the United Kingdom if and only if—

a he is resident in the United Kingdom; and

b the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

^C363 Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

a he is resident in that part; and

b the nature and circumstances of his residence indicate that he has a substantial connection with that part.

4 An individual is domiciled in a particular place in the United Kingdom if and only if he—

a is domiciled in the part of the United Kingdom in which that place is situated; and

b is resident in that place.

^C375 An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

^C376 In the case of an individual who—

a is resident in the United Kingdom, or in a particular part of the United Kingdom; and

b has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

^F3077 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F30841A ¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C12^C27^C50^C5142 Domicile and seat of corporation or association.¶

^C381 For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.

2 The following provisions of this section determine where a corporation or association has its seat—

^F311a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and (c).

^C393 A corporation or association has its seat in the United Kingdom if and only if—

a it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or

b its central management and control is exercised in the United Kingdom.

^C394 A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

a it has its registered office or some other official address in that part; or

b its central management and control is exercised in that part; or

c it has a place of business in that part.

4A For the purposes of sections 15A to 15E and rules 1, 2, 3, 5, 11(a)(ii) and 15(1) in Schedule 4, the requirement in subsection (4) that a corporation or association has its seat in the United Kingdom is to be treated as satisfied if the corporation or association satisfies the requirement in section 42A(2) for having its domicile in the United Kingdom.

5 A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and—

a it has its registered office or some other official address in that place; or

b its central management and control is exercised in that place; or

c it has a place of business in that place.

6 ^F312... A corporation or association has its seat in a state other than the United Kingdom if and only if—

a it was incorporated or formed under the law of that state and has its registered office or some other official address there; or

b its central management and control is exercised in that state.

6A Subsections (1), (3) and (6) are subject to section 42A.

^F3137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C408 In this section—

“business” includes any activity carried on by a corporation or association, and “place of business” shall be construed accordingly;
“official address”, in relation to a corporation or association, means an address which it is required by law to register, notify or maintain for the purpose of receiving notices or other communications.

42A Domicile of corporation or association for purposes of certain civil proceedings¶

1 This section determines whether a corporation or association is domiciled in the United Kingdom for the purposes of—

a sections 15A to 15E, and

b section 16(1)(b).

2 A corporation or association has its domicile in the United Kingdom if and only if—

a its registered office is at a place in the United Kingdom,

b its place of incorporation is in the United Kingdom (in a case where it has no registered office),

c the place under the law of which its formation took place is a place in the United Kingdom (in a case where it has no registered office or place of incorporation),

d its central administration is in the United Kingdom, or

e its principal place of business is in the United Kingdom.

43 Seat of corporation or association for purposes of certain provisions.¶

1 The following provisions of this section determine where a corporation or association has its seat for the purposes of—

^F314a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b rules 4 and 11(b) in Schedule 4; and

c rules 2(l) and 5(1)(b) in Schedule 8.

2 A corporation or association has its seat in the United Kingdom if and only if—

a it was incorporated or formed under the law of a part of the United Kingdom; or

b its central management and control is exercised in the United Kingdom.

3 A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

a subject to subsection (5), it was incorporated or formed under the law of that part; or

b being incorporated or formed under the law of a state other than the United Kingdom, its central management and control is exercised in that part.

4 A corporation or association has its seat in a particular place in Scotland if and only if it has its seat in Scotland and—

a it has its registered office or some other official address in that place; or

b it has no registered office or other official address in Scotland, but its central management and control is exercised in that place.

5 A corporation or association incorporated or formed under—

a an enactment forming part of the law of more than one part of the United Kingdom; or

b an instrument having effect in the domestic law of more than one part of the United Kingdom,

shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.

^F3156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 In this section “official address” has the same meaning as in section 42.

^F31743A Seat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano Convention¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F31844 Persons deemed to be domiciled in the United Kingdom for certain purposes.¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F31944A Persons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano Convention¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C2845 Domicile of trusts.¶

1 The following provisions of this section determine, for the purposes of ^F320... this Act, where a trust is domiciled.

^C412 A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.

^C413 A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.

^C2946 Domicile and seat of the Crown.¶

^C421 For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.

2 The following provisions of this section determine where the Crown has its seat—

^F321a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b for the purposes of this Act.

^C433 Subject to the provisions of any Order in Council for the time being in force under subsection (4)—

a the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom;

aa the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland; and

b the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.

4 Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of ^F322... this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.

5 An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.

6 Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

^C447 Nothing in this section applies to the Crown otherwise than in right of Her Majesty’s government in the United Kingdom , the Scottish Administration or Her Majesty’s government in Northern Ireland.

Other supplementary provisions¶

^F32347 Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C13^C14^C15^C21^C3248 Matters for which rules of court may provide.¶

^C531 Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act, ^F330... ^F324... the 1996 Hague Convention, the 2005 Hague Convention, the 2007 Hague Convention or the 2019 Hague Convention.

2 Rules of court may make provision as to the manner in which and the conditions subject to which a certificate or judgment—

a which has been registered in any court under any provision of this Act ^F142... or the 2007 Hague Convention,

^F336aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F337b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F338c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may be enforced, including provision for enabling the court or, in Northern Ireland the Enforcement of Judgments Office, subject to any conditions specified in the rules, to give directions about such matters.

3 Without prejudice to the generality of subsections (1) and (2), the power to make rules of court for the family court, the power to make rules of court for magistrates' courts in Northern Ireland, and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of ^F331... ^F325... , the 2007 Hague Convention and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters—

a authorising the service in another ^F332... ^F326... 2007 Hague Convention State of process issued by or for the purposes of the family court or a magistrates’ court and the service and execution in England and Wales or Northern Ireland of process issued in another ^F332... ^F326... 2007 Hague Convention State;

b requesting courts in other parts of the United Kingdom or in other ^F333... ^F327... 2007 Hague Convention States to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;

c the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;

d the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;

e the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another ^F334... ^F339... 2007 Hague Convention State,, or by a judge or official of such a court, which purport—

i to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or

ii to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or

iii to record information relating to the payments made under an order of that court;

f the circumstances and manner in which the family court or a magistrates’ court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;

g the cases and manner in which courts in other parts of the United Kingdom or in other ^F335... ^F328... 2007 Hague Convention States are to be informed of orders made, or other things done, by or for the purposes of the family court or a magistrates’ court;

h the circumstances and manner in which the family court or a magistrates’ court may communicate for other purposes with such courts;

i the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.

4 Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.

49 Saving for powers to stay, sist, strike out or dismiss proceedings.¶

Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with ^F340... the 2005 Hague Convention.

General¶

50 Interpretation: general.¶

In this Act, unless the context otherwise requires—

“the Accession Convention”, “the 1982 Accession Convention” and “the 1989 Accession Convention” have the meaning given by section 1(1);
^F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“association” means an unincorporated body of persons;
^F346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
^F348. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Contracting State” has the meaning given by section 1(3);
“the 1968 Convention” has the meaning given by section 1(1), and references to that Convention and to provisions of it are to be construed in accordance with section 1(2)(a);
^F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“corporation” means a body corporate, and includes a partnership subsisting under the law of Scotland;
“court”, without more, includes a tribunal;
“court of law”, in relation to the United Kingdom, means any of the following courts, namely—
1. the Supreme Court,
2. in England and Wales, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates' court,
3. in ^F136... Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates’ court,
4. in Scotland, the Court of Session , the Sheriff Appeal Court and a sheriff court;
“enactment” includes an enactment comprised in Northern Ireland legislation;
“the expert reports relating to the 1968 Convention” means—
(a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol;
(b) the report by Professor Peter Schlosser on the Accession Convention;
(c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention; and
(d) the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention;
“the 2005 Hague Convention” has the meaning given by section 1(1);
“2005 Hague Convention State” has the meaning given by section 1(3);
“the 2007 Hague Convention” has the meaning given by section 1(1);
“2007 Hague Convention State” has the meaning given by section 1(3);
“the 2019 Hague Convention” has the meaning given by section 1(1);
“2019 Hague Convention State” has the meaning given by section 1(3);
“the Crown” is to be construed in accordance with section 51(2);
“judgment”, subject to sections 15(1) and 18(2) and to paragraph 1 of Schedules 6 and 7, means any judgment or order (by whatever name called) given or made by a court in any civil proceedings;
^F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
^F347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;
^F341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
^F342. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“modifications” includes additions, omissions and alterations;
“overseas country” means any country or territory outside the United Kingdom;
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
“the 1971 Protocol” has the meaning given by section 1(1), and references to that Protocol and to provisions of it are to be construed in accordance with section 1(2)(a);
“the Regulation” has the meaning given by section 1(1);
^F349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“rules of court”, in relation to any court, means rules, orders or regulations made by the authority having power to make rules, orders or regulations regulating the procedure of that court, and includes—
1. in Scotland, Acts of Sederunt;
2. in Northern Ireland, Judgment Enforcement Rules;
^F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“statutory provision” means any provision contained in an Act, or in any Northern Ireland legislation, or in—
1. subordinate legislation (as defined in section 21(1) of the ^M30Interpretation Act 1978); or
2. any instrument of a legislative character made under any Northern Ireland legislation;
“tribunal”—
1. means a tribunal of any description other than a court of law;
2. ^F351...

51 Application to Crown.¶

1 This Act binds the Court.

2 In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

52 Extent.¶

1 This Act extends to Northern Ireland.

^C25^C352 Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say—

a the Isle of Man;

b any of the Channel Islands;

c any colony.

53 Commencement, transitional provisions and savings.¶

^P11 This Act shall come into force in accordance with the provisions of Part I of Schedule 13.

2 The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.

^X754 Repeals.¶

The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.

55 Short title.¶

This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.

SCHEDULES

^F189SCHEDULE 1 ¶

TEXT OF 1968 CONVENTION, AS AMENDED

^F189CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS^F189PREAMBLE^F189THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE 1 SCOPE¶

^F189Article 1¶

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to—

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1893. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1894. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE II JURISDICTION¶

^F189SECTION 1 GENERAL PROVISIONS¶

^F189Article 2¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 3¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 4¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 2 SPECIAL JURISDICTION¶

^F189Article 5¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 6¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 6a¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE¶

^F189Article 7¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 8¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 9¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 10¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 11¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 12¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 12a¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS¶

^F189Article 13¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 14¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 15¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 5 EXCLUSIVE JURISDICTION¶

^F189Article 16¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 6 PROROGATION OF JURISDICTION¶

^F189Article 17¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 18¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 7 EXAMINATION AS TO JURISDICTION AND ADMISSABILITY¶

^F189Article 19¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 20¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 8 LIS PENDENS—RELATED ACTIONS¶

^F189Article 21¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 22¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 23¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 9 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES¶

^F189Article 24¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE III RECOGNITION AND ENFORCEMENT¶

^F189Article 25¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 1 RECOGNITION¶

^F189Article 26¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 27¶

A judgment shall not be recognized—

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1893. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1894. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1895. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 28¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 29¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 30¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 2 ENFORCEMENT¶

^F189Article 31¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 32¶

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 33¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 34¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 35¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 36¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 37¶

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 38¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 39¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 40¶

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 41¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 42¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 43¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 44¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 45¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189SECTION 3 COMMON PROVISIONS¶

^F189Article 46¶

A party seeking recognition or applying for enforcement of a judgment shall produce—

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 47¶

A party applying for enforcement shall also produce—

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 48¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 49¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS¶

^F189Article 50¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 51¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE V GENERAL PROVISIONS¶

^F189Article 52¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 53¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE VI TRANSITIONAL PROVISIONS¶

^F189Article 54¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 54a¶

For a period of three years from 1st November 1987 for Denmark and from 1st June 1988 for Ireland, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 6 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10th May 1952, for one of these States, these provisions shall cease to have effect for that State.

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1893. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1894. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1895. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1896. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE VII RELATIONSHIP TO OTHER CONVENTIONS¶

^F189Article 55¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 56¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 57¶

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1893. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 58¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 59¶

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recongize judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognize a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property, belonging to the defendant, or the seizure by the plantiff of property situated there—

^F1891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189TITLE VIII FINAL PROVISIONS¶

^F189Article 60¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 61¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 62¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 63¶

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^F189Article 64¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 65¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 66¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 67¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article 68¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189ANNEXED PROTOCOL¶

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention.

^F189Article I¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article II¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F189Article III¶

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^F189Article IV¶

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^F189Article V¶

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^F189Article Va¶

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^F189Article Vb¶

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^F189Article Vc¶

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^F189Article Vd¶

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^F189Article Ve¶

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^F189Article VI¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190SCHEDULE 2 ¶

TEXT OF 1971 PROTOCOL, AS AMENDED

^F190

Article 1

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

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^F190

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^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 2

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1901. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1902. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1903. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 3

^F1901. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1902. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 4

^F1901. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1902. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1903. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1904. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1905. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 5

^F1901. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1902. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 6

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 7

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 8

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 9

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 10

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 11

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 12

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 13

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F190

Article 14

^F190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191SCHEDULE 3 ¶

TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

Section 2(2).

^F191TITLE V TRANSITIONAL PROVISIONS¶

^F191 Article 34¶

^F1911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1912. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191 Article 35¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191 Article 36¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191TITLE VI FINAL PROVISIONS¶

^F191 Article 37¶

^F191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191 Article 38¶

^F191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191 Article 39¶

^F191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191 Article 40¶

^F191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F191 Article 41¶

^F191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F192SCHEDULE 3A ¶

TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

Section 2(2)

^F192TITLE V Transitional provisions¶

^F192 Article 12¶

^F1921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1922. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F192TITLE VI Final Provisions¶

^F192 Article 13¶

^F192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F192 Article 14¶

^F192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F192 Article 15¶

^F192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F192 Article 16¶

^F192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F192 Article 17¶

^F192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193SCHEDULE 3B ¶

TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION

Section 2(2)

^F193TITLE VI TRANSITIONAL PROVISIONS¶

^F193 Article 29¶

^F1931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193TITLE VII FINAL PROVISIONS¶

^F193 Article 30¶

^F1931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193 Article 31¶

^F193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193 Article 32¶

^F1931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193 Article 33¶

^F193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193 Article 34¶

^F193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F194SCHEDULE 3BB ¶

TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION

^F194TITLE V TRANSITIONAL PROVISIONS¶

^F194Article 13¶

^F1941. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1942. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F194TITLE VI FINAL PROVISIONS¶

^F194Article 14¶

^F1941. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1942. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F194

Article 15

^F194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 16

^F1941. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1942. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 17

^F194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 18

^F194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F74^F74 Schedule 3C ¶

Arrangement of Provisions¶

TITLE I. SCOPE (Article 1)

TI TLE II. JURISDICTION

Section 1. General provisions (Articles 2-4).

Section 2. Special jurisdiction (Articles 5-6A).

Section 3. Jurisdiction in matters relating to insurance (Articles 7-12A).

Section 4. Jurisdiction over consumer contracts (Articles 13-15).

Section 5. Exclusive jurisdiction (Article 16).

Section 6. Prorogation of jurisdiction (Articles 17-18).

Section 7. Examination as to jurisdiction and admissibility (Articles 19-20).

Section 8.Lis pendens-related actions (Articles 21-23).

Section 9. Provisional, including protective, measures (Article 24).

TITLE III. RECOGNITION AND ENFORCEMENT

Definition of “judgment” (Article 25).

Section 1. Recognition (Articles 26-30).

Section 2. Enforcement (Articles 31-45).

Section 3. Common provisions (Articles 46-49).

TITLE IV. AUTHENTIC INSTRUMENTS AND COURT

SETTLEMENTS (Articles 50-51)

TITLE V. GENERAL PROVISIONS (Articles 52-53)

TITLE VI. TRANSITIONAL PROVISIONS (Articles 54-54A)

TITLE VII. RELATIONSHIP TO THE BRUSSELS CONVENTION

AND TO OTHER CONVENTIONS (Articles 54B-59)

TITLE VIII. FINAL PROVISIONS (Articles 60-68)

PROTOCOL NO. 1—ON CERTAIN QUESTIONS OF JURISDICTION,

PROCEDURE AND ENFORCEMENT

PROTOCOL NO. 2—ON THE UNIFORM INTERPRETATION OF THE

CONVENTION

PROTOCOL NO. 3—ON THE APPLICATION OF ARTICLE 57

CONVENTION¶

ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS¶

Preamble¶

The High Contracting Parties to this Convention,

Anxious to strengthen in their territories the legal protection of persons therein established,

Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements,

Aware of the links between them, which have been sanctioned in the economic field by the free trade agreements concluded between the European Economic Community and the States members of the European Free Trade Association,

Taking into account the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Accession Conventions under the successive enlargements of the European Communities,

Persuaded that the extension of the principles of that Convention to the States parties to this instrument will strengthen legal and economic co-operation in Europe,

Desiring to ensure as uniform an interpretation as possible of this instrument,

Have in this spirit decided to conclude this Convention and

Have agreed as follows:

TITLE I SCOPE¶

Article 1¶

This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to:

1. the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;

2. bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

3. social security;

4. arbitration.

TITLE II JURISDICTION¶

Section 1 General Provisions¶

Article 2¶

Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3¶

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them:— in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek),— in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),— in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),— in Greece: Article 40 of the code of civil procedure (Κωδικαsπολιτικηsδικονομιαs),— in France: Articles 14 and 15 of the civil code (Code civil),— in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,— in Iceland: Article 77 of the Civil Proceedings Act (lög um meδferδ einkamála í héraδi),— in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile),— in Luxembourg: Articles 14 and 15 of the civil code (Code civil),— in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),— in Norway: Section 32 of the Civil Proceedings Act (tvistemålsloven),— in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm),—in Poland, Articles 1103 and 1110, of the Code of Civil Procedure,— in Portugal: Articles 65(1)(c), 65(2) and 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),— in Switzerland: le for du lieu du séquestre/Gerichtsstand des Arrestortes/ foro del luogo del sequestro within the meaning of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz über das internationale Privatrecht/legge federale sul diritto internazionale privato,— in Finland: the second, third and fourth sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken),— in Sweden: the first sentence of Section 3 of Chapter 10 of the Code of Judicial Procedure (Rättegångsbalken),— in the United Kingdom: the rules which enable jurisdiction to be founded on:

(a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or

(b) the presence within the United Kingdom of property belonging to the defendant; or

Article 4¶

If the defendant is not domiciled in a Contracting State, the jurisdiction of the courts of each Contracting State shall, subject to the provisions of Article 16, be determined by the law of that State.

As against such a defendant, any person domiciled in a Contracting State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in the second paragraph of Article 3, in the same way as the nationals of that State.

Section 2 Special Jurisdiction¶

Article 5¶

A person domiciled in a Contracting State may, in another Contracting State, be sued:

2 ¶

in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;

3 ¶

in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;

4 ¶

as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

5 ¶

as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

6 ¶

in his capacity as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled;

7 ¶

as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:

a has been arrested to secure such payment,or

b could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6¶

A person domiciled in a Contracting State may also be sued:

2 ¶

as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

3 ¶

on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

4 ¶

in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.

Article 6A¶

Where by virtue of this Convention a court of a Contracting State has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.

Section 3 Jurisdiction in Matters Relating to Insurance¶

Article 7¶

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5).

Article 8¶

An insurer domiciled in a Contracting State may be sued:

2 ¶

in another Contracting State, in the courts for the place where the policy-holder is domiciled; or

3 ¶

if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 9¶

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 10¶

In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.

The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

If the law governing such direct actions provides that the policy-holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 11¶

Without prejudice to the provisions of the third paragraph of Article 10, an insurer may bring proceedings only in the courts of the Contracting State in which the defendant is domiciled, irrespective of whether he is the policy-holder, the insured or a beneficiary.

The provisions of this Section shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 12¶

The provisions of this Section may be departed from only by an agreement on jurisdiction:

2 ¶

which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; or

3 ¶

which is concluded between a policy-holder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of the State; or

4 ¶

which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State; or

5 ¶

which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12A.

Article 12A¶

The following are the risks referred to in Article 12(5):

2 ¶

any liability, other than for bodily injury to passengers or loss of or damage to their baggage;

a arising out of the use or operation of ships, installations or aircraft as referred to in (1)(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

b for loss or damage caused by goods in transit as described in (1)(b) above;

3 ¶

any financial loss connected with the use or operation of ships, installations or aircraft as referred to in (1)(a) above, in particular loss of freight or charter-hire;

4 ¶

any risk or interest connected with any of those referred to in (1) to (3) above.

Section 4 Jurisdiction Over Consumer Contracts¶

Article 13¶

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer”, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5), if it is:

2 ¶

a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

3 ¶

any other contract for the supply of goods or a contract for the supply of services, and

a in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and

b the consumer took in that State the steps necessary for the conclusion of the contract.Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.This Section shall not apply to contracts of transport.

Article 14¶

A consumer may bring proceedings against the other party to a contract either in the courts of the Contracting State in which that party is domiciled or in the courts of the Contracting State in which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Contracting State in which the consumer is domiciled.

These provisions shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 15¶

The provisions of this Section may be departed from only by an agreement:

2 ¶

which allows the consumer to bring proceedings in courts other than those indicated in this Section; or

3 ¶

which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

Section 5 Exclusive Jurisdiction¶

Article 16¶

The following courts shall have exclusive jurisdiction, regardless of domicile:

2 ¶

in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;

3 ¶

in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;

4 ¶

in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place;

5 ¶

in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

Section 6 Prorogation of Jurisdiction¶

Article 17¶

2 ¶

The court or courts of a Contracting State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

3 ¶

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

4 ¶

If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.

5 ¶

In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen.

Article 18¶

Apart from jurisdiction derived from other provisions of this Convention, a court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7 Examination as to Jurisdiction and Admissibility¶

Article 19¶

Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20¶

Where a defendant domiciled in one Contracting State is sued in a court of another Contracting State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Convention.

The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

The provisions of the foregoing paragraph shall be replaced by those of Article 15 of the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters, if the document instituting the proceedings or notice thereof had to be transmitted abroad in accordance with that Convention.

Section 8 LIS PENDENS— Related Actions¶

Article 21¶

Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Contracting States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 22¶

Where related actions are brought in the courts of different Contracting States, any court other than the court first seised may, while the actions are pending at first instance, stay its proceedings.

A court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the law of that court permits the consolidation of related actions and the court first seised has jurisdiction over both actions.

For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

Article 23¶

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.

Section 9 Provisional, Including Protective, Measures¶

Article 24¶

Application may be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another Contracting State have jurisdiction as to the substance of the matter.

TITLE III RECOGNITION AND ENFORCEMENT¶

Article 25¶

For the purposes of this Convention, “judgment” means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

Section 1 Recognition¶

Article 26¶

A judgment given in a Contracting State shall be recognised in the other Contracting States without any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognised.

If the outcome of proceedings in a court of a Contracting State depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 27¶

A judgment shall not be recognised:

2 ¶

where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence;

3 ¶

if the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought;

4 ¶

if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;

5 ¶

if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the State addressed.

Article 28¶

Moreover, a judgment shall not be recognised if it conflicts with the provisions of Section 3, 4 or 5 of Title II or in a case provided for in Article 59.

A judgment may furthermore be refused recognition in any case provided for in Article 54B(3) or 57(4).

In its examination of the grounds of jurisdiction referred to in the foregoing paragraphs, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

Subject to the provisions of the first and second paragraphs, the jurisdiction of the court of the State of origin may not be reviewed; the test of public policy referred to in Article 27(1) may not be applied to the rules relating to jurisdiction.

Article 29¶

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 30¶

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

A court of a Contracting State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin by reason of an appeal.

Section 2 Enforcement¶

Article 31¶

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32¶

1 ¶

The application shall be submitted:

— in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,
— in Denmark, to the byret,
— in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,
— in Greece, to the μονομελέsπρωτοδικεíο,
— in Spain, to the Juzgado de Primera Instancia,
— in France, to the presiding judge of the tribunal de grande instance,
— in Ireland, to the High Court,
— in Iceland, to the héraδsdómari,
— in Italy, to the corte d’appello,
— in Luxembourg, to the presiding judge of the tribunal d’arrondissement,
— in the Netherlands, to the presiding judge of the arrondissementsrechtbank,
— in Norway, to the herredsrett or byrett as namsrett,
— in Austria, to the Landesgericht or the Kreisgericht,
—in Poland, to the sad okregowy,
— in Portugal, to the Tribunal Judicial de Cigrculo,
— in Switzerland:
1. in respect of judgments ordering the payment of a sum of money, to the juge de la mainlevée/Rechtsöffnungsrichter/giudice competente a pronunciare sul rigetto dell’opposizione, within the framework of the procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz über Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento;
2. in respect of judgments ordering a performance other than the payment of a sum of money, to the juge cantonal d’exequatur compétent/zuständiger kantonaler Vollstreckungsrichter/giudice cantonale competente a pronunciare l’exequatur,
— in Finland, to the ulosotonhaltija/överexekutor,
— in Sweden, to the Svea hovrätt,
— in the United Kingdom:
1. in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State;
2. in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;
3. in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.

2 ¶

The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.

Article 33¶

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representativead litem.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34¶

The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

The application may be refused only for one of the reasons specified in Articles 27 and 28.

Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35¶

The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36¶

If enforcement is authorised, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorising enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37¶

1 ¶

An appeal against the decision authorising enforcement shall be lodged in accordance with the rules governing procedure in contentious matters:

— in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,
— in Denmark, with the landsret,
— in the Federal Republic of Germany, with the Oberlandesgericht,
— in Greece, with the έωερειο
— in Spain, with the Audiencia Provincial,
— in France, with the cour d’appel,
— in Ireland, with the High Court,
— in Iceland, with the héraδsdómari,
— in Italy, with the corte d’appello,
— in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,
— in the Netherlands, with the arrondissementsrechtbank,
— in Norway, with the lagmannsrett,
— in Austria, with the Landesgericht or the Kreisgericht,
—in Poland, to the sad okregowy by an appeal in cassation,
— in Portugal, with the Tribunal da Relação,
— in Switzerland, with the tribunal cantonal/Kantonsgericht/tribunale cantonale,
— in Finland, with the hovioikeus/hovrätt,
— in Sweden, with the Svea hovrätt,
— in the United Kingdom:
1. in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;
2. in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;
3. in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.

2 ¶

The judgment given on the appeal may be contested only:

— in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
— in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,
— in the Federal Republic of Germany, by a Rechtsbeschwerde,
— in Ireland, by an appeal on a point of law to the Supreme Court,
— in Iceland, by an appeal to the Hæstiréttur,
— in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts Kjæremålsutvalg or Hoyesterett,
— in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a Revision,
— in Portugal, by an appeal on a point of law,
— in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,
— in Finland, by an appeal to the korkein oikeus/högsta domstolen,
— in Sweden, by an appeal to the högsta domstolen,
— in the United Kingdom, by a single further appeal on a point of law.

Article 38¶

The court with which the appeal under the first paragraph of Article 37 is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39¶

During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to proceed to any such protective measures.

Article 40¶

1 ¶

If the application for enforcement is refused, the applicant may appeal:

— in Belgium, to the cour d’appel or hof van beroep,
— in Denmark, to the landsret,
— in the Federal Republic of Germany, to the Oberlandesgericht,
— in Greece, to the έωετειο,
— in Spain, to the Audiencia Provincial,
— in France, to the cour d’appel,
— in Ireland, to the High Court,
— in Iceland, to the héraδsdómari,
— in Italy, to the corte d’appello,
— in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,
— in the Netherlands, to the gerechtshof,
— in Norway, to the lagmannsrett,
— in Austria, to the Landesgericht or the Kreisgericht,
—in Poland, to the sad apelacyjny,
— in Portugal, to the Tribunal da Relação,
— in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale cantonale,
— in Finland, to the hovioikeus/hovrätt,
— in Sweden, to the Svea hovrätt,
— in the United Kingdom:
1. in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;
2. in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;
3. in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2 ¶

The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

Article 41¶

A judgment given on an appeal provided for in Article 40 may be contested only:

— in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,
— in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,
— in the Federal Republic of Germany, by a Rechtsbeschwerde,
— in Ireland, by an appeal on a point of law to the Supreme Court,
— in Iceland, by an appeal to the Hæstiréttur,
— in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts kjæremålsutvalg or Hoyesterett,
— in Austria, by a Revisionsrekurs,
—in Poland, by an appeal in cassation,
— in Portugal, by an appeal on a point of law,
— in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,
— in Finland, by an appeal to the korkein oikeus/högsta domstolen,
— in Sweden, by an appeal to the högsta domstolen,
— in the United Kingdom, by a single further appeal on a point of law.

Article 42¶

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorised for all of them, the court shall authorise enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43¶

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44¶

An applicant who, in the State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed.

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark or in Iceland in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from, respectively, the Danish Ministry of Justice or the Icelandic Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45¶

No security, bond or deposit, however described, shall be required of a party who in one Contracting State applies for enforcement of a judgment given in another Contracting State on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

Section 3 Common Provisions¶

Article 46¶

A party seeking recognition or applying for enforcement of a judgment shall produce:

2 ¶

in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.

Article 47¶

A party applying for enforcement shall also produce:

2 ¶

where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Article 48¶

If the documents specified in Article 46(2) and Article 47(2) are not produced, the court may specify a time for their production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with their production.

If the court so requires, a translation of the documents shall be produced; the translation shall be certified by a person qualified to do so in one of the Contracting States.

Article 49¶

No legalisation or other similar formality shall be required in respect of the documents referred to in Article 46 or 47 or the second paragraph of Article 48, or in respect of a document appointing a representativead litem.

TITLE IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS¶

Article 50¶

A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 31et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.

The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

The provisions of Section 3 of Title III shall apply as appropriate.

Article 51¶

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.

TITLE V GENERAL PROVISIONS¶

^C20 Article 52¶

In order to determine whether a party is domiciled in the Contracting State whose courts are seised of a matter, the court shall apply its internal law.

If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.

Article 53¶

For the purposes of this Convention, the seat of a company or other legal person or association of natural or legal persons shall be treated as its domicile. However, in order to determine that seat, the court shall apply its rules of private international law.

In order to determine whether a trust is domiciled in the Contracting State whose courts are seised of the matter, the court shall apply its rules of private international law.

TITLE VI TRANSITIONAL PROVISIONS¶

Article 54¶

The provisions of this Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.

However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III if jurisdiction was founded upon rules which accorded with those provided for either in Title II of this Convention or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

If the parties to a dispute concerning a contract had agreed in writing before the entry into force of this Convention that the contract was to be governed by the law of Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the United Kingdom shall retain the right to exercise jurisdiction in the dispute.

Article 54A¶

For a period of three years from the entry into force of this Convention for Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden, respectively, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 7 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of these States, these provisions shall cease to have effect for that State.

2 ¶

A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in 5.(o), (p) or (q) of this Article.

3 ¶

Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

4 ¶

When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.

5 ¶

The expression “maritime claim” means a claim arising out of one or more of the following:

a damage caused by any ship either in collision or otherwise;

b loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;

c salvage;

d agreement relating to the use or hire of any ship whether by charterparty or otherwise;

e agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

f loss of or damage to goods including baggage carried in any ship;

g general average;

h bottomry;

i towage;

j pilotage;

k goods or materials wherever supplied to a ship for her operation or maintenance;

l construction, repair or equipment of any ship or dock charges and dues;

m wages of masters, officers or crew;

n master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

o dispute as to the title to or ownership of any ship;

p disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

q the mortgage or hypothecation of any ship.

7 ¶

In Iceland, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “loigbann”, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (loig um kyrrsetningu og lögbann).

TITLE VII RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS¶

Article 54B¶

2 ¶

However, this Convention shall in any event be applied:

a in matters of jurisdiction, where the defendant is domiciled in the territory of a Contracting State which is not a member of the European Communities, or where Article 16 or 17 of this Convention confers a jurisdiction on the courts of such a Contracting State;

b in relation to alis pendens or to related actions as provided for in Articles 21 and 22, when proceedings are instituted in a Contracting State which is not a member of the European Communities and in a Contracting State which is a member of the European Communities;

c in matters of recognition and enforcement, where either the State of origin or the State addressed is not a member of the European Communities.

3 ¶

In addition to the grounds provided for in Title III recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a Contracting State which is not a member of the European Communities, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

Article 55¶

Subject to the provisions of the second paragraph of Article 54 and of Article 56, this Convention shall, for the States which are parties to it, supersede the following conventions concluded between two or more of them:

— the Convention between the Swiss Confederation and France on jurisdiction and enforcement of judgments in civil matters, signed at Paris on 15 June 1869,

— the Treaty between the Swiss Confederation and Spain on the mutual enforcement of judgments in civil or commercial matters, signed at Madrid on 19 November 1896,

— the Convention between the Swiss Confederation and the German Reich on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 2 November 1929,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments, signed at Copenhagen on 16 March 1932,

— the Convention between the Swiss Confederation and Italy on the recognition and enforcement of judgments, signed at Rome on 3 January 1933,

— the Convention between Sweden and the Swiss Confederation on the recognition and enforcement of judgments and arbitral awards, signed at Stockholm on 15 January 1936,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments relating to maintenance obligations, signed at Vienna on 25 October 1957,

— the Convention between the Swiss Confederation and Belgium on the recognition and enforcement of judgments and arbitration awards, signed at Berne on 29 April 1959,

— the Convention between the Federal Republic of Germany and Austria on the reciprocal recognition and enforcement of judgments, settlements and authentic instruments in civil and commercial matters, signed at Vienna on 6 June 1959,

— the Convention between the Kingdom of Belgium and Austria on the reciprocal recognition and enforcement of judgments, arbitral awards and authentic instruments in civil and commercial matters, signed at Vienna on 16 June 1959,

— the Convention between Austria and the Swiss Confederation on the recognition and enforcement of judgments, signed at Berne on 16 December 1960,

— the Convention between Norway and the United Kingdom providing for the reciprocal recognition and enforcement of judgments in civil matters, signed at London on 12 June 1961,

the Convention between Poland and Austria on Bilateral Relations in Civil Matters and on Documents signed at Vienna on December 11 1963,

the Convention between Poland and France on Applicable Law, Jurisdiction and the Enforcement of Judgments in the Field of Personal and Family Law, signed at Warsaw on April 5 1967,

— the Convention between the United Kingdom and Austria providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, signed at Vienna on 14 July 1961, with amending Protocol signed at London on 6 March 1970,

— the Convention between the Kingdom of the Netherlands and Austria on the reciprocal recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at The Hague on 6 February 1963,

— the Convention between France and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Vienna on 15 July 1966,

— the Convention between Luxembourg and Austria on the recognition and enforcement of judgments and authentic instruments in civil and commercial matters, signed at Luxembourg on 29 July 1971,

— the Convention between Italy and Austria on the recognition and enforcement of judgments in civil and commercial matters, of judicial settlements and of authentic instruments, signed at Rome on 16 November 1971,

— the Convention between Norway and the Federal Republic of Germany on the recognition and enforcement of judgments and enforceable documents, in civil and commercial matters, signed at Oslo on 17 June 1977,

— the Convention between Denmark, Finland, Iceland, Norway and Sweden on the recognition and enforcement of judgments in civil matters, signed at Copenhagen on 11 October 1977,

the Convention between Poland and Greece on Mutual Assistance in Civil and Criminal Matters, signed at Athens on October 24 1979,

— the Convention between Austria and Sweden on the recognition and enforcement of judgments in civil matters, signed at Stockholm on 16 September 1982,

— the Convention between Austria and Spain on the recognition and enforcement of judgments, settlements and enforceable authentic instruments in civil and commercial matters, signed at Vienna on 17 February 1984,

— the Convention between Norway and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 21 May 1984, and

— the Convention between Finland and Austria on the recognition and enforcement of judgments in civil matters, signed at Vienna on 17 November 1986.

the Convention between Poland and Italy on Mutual Assistance and the Recognition and Enforcement of Judgments in Civil Matters, signed at Warsaw on April 28 1989.

Article 56¶

The Treaty and the conventions referred to in Article 55 shall continue to have effect in relation to matters to which this Convention does not apply.

They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Convention.

Article 57¶

2 ¶

This Convention shall not prevent a court of a Contracting State which is party to a convention referred to in the first paragraph from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a Contracting State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.

3 ¶

Judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention referred to in the first paragraph shall be recognised and enforced in the other Contracting States in accordance with Title III of this Convention.

4 ¶

In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not a contracting party to a convention referred to in the first paragraph and the person against whom recognition or enforcement is sought is domiciled in that State, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

5 ¶

Where a convention referred to in the first paragraph to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures for recognition and enforcement of judgments may be applied.

Article 58¶

(None)¶

Article 59¶

This Convention shall not prevent a Contracting State from assuming, in a convention on the recognition and enforcement of judgments, an obligation towards a third State not to recognise judgments given in other Contracting States against defendants domiciled or habitually resident in the third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3.

However, a Contracting State may not assume an obligation towards a third State not to recognise a judgment given in another Contracting State by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there:

1. if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

2. if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIII FINAL PROVISIONS¶

Article 60¶

The following may be parties to this Convention:

States which, at the time of the opening of this Convention for signature, are members of the European Communities or of the European Free Trade Association;
States which, after the opening of this Convention for signature, become members of the European Communities or of the European Free Trade Association;
States invited to accede in accordance with Article 62(1)(b).

Article 61¶

2 ¶

The Convention shall be submitted for ratification by the signatory States. The instruments of ratification shall be deposited with the Swiss Federal Council.

3 ¶

The Convention shall enter into force on the first day of the third month following the date on which two States, of which one is a member of the European Communities and the other a member of the European Free Trade Association, deposit their instruments of ratification.

4 ¶

The Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.

Article 62¶

2 ¶

If an acceding State wishes to furnish details for the purposes of Protocol No. 1, negotiations shall be entered into to that end. A negotiating conference shall be convened by the Swiss Federal Council.

3 ¶

In respect of an acceding State, the Convention shall take effect on the first day of the third month following the deposit of its instrument of accession.

4 ¶

However, in respect of an acceding State referred to in paragraph 1(a) or (b), the Convention shall take effect only in relations between the acceding State and the Contracting States which have not made any objections to the accession before the first day of the third month following the deposit of the instrument of accession.

Article 63¶

Each acceding State shall, when depositing its instrument of accession, communicate the information required for the application of Articles 3, 32, 37, 40, 41 and 55 of this Convention and furnish, if need be, the details prescribed during the negotiations for the purposes of Protocol No. 1.

Article 64¶

2 ¶

At the end of the initial five-year period, the Convention shall be automatically renewed from year to year.

3 ¶

Upon the expiry of the initial five-year period, any Contracting State may, at any time, denounce the Convention by sending a notification to the Swiss Federal Council.

4 ¶

The denunciation shall take effect at the end of the calendar year following the expiry of a period of six months from the date of receipt by the Swiss Federal Council of the notification of denunciation.

Article 65¶

The following are annexed to this Convention:

— a Protocol No. 1, on certain questions of jurisdiction, procedure and enforcement,
— a Protocol No. 2, on the uniform interpretation of the Convention,
— a Protocol No. 3, on the application of Article 57.
These Protocols shall form an integral part of the Convention.

Article 66¶

Any Contracting State may request the revision of this Convention. To that end, the Swiss Federal Council shall issue invitations to a revision conference within a period of six months from the date of the request for revision.

Article 67¶

The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of:

the deposit of each instrument of ratification or accession;
the dates of entry into force of this Convention in respect of the Contracting States;
any denunciation received pursuant to Article 64;
any declaration received pursuant to Article Ia of Protocol No. 1;
any declaration received pursuant to Article Ib of Protocol No. 1;
any declaration received pursuant to Article IV of Protocol No. 1;
any communication made pursuant to Article VI of Protocol No. 1.

Article 68¶

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, all fourteen texts being equally authentic, shall be deposited in the archives of the Swiss Federal Council. The Swiss Federal Council shall transmit a certified copy to the Government of each State represented at the Diplomatic Conference of Lugano and to the Government of each acceding State.

Protocol No. 1 ON CERTAIN QUESTIONS OF JURISDICTION, PROCEDURE AND ENFORCEMENT¶

The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention:

Article I¶

Any person domiciled in Luxembourg who is sued in a court of another Contracting State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court. If the defendant does not enter an appearance the court shall declare of its own motion that it has no jurisdiction.

An agreement conferring jurisdiction, within the meaning of Article 17, shall be valid with respect to a person domiciled in Luxembourg only if that person has expressly and specifically so agreed.

Article Ia¶

2 ¶

This reservation shall not apply to the extent that at the time recognition or enforcement is sought a derogation has been granted from Article 59 of the Swiss Federal Constitution. The Swiss Government shall communicate such derogations to the signatory States and the acceding States.

3 ¶

This reservation shall cease to have effect on 31 December 1999. It may be withdrawn at any time.

Article Ib¶

Any Contracting State may, by declaration made at the time of signing or of deposit of its instrument of ratification or of accession, reserve the right, notwithstanding the provisions of Article 28, not to recognise and enforce judgments given in the other Contracting States if the jurisdiction of the court of the State of origin is based, pursuant to Article 16(1)(b), exclusively on the domicile of the defendant in the State of origin, and the property is situated in the territory of the State which entered the reservation.

Article II¶

Without prejudice to any more favourable provisions of national laws, persons domiciled in a Contracting State who are being prosecuted in the criminal courts of another Contracting State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.

However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Contracting States.

Article III¶

In proceedings for the issue of an order for enforcement, no charge, duty or fee calculated by reference to the value of the matter in issue may be levied in the State in which enforcement is sought.

Article IV¶

Judicial and extrajudicial documents drawn up in one Contracting State which have to be served on persons in another Contracting State shall be transmitted in accordance with the procedures laid down in the conventions and agreements concluded between the Contracting States.

Unless the State in which service is to take place objects by declaration to the Swiss Federal Council, such documents may also be sent by the appropriate public officers of the State in which the document has been drawn up directly to the appropriate public officers of the State in which the addressee is to be found. In this case the officer of the State of origin shall send a copy of the document to the officer of the State applied to who is competent to forward it to the addressee. The document shall be forwarded in the manner specified by the law of the State applied to. The forwarding shall be recorded by a certificate sent directly to the officer of the State of origin.

Article V¶

The jurisdiction specified in Articles 6(2) and 10 in actions on a warranty or guarantee or in any other third party proceedings may not be resorted to in the Federal Republic of Germany, in Spain, in Austria and in Switzerland. Any person domiciled in another Contracting State may be sued in the courts:

— of the Federal Republic of Germany, pursuant to Articles 68, 72, 73 and 74 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Spain, pursuant to Article 1482 of the civil code,

— of Austria, pursuant to Article 21 of the code of civil procedure (Zivilprozeßordnung) concerning third-party notices,

— of Switzerland, pursuant to the appropriate provisions concerning third-party notices of the cantonal codes of civil procedure.

Judgments given in the other Contracting States by virtue of Article 6(2) or Article 10 shall be recognised and enforced in the Federal Republic of Germany, in Spain, in Austria and in Switzerland in accordance with Title III. Any effects which judgments given in these States may have on third parties by application of the provisions in the preceding paragraph shall also be recognised in the other Contracting States.

Article Va¶

In matters relating to maintenance, the expression “court” includes the Danish, Icelandic and Norwegian administrative authorities.

In civil and commercial matters, the expression “court” includes the Finnish ulosotonhaltija/överexekutor.

Article Vb¶

In proceedings involving a dispute between the master and a member of the crew of a sea-going ship registered in Denmark, in Greece, in Ireland, in Iceland, in Norway, in Portugal or in Sweden concerning remuneration or other conditions of service, a court in a Contracting State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute. It shall stay the proceedings so long as he has not been notified. It shall of its own motion decline jurisdiction if the officer, having been duly notified, has exercised the powers accorded to him in the matter by a consular convention, or in the absence of such a convention has, within the time allowed, raised any objection to the exercise of such jurisdiction.

Article Vc¶

(None)¶

Article Vd¶

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the grant of European patents, signed at Munich on 5 October 1973, the courts of each Contracting State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State which is not a Community patent by virtue of the provision of Article 86 of the Convention for the European patent for the common market, signed at Luxembourg on 15 December 1975.

Article VI¶

The Contracting States shall communicate to the Swiss Federal Council the text of any provisions of their laws which amend either those provisions of their laws mentioned in the Convention or the lists of courts specified in Section 2 of Title III.

Protocol No. 2 ON THE UNIFORM INTERPRETATION OF THE CONVENTION¶

Preamble¶

The High Contracting Parties,

Having regard to Article 65 of this Convention,

Considering the substantial link between this Convention and the Brussels Convention,

Considering that the Court of Justice of the European Communities by virtue of the Protocol of 3 June 1971 has jurisdiction to give rulings on the interpretation of the provisions of the Brussels Convention,

Being aware of the rulings delivered by the Court of Justice of the European Communities on the interpretation of the Brussels Convention up to the time of signature of this Convention,

Considering that the negotiations which led to the conclusion of the Convention were based on the Brussels Convention in the light of these rulings,

Desiring to prevent, in full deference to the independence of the courts, divergent interpretations and to arrive at as uniform an interpretation as possible of the provisions of the Convention, and of these provisions and those of the Brussels Convention which are substantially reproduced in this Convention,

Have agreed as follows:

Article 1¶

The courts of each Contracting State shall, when applying and interpreting the provisions of the Convention, pay due account to the principles laid down by any relevant decision delivered by courts of the other Contracting States concerning provisions of this Convention.

Article 2¶

2 ¶

The central body is the Registrar of the Court of Justice of the European Communities.

Article 3¶

2 ¶

The Committee shall be composed of representatives appointed by each signatory and acceding State.

3 ¶

The European Communities (Commission, Court of Justice and General Secretariat of the Council) and the European Free Trade Association may attend the meetings as observers.

Article 4¶

2 ¶

The Committee, in the light of these exchanges, may also examine the appropriateness of starting on particular topics a revision of the Convention and make recommendations.

Protocol No. 3 ON THE APPLICATION OF ARTICLE 57¶

The High Contracting Parties have agreed as follows:

2 ¶

If one Contracting State is of the opinion that a provision contained in an act of the institutions of the European Communities is incompatible with the Convention, the Contracting States shall promptly consider amending the Convention pursuant to Article 66, without prejudice to the procedure established by Protocol No. 2.

SCHEDULE 3D ¶

Text of the 1996 Hague Convention

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children¶

(Concluded 19 October 1996)

The States signatory to the present Convention,

Considering the need to improve the protection of children in international situations,

Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,

Recalling the importance of international co-operation for the protection of children,

Confirming that the best interests of the child are to be a primary consideration,

Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision,

Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,

Have agreed on the following provisions—

CHAPTER I SCOPE OF THE CONVENTION¶

Article 1

1 The objects of the present Convention are—

a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;

b to determine which law is to be applied by such authorities in exercising their jurisdiction;

c to determine the law applicable to parental responsibility;

d to provide for the recognition and enforcement of such measures of protection in all Contracting States;

e to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.

2 For the purposes of this Convention, the term ‘parental responsibility’ includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians or other legal representatives in relation to the person or the property of the child.

Article 2

The Convention applies to children from the moment of their birth until they reach the age of 18 years.

Article 3

The measures referred to in Article 1 may deal in particular with—

a the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;

b rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child's habitual residence;

c guardianship, curatorship and analogous institutions;

d the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child;

e the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution;

f the supervision by a public authority of the care of a child by any person having charge of the child;

g the administration, conservation or disposal of the child's property.

Article 4

The Convention does not apply to—

a the establishment or contesting of a parent-child relationship;

b decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;

c the name and forenames of the child;

d emancipation;

e maintenance obligations;

f trusts or succession;

g social security;

h public measures of a general nature in matters of education or health;

i measures taken as a result of penal offences committed by children;

j decisions on the right of asylum and on immigration.

CHAPTER II JURISDICTION¶

Article 5

1 The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child's person or property.

2 Subject to Article 7, in case of a change of the child's habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.

Article 6

1 For refugee children and children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of Article 5.

2 The provisions of the preceding paragraph also apply to children whose habitual residence cannot be established.

Article 7

1 In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual residence in another State, and

a each person, institution or other body having rights of custody has acquiesced in the removal or retention; or

b the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.

2 The removal or the retention of a child is to be considered wrongful where—

a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and

b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

3 So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.

Article 8

1 By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either

— request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or
— suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State.

2 The Contracting States whose authorities may be addressed as provided in the preceding paragraph are—

a a State of which the child is a national,

b a State in which property of the child is located,

c a State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage,

d a State with which the child has a substantial connection.

3 The authorities concerned may proceed to an exchange of views.

4 The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child's best interests.

Article 9

1 If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child's best interests, they may either

— request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorised to exercise jurisdiction to take the measures of protection which they consider to be necessary, or
— invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.

2 The authorities concerned may proceed to an exchange of views.

3 The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.

Article 10

1 Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if—

a at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child, and

b the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person who has parental responsibility in relation to the child, and is in the best interests of the child.

2 The jurisdiction provided for by paragraph 1 to take measures for the protection of the child ceases as soon as the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.

Article 11

1 In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any necessary measures of protection.

2 The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken the measures required by the situation.

3 The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

Article 12

1 Subject to Article 7, the authorities of a Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take measures of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such measures are not incompatible with measures already taken by authorities which have jurisdiction under Article 5 to 10.

3 The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

Article 13

1 The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration.

2 The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.

Article 14

The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.

CHAPTER III APPLICABLE LAW¶

Article 15

1 In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.

2 However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a substantial connection.

3 If the child's habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.

Article 16

1 The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.

2 The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child's habitual residence at the time when the agreement or unilateral act takes effect.

3 Parental responsibility which exists under the law of the State of the child's habitual residence subsists after a change of that habitual residence to another State.

4 If the child's habitual residence changes, the attribution of parental responsibilty by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.

Article 17

The exercise of parental responsibility is governed by the law of the State of the child's habitual residence. If the child's habitual residence changes, it is governed by the law of the State of the new habitual residence.

Article 18

The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.

Article 19

1 The validity of a transaction entered into between a third party and another person who would be entitled to act as the child's legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child's legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law.

2 The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.

Article 20

The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.

Article 21

1 In this Chapter the term “law” means the law in force in a State other than its choice of law rules.

2 However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.

Article 22

The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.

CHAPTER IV RECOGNITION AND ENFORCEMENT¶

Article 23

1 The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.

2 Recognition may however be refused—

a if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II;

b if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the child having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State;

c on the request of any person claiming that the measure infringes his or her parental responsibility, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard;

d if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;

e if the measure is incompatible with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure fulfils the requirements for recognition in the requested State;

f if the procedure provided in Article 33 has not been complied with.

Article 24

1 Without prejudice to Article 23, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.

Article 25

The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.

Article 26

1 If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.

2 Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.

3 The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.

Article 27

Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.

Article 28

Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.

CHAPTER V CO-OPERATION¶

Article 29

1 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities.

2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

Article 30

1 Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention.

2 They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.

Article 31

1 The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to—

a facilitate the communications and offer the assistance provided for in Articles 8 and 9 and in this Chapter;

b facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies;

c provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of a child where it appears that the child may be present and in need of protection within the territory of the requested State.

Article 32

On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies,

a provide a report on the situation of the child;

b request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.

Article 33

1 If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care.

2 The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child's best interests.

Article 34

1 Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information.

2 A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.

Article 35

1 The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis.

2 The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision.

3 An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child's former habitual residence.

4 Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.

Article 36

In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child's residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.

Article 37

An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child's person or property in danger, or constitute a serious threat to the liberty or life of a member of the child's family.

Article 38

1 Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter.

2 Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.

Article 39

Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

CHAPTER VI GENERAL PROVISIONS¶

Article 40

1 The authorities of the Contracting State of the child's habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child's person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her.

2 The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary.

3 Each Contracting State shall designate the authorities competent to draw up the certificate.

Article 41

Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

Article 42

The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.

Article 43

All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.

Article 44

Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.

Article 45

1 The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law.

2 The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.

Article 46

A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.

Article 47

In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units—

1 any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;

2 any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;

3 any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;

4 any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection;

5 any reference to the State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;

6 any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection;

7 any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;

8 any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;

9 any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;

10 any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.

Article 48

For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply—

a if there are rules in force in such a State identifying which territorial unit's law is applicable, the law of that unit applies;

b in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.

Article 49

For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply—

a if there are rules in force in such a State identifying which among such laws applies, that law applies;

b in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.

Article 50

This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.

Article 51

In relations between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, and the Convention governing the guardianship of minors, signed at The Hague 12 June 1902, without prejudice to the recognition of measures taken under the Convention of 5 October 1961 mentioned above.

Article 52

1 This Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.

2 This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention.

3 Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention.

4 The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.

Article 53

1 The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State.

2 The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.

Article 54

1 Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English.

2 However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.

Article 55

1 A Contracting State may, in accordance with Article 60,

a reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;

b reserve the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.

2 The reservation may be restricted to certain categories of property.

Article 56

The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.

CHAPTER VII FINAL CLAUSES¶

Article 57

1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Eighteenth Session.

2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Article 58

1 Any other State may accede to the Convention after it has entered into force in accordance with Article 61, paragraph 1.

2 The instrument of accession shall be deposited with the depositary.

3 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 63. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

Article 59

1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

3 If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.

Article 60

1 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 59, make one or both of the reservations provided for in Articles 54, paragraph 2, and 55. No other reservation shall be permitted.

2 Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.

3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 61

1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57.

2 Thereafter the Convention shall enter into force—

a for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

b for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3;

c for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.

Article 62

1 A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.

2 The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.

Article 63

The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following—

a the signatures, ratifications, acceptances and approvals referred to in Article 57;

b the accessions and objections raised to accessions referred to in Article 58;

c the date on which the Convention enters into force in accordance with Article 61;

d the declarations referred to in Articles 34, paragraph 2, and 59;

e the agreements referred to in Article 39;

f the reservations referred to in Article 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2;

g the denunciations referred to in Article 62.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session.

SCHEDULE 3E ¶

Declarations made by the United Kingdom in relation to the 1996 Hague Convention

PART 1 Declaration concerning applicable territorial units¶

In accordance with Article 29, paragraph 2, of the Convention, the Government of the United Kingdom declares that it will interpret this paragraph as referring only to cases where the requesting Central Authority does not know to which applicable territorial unit their application should be addressed. In such cases the United Kingdom designates the Central Authority for England to transmit to the relevant Central Authority.

PART 2 Declaration concerning communication of requests under paragraph 1 of Article 34¶

In accordance with Article 34, paragraph 2, of the Convention, the Government of the United Kingdom declares that requests made under paragraph 1 of Article 34 shall be communicated to its authorities only through the relevant Central Authority.

PART 3 Declaration concerning the use of French¶

In accordance with Article 54, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that it objects to the use of French.

SCHEDULE 3F ¶

Text of the 2005 Hague Convention

Convention on Choice of Court Agreements¶

(Concluded 30 June 2005)

The States Parties to the present Convention,

Desiring to promote international trade and investment through enhanced judicial co-operation,

Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,

Believing that such enhanced co-operation requires in particular an international legal regime that provides certainty and ensures the effectiveness of exclusive choice of court agreements between parties to commercial transactions and that governs the recognition and enforcement of judgments resulting from proceedings based on such agreements,

Have resolved to conclude this Convention and have agreed upon the following provisions—

CHAPTER I SCOPE AND DEFINITIONS¶

Scope¶

ARTICLE 1

1 This Convention shall apply in international cases to exclusive choice of court agreements concluded in civil or commercial matters.

2 For the purposes of Chapter II, a case is international unless the parties are resident in the same Contracting State and the relationship of the parties and all other elements relevant to the dispute, regardless of the location of the chosen court, are connected only with that State.

3 For the purposes of Chapter III, a case is international where recognition or enforcement of a foreign judgment is sought.

Exclusions from scope¶

Article 2

1 This Convention shall not apply to exclusive choice of court agreements—

a to which a natural person acting primarily for personal, family or household purposes (a consumer) is a party;

b relating to contracts of employment, including collective agreements.

2 This Convention shall not apply to the following matters—

a the status and legal capacity of natural persons;

b maintenance obligations;

c other family law matters, including matrimonial property regimes and other rights or obligations arising out of marriage or similar relationships;

d wills and succession;

e insolvency, composition and analogous matters;

f the carriage of passengers and goods;

g marine pollution, limitation of liability for maritime claims, general average, and emergency towage and salvage;

h anti-trust (competition) matters;

i liability for nuclear damage;

j claims for personal injury brought by or on behalf of natural persons;

k tort or delict claims for damage to tangible property that do not arise from a contractual relationship;

l rights in rem in immovable property, and tenancies of immovable property;

m the validity, nullity, or dissolution of legal persons, and the validity of decisions of their organs;

n the validity of intellectual property rights other than copyright and related rights;

o infringement of intellectual property rights other than copyright and related rights, except where infringement proceedings are brought for breach of a contract between the parties relating to such rights, or could have been brought for breach of that contract;

p the validity of entries in public registers.

3 Notwithstanding paragraph 2, proceedings are not excluded from the scope of this Convention where a matter excluded under that paragraph arises merely as a preliminary question and not as an object of the proceedings. In particular, the mere fact that a matter excluded under paragraph 2 arises by way of defence does not exclude proceedings from the Convention, if that matter is not an object of the proceedings.

4 This Convention shall not apply to arbitration and related proceedings.

5 Proceedings are not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, is a party thereto.

6 Nothing in this Convention shall affect privileges and immunities of States or of international organisations, in respect of themselves and of their property.

Exclusive choice of court agreements¶

Article 3

For the purposes of this Convention—

a “exclusive choice of court agreement” means an agreement concluded by two or more parties that meets the requirements of paragraph (c) and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, the courts of one Contracting State or one or more specific courts of one Contracting State to the exclusion of the jurisdiction of any other courts;

b a choice of court agreement which designates the courts of one Contracting State or one or more specific courts of one Contracting State shall be deemed to be exclusive unless the parties have expressly provided otherwise;

c an exclusive choice of court agreement must be concluded or documented—

i in writing; or

ii by any other means of communication which renders information accessible so as to be usable for subsequent reference;

d an exclusive choice of court agreement that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. The validity of the exclusive choice of court agreement cannot be contested solely on the ground that the contract is not valid.

Other definitions¶

Article 4

1 In this Convention, “judgment” means any decision on the merits given by a court, whatever it may be called, including a decree or order, and a determination of costs or expenses by the court (including an officer of the court), provided that the determination relates to a decision on the merits which may be recognised or enforced under this Convention. An interim measure of protection is not a judgment.

2 For the purposes of this Convention, an entity or person other than a natural person shall be considered to be resident in the State—

a where it has its statutory seat;

b under whose law it was incorporated or formed;

c where it has its central administration; or

d where it has its principal place of business.

CHAPTER II JURISDICTION¶

Jurisdiction of the chosen court¶

Article 5

1 The court or courts of a Contracting State designated in an exclusive choice of court agreement shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void under the law of that State.

2 A court that has jurisdiction under paragraph 1 shall not decline to exercise jurisdiction on the ground that the dispute should be decided in a court of another State.

3 The preceding paragraphs shall not affect rules—

a on jurisdiction related to subject matter or to the value of the claim;

b on the internal allocation of jurisdiction among the courts of a Contracting State.

However, where the chosen court has discretion as to whether to transfer a case, due consideration should be given to the choice of the parties.

Obligations of a court not chosen¶

Article 6

A court of a Contracting State other than that of the chosen court shall suspend or dismiss proceedings to which an exclusive choice of court agreement applies unless—

a the agreement is null and void under the law of the State of the chosen court;

b a party lacked the capacity to conclude the agreement under the law of the State of the court seised;

c giving effect to the agreement would lead to a manifest injustice or would be manifestly contrary to the public policy of the State of the court seised;

d for exceptional reasons beyond the control of the parties, the agreement cannot reasonably be performed; or

e the chosen court has decided not to hear the case.

Interim measures of protection¶

Article 7

Interim measures of protection are not governed by this Convention. This Convention neither requires nor precludes the grant, refusal or termination of interim measures of protection by a court of a Contracting State and does not affect whether or not a party may request or a court should grant, refuse or terminate such measures.

CHAPTER III RECOGNITION AND ENFORCEMENT¶

Registration and enforcement¶

Article 8

1 A judgment given by a court of a Contracting State designated in an exclusive choice of court agreement shall be recognised and enforced in other Contracting States in accordance with this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention.

2 Without prejudice to such review as is necessary for the application of the provisions of this Chapter, there shall be no review of the merits of the judgment given by the court of origin. The court addressed shall be bound by the findings of fact on which the court of origin based its jurisdiction, unless the judgment was given by default.

3 A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

4 Recognition or enforcement may be postponed or refused if the judgment is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired. A refusal does not prevent a subsequent application for recognition or enforcement of the judgment.

5 This Article shall also apply to a judgment given by a court of a Contracting State pursuant to a transfer of the case from the chosen court in that Contracting State as permitted by Article 5, paragraph 3. However, where the chosen court had discretion as to whether to transfer the case to another court, recognition or enforcement of the judgment may be refused against a party who objected to the transfer in a timely manner in the State of origin.

Refusal of recognition or enforcement¶

Article 9

Recognition or enforcement may be refused if—

a the agreement was null and void under the law of the State of the chosen court, unless the chosen court has determined that the agreement is valid;

b a party lacked the capacity to conclude the agreement under the law of the requested State;

c the document which instituted the proceedings or an equivalent document, including the essential elements of the claim,

i was not notified to the defendant in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant entered an appearance and presented his case without contesting notification in the court of origin, provided that the law of the State of origin permitted notification to be contested; or

ii was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents;

d the judgment was obtained by fraud in connection with a matter of procedure;

e recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State;

f the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or

g the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.

Preliminary questions¶

Article 10

1 Where a matter excluded under Article 2, paragraph 2, or under Article 21, arose as a preliminary question, the ruling on that question shall not be recognised or enforced under this Convention.

2 Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded under Article 2, paragraph 2.

3 However, in the case of a ruling on the validity of an intellectual property right other than copyright or a related right, recognition or enforcement of a judgment may be refused or postponed under the preceding paragraph only where—

a that ruling is inconsistent with a judgment or a decision of a competent authority on that matter given in the State under the law of which the intellectual property right arose; or

b proceedings concerning the validity of the intellectual property right are pending in that State.

4 Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded pursuant to a declaration made by the requested State under Article 21.

Damages¶

Article 11

1 Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.

2 The court addressed shall take into account whether and to what extent the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.

Judicial settlements (transactions judiciaires)¶

Article 12

Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.

Documents to be produced¶

Article 13

1 The party seeking recognition or applying for enforcement shall produce—

a a complete and certified copy of the judgment;

b the exclusive choice of court agreement, a certified copy thereof, or other evidence of its existence;

c if the judgment was given by default, the original or a certified copy of a document establishing that the document which instituted the proceedings or an equivalent document was notified to the defaulting party;

d any documents necessary to establish that the judgment has effect or, where applicable, is enforceable in the State of origin;

e in the case referred to in Article 12, a certificate of a court of the State of origin that the judicial settlement or a part of it is enforceable in the same manner as a judgment in the State of origin.

2 If the terms of the judgment do not permit the court addressed to verify whether the conditions of this Chapter have been complied with, that court may require any necessary documents.

3 An application for recognition or enforcement may be accompanied by a document, issued by a court (including an officer of the court) of the State of origin, in the form recommended and published by the Hague Conference on Private International Law.

4 If the documents referred to in this Article are not in an official language of the requested State, they shall be accompanied by a certified translation into an official language, unless the law of the requested State provides otherwise.

Procedure¶

Article 14

The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested State unless this Convention provides otherwise. The court addressed shall act expeditiously.

Severability¶

Article 15

Recognition or enforcement of a severable part of a judgment shall be granted where recognition or enforcement of that part is applied for, or only part of the judgment is capable of being recognised or enforced under this Convention.

CHAPTER IV GENERAL CLAUSES¶

Transitional provisions¶

Article 16

1 This Convention shall apply to exclusive choice of court agreements concluded after its entry into force for the State of the chosen court.

2 This Convention shall not apply to proceedings instituted before its entry into force for the State of the court seised.

Contracts of insurance and reinsurance¶

Article 17

1 Proceedings under a contract of insurance or reinsurance are not excluded from the scope of this Convention on the ground that the contract of insurance or reinsurance relates to a matter to which this Convention does not apply.

2 Recognition and enforcement of a judgment in respect of liability under the terms of a contract of insurance or reinsurance may not be limited or refused on the ground that the liability under that contract includes liability to indemnify the insured or reinsured in respect of—

a a matter to which this Convention does not apply; or

b an award of damages to which Article 11 might apply.

No legalisation¶

Article 18

All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality, including an Apostille.

Declarations limiting jurisdiction¶

Article 19

A State may declare that its courts may refuse to determine disputes to which an exclusive choice of court agreement applies if, except for the location of the chosen court, there is no connection between that State and the parties or the dispute.

Declarations limiting recognition and enforcement¶

Article 20

A State may declare that its courts may refuse to recognise or enforce a judgment given by a court of another Contracting State if the parties were resident in the requested State, and the relationship of the parties and all other elements relevant to the dispute, other than the location of the chosen court, were connected only with the requested State.

Declarations with respect to specific matters¶

Article 21

1 Where a State has a strong interest in not applying this Convention to a specific matter, that State may declare that it will not apply the Convention to that matter. The State making such a declaration shall ensure that the declaration is no broader than necessary and that the specific matter excluded is clearly and precisely defined.

2 With regard to that matter, the Convention shall not apply—

a in the Contracting State that made the declaration;

b in other Contracting States, where an exclusive choice of court agreement designates the courts, or one or more specific courts, of the State that made the declaration.

Reciprocal declarations on non-exclusive choice of court agreements¶

Article 22

1 A Contracting State may declare that its courts will recognise and enforce judgments given by courts of other Contracting States designated in a choice of court agreement concluded by two or more parties that meets the requirements of Article 3, paragraph (c), and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, a court or courts of one or more Contracting States (a non-exclusive choice of court agreement).

2 Where recognition or enforcement of a judgment given in a Contracting State that has made such a declaration is sought in another Contracting State that has made such a declaration, the judgment shall be recognised and enforced under this Convention, if—

a the court of origin was designated in a non-exclusive choice of court agreement;

b there exists neither a judgment given by any other court before which proceedings could be brought in accordance with the non-exclusive choice of court agreement, nor a proceeding pending between the same parties in any other such court on the same cause of action; and

c the court of origin was the court first seised.

Uniform interpretation¶

Article 23

In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.

Review of operation of the Convention¶

Article 24

The Secretary General of the Hague Conference on Private International Law shall at regular intervals make arrangements for—

a review of the operation of this Convention, including any declarations; and

b consideration of whether any amendments to this Convention are desirable.

Non-unified legal systems¶

Article 25

1 In relation to a Contracting State in which two or more systems of law apply in different territorial units with regard to any matter dealt with in this Convention—

a any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

b any reference to residence in a State shall be construed as referring, where appropriate, to residence in the relevant territorial unit;

c any reference to the court or courts of a State shall be construed as referring, where appropriate, to the court or courts in the relevant territorial unit;

d any reference to a connection with a State shall be construed as referring, where appropriate, to a connection with the relevant territorial unit.

2 Notwithstanding the preceding paragraph, a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.

3 A court in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a judgment from another Contracting State solely because the judgment has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

4 This Article shall not apply to a Regional Economic Integration Organisation.

Relationship with other international instruments¶

Article 26

1 This Convention shall be interpreted so far as possible to be compatible with other treaties in force for Contracting States, whether concluded before or after this Convention.

2 This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, in cases where none of the parties is resident in a Contracting State that is not a Party to the treaty.

3 This Convention shall not affect the application by a Contracting State of a treaty that was concluded before this Convention entered into force for that Contracting State, if applying this Convention would be inconsistent with the obligations of that Contracting State to any non-Contracting State. This paragraph shall also apply to treaties that revise or replace a treaty concluded before this Convention entered into force for that Contracting State, except to the extent that the revision or replacement creates new inconsistencies with this Convention.

4 This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, for the purposes of obtaining recognition or enforcement of a judgment given by a court of a Contracting State that is also a Party to that treaty. However, the judgment shall not be recognised or enforced to a lesser extent than under this Convention.

5 This Convention shall not affect the application by a Contracting State of a treaty which, in relation to a specific matter, governs jurisdiction or the recognition or enforcement of judgments, even if concluded after this Convention and even if all States concerned are Parties to this Convention. This paragraph shall apply only if the Contracting State has made a declaration in respect of the treaty under this paragraph. In the case of such a declaration, other Contracting States shall not be obliged to apply this Convention to that specific matter to the extent of any inconsistency, where an exclusive choice of court agreement designates the courts, or one or more specific courts, of the Contracting State that made the declaration.

6 This Convention shall not affect the application of the rules of a Regional Economic Integration Organisation that is a Party to this Convention, whether adopted before or after this Convention—

a where none of the parties is resident in a Contracting State that is not a Member State of the Regional Economic Integration Organisation;

b as concerns the recognition or enforcement of judgments as between Member States of the Regional Economic Integration Organisation.

CHAPTER V FINAL CLAUSES¶

Signature, ratification, acceptance, approval or accession¶

Article 27

1 This Convention is open for signature by all States.

2 This Convention is subject to ratification, acceptance or approval by the signatory States.

3 This Convention is open for accession by all States.

4 Instruments of ratification, acceptance, approval or accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Declarations with respect to non-unified legal systems¶

Article 28

1 If a State has two or more territorial units in which different systems of law apply in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

2 A declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

3 If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.

4 This Article shall not apply to a Regional Economic Integration Organisation.

Regional Economic Integration Organisations¶

Article 29

1 A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by this Convention.

2 The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.

3 For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation declares in accordance with Article 30 that its Member States will not be Parties to this Convention.

4 Any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to a Regional Economic Integration Organisation that is a Party to it.

Accession by a Regional Economic Integration Organisation without its Member States¶

Article 30

1 At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare that it exercises competence over all the matters governed by this Convention and that its Member States will not be Parties to this Convention but shall be bound by virtue of the signature, acceptance, approval or accession of the Organisation.

2 In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 1, any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to the Member States of the Organisation.

Entry into force¶

Article 31

1 This Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance, approval or accession referred to in Article 27.

2 Thereafter this Convention shall enter into force—

a for each State or Regional Economic Integration Organisation subsequently ratifying, accepting, approving or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

b for a territorial unit to which this Convention has been extended in accordance with Article 28, paragraph 1, on the first day of the month following the expiration of three months after the notification of the declaration referred to in that Article.

Declarations¶

Article 32

1 Declarations referred to in Articles 19, 20, 21, 22 and 26 may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.

2 Declarations, modifications and withdrawals shall be notified to the depositary.

3 A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.

4 A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.

5 A declaration under Articles 19, 20, 21 and 26 shall not apply to exclusive choice of court agreements concluded before it takes effect.

Denunciation¶

Article 33

1 This Convention may be denounced by notification in writing to the depositary. The denunciation may be limited to certain territorial units of a non-unified legal system to which this Convention applies.

2 The denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Notifications by the depositary¶

Article 34

The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 27, 29 and 30 of the following—

a the signatures, ratifications, acceptances, approvals and accessions referred to in Articles 27, 29 and 30;

b the date on which this Convention enters into force in accordance with Article 31;

c the notifications, declarations, modifications and withdrawals of declarations referred to in Articles 19, 20, 21, 22, 26, 28, 29 and 30;

d the denunciations referred to in Article 33.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on 30 June 2005, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Member States of the Hague Conference on Private International Law as of the date of its Twentieth Session and to each State which participated in that Session.

SCHEDULE 3FA ¶

DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2005 HAGUE CONVENTION

Section 3D(3)(b)

DECLARATIONS CONCERNING INSURANCE CONTRACTS¶

The United Kingdom of Great Britain and Northern Ireland declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 1 below:

1The United Kingdom of Great Britain and Northern Ireland will apply the Convention to insurance contracts in the following cases:

a where the contract is a reinsurance contract;

b where the choice of court agreement is entered into after the dispute has arisen;

c where, without prejudice to Article 1(2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

d where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

i any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

a seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

b aircraft;

c railway rolling stock;

ii any loss of or damage to goods in transit or baggage other than passengers’ baggage, irrespective of the form of transport;

iii any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

a ships, installations or vessels as referred to in point (i)(a);

b aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

c railway rolling stock;

iv any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);

v any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charter-hire;

vi any risk or interest connected with any of the risks referred to in points (i) to (v);

vii any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

viii any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

a a balance-sheet total of EUR 6,2 million;

b a net turnover of EUR 12,8 million;

c an average number of 250 employees during the financial year.

2The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.

SCHEDULE 3G ¶

Text of the 2007 Hague Convention

Convention on the International Recovery of Child Support and Other Forms of Family Maintenance¶

(Concluded 23 November 2007)

The States signatory to the present Convention,

Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,

Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,

Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,

Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989

— in all actions concerning children the best interests of the child shall be a primary consideration,
— every child has a right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development,
— the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development, and
— States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,

Have resolved to conclude this Convention and have agreed upon the following provisions—

CHAPTER I OBJECT, SCOPE AND DEFINITIONS¶

Object¶

Article 1

The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by—

a establishing a comprehensive system of co-operation between the authorities of the Contracting States;

b making available applications for the establishment of maintenance decisions;

c providing for the recognition and enforcement of maintenance decisions; and

d requiring effective measures for the prompt enforcement of maintenance decisions.

Scope¶

Article 2

1 This Convention shall apply—

a to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;

b to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph (a); and

c with the exception of Chapters II and III, to spousal support.

2 Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 (a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.

3 Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention.

4 The provisions of this Convention shall apply to children regardless of the marital status of the parents.

Definitions¶

Article 3

For the purposes of this Convention—

a “creditor” means an individual to whom maintenance is owed or is alleged to be owed;

b “debtor” means an individual who owes or who is alleged to owe maintenance;

c “legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;

d “agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;

e “maintenance arrangement” means an agreement in writing relating to the payment of maintenance which—

i has been formally drawn up or registered as an authentic instrument by a competent authority; or

ii has been authenticated by, or concluded, registered or filed with a competent authority, and may be the subject of review and modification by a competent authority;

f “vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.

CHAPTER II ADMINISTRATIVE CO-OPERATION¶

Designation of Central Authorities¶

Article 4

1 A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.

2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

3 The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.

General functions of Central Authorities¶

Article 5

Central Authorities shall—

a co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;

b seek as far as possible solutions to difficulties which arise in the application of the Convention.

Specific functions of Central Authorities¶

Article 6

1 Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall—

a transmit and receive such applications;

b initiate or facilitate the institution of proceedings in respect of such applications.

2 In relation to such applications they shall take all appropriate measures—

a where the circumstances require, to provide or facilitate the provision of legal assistance;

b to help locate the debtor or the creditor;

c to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;

d to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;

e to facilitate the ongoing enforcement of maintenance decisions, including any arrears;

f to facilitate the collection and expeditious transfer of maintenance payments;

g to facilitate the obtaining of documentary or other evidence;

h to provide assistance in establishing parentage where necessary for the recovery of maintenance;

i to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;

j to facilitate service of documents.

3 The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent Bureau of any changes.

4 Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.

Requests for specific measures¶

Article 7

1 A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) (b), (c), (g), (h), (i) and (j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.

2 A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.

Central Authority costs¶

Article 8

1 Each Central Authority shall bear its own costs in applying this Convention.

2 Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7.

3 The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.

CHAPTER III APPLICATIONS THROUGH CENTRAL AUTHORITIES¶

Application through Central Authorities¶

Article 9

An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.

Available applications¶

Article 10

1 The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention—

a recognition or recognition and enforcement of a decision;

b enforcement of a decision made or recognised in the requested State;

c establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;

d establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 (b) or (e);

e modification of a decision made in the requested State;

f modification of a decision made in a State other than the requested State.

2 The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision—

a recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;

b modification of a decision made in the requested State;

c modification of a decision made in a State other than the requested State.

3 Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 (c) to (f) and 2 (b) and (c) shall be subject to the jurisdictional rules applicable in the requested State.

Application contents¶

Article 11

1 All applications under Article 10 shall as a minimum include—

a a statement of the nature of the application or applications;

b the name and contact details, including the address and date of birth of the applicant;

c the name and, if known, address and date of birth of the respondent;

d the name and date of birth of any person for whom maintenance is sought;

e the grounds upon which the application is based;

f in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;

g save in an application under Article 10(1) (a) and (2) (a), any information or document specified by declaration in accordance with Article 63 by the requested State;

h the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.

2 As appropriate, and to the extent known, the application shall in addition in particular include—

a the financial circumstances of the creditor;

b the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;

c any other information that may assist with the location of the respondent.

3 The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) (a) and (2) (a), the application shall be accompanied only by the documents listed in Article 25.

4 An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.

Transmission, receipt and processing of applications and cases through Central Authorities¶

Article 12

1 The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.

2 The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) (a), (b) and (d) and (3) (b) and 30(3).

3 The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.

4 Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.

5 Requesting and requested Central Authorities shall keep each other informed of—

a the person or unit responsible for a particular case;

b the progress of the case,

and shall provide timely responses to enquiries.

6 Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.

7 Central Authorities shall employ the most rapid and efficient means of communication at their disposal.

8 A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.

9 The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.

Means of communication¶

Article 13

Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.

Effective access to procedures¶

Article 14

1 The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.

2 To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.

3 The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.

4 Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.

5 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.

Free legal assistance for child support applications¶

Article 15

1 The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

2 Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) (a) and (b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.

Declaration to permit use of child-centred means test¶

Article 16

1 Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) (a) and (b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child.

2 A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child's means will be carried out, including the financial criteria which would need to be met to satisfy the test.

3 An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child's means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child's means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate.

4 If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.

Applications not qualifying under Article 15 or Article 16¶

Article 17

In the case of all applications under this Convention other than those under Article 15 or Article 16—

a the provision of free legal assistance may be made subject to a means or a merits test;

b an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.

CHAPTER IV RESTRICTIONS ON BRINGING PROCEEDINGS¶

Limit on proceedings¶

Article 18

1 Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.

2 Paragraph 1 shall not apply—

a where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State;

b where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

c where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or

d where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.

CHAPTER V RECOGNITION AND ENFORCEMENT¶

Scope of the Chapter¶

Article 19

1 This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.

2 If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations.

3 For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established—

a may be made the subject of an appeal to or review by a judicial authority; and

b have a similar force and effect to a decision of a judicial authority on the same matter.

4 This Chapter also applies to maintenance arrangements in accordance with Article 30.

5 The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.

Bases for recognition and enforcement¶

Article 20

1 A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if—

a the respondent was habitually resident in the State of origin at the time proceedings were instituted;

b the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

c the creditor was habitually resident in the State of origin at the time proceedings were instituted;

d the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;

e except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or

f the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.

2 A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 (c), (e) or (f).

3 A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.

4 A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) (b).

5 A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 (c), (e) or (f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.

6 A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

Severability and partial recognition and enforcement¶

Article 21

1 If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.

2 Partial recognition or enforcement of a decision can always be applied for.

Grounds for refusing recognition and enforcement¶

Article 22

Recognition and enforcement of a decision may be refused if—

a recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;

b the decision was obtained by fraud in connection with a matter of procedure;

c proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;

d the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;

e in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin—

i when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

ii when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or

f the decision was made in violation of Article 18.

Procedure on an application for recognition and enforcement¶

Article 23

1 Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.

2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either—

a refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or

b if it is the competent authority take such steps itself.

3 Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement.

4 A declaration or registration may be refused only on the ground set out in Article 22 (a). At this stage neither the applicant nor the respondent is entitled to make any submissions.

5 The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.

6 A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.

7 A challenge or appeal may be founded only on the following—

a the grounds for refusing recognition and enforcement set out in Article 22;

b the bases for recognition and enforcement under Article 20;

c the authenticity or integrity of any document transmitted in accordance with Article 25(1) (a), (b) or (d) or (3) (b).

8 A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

9 The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.

10 A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

11 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

Alternative procedure on an application for recognition and enforcement¶

Article 24

1 Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article.

2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either—

a refer the application to the competent authority which shall decide on the application for recognition and enforcement; or

b if it is the competent authority, take such a decision itself.

3 A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.

4 The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 (a), (c) and (d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) (c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25.

5 A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

6 Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

7 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

Documents¶

Article 25

1 An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following—

a a complete text of the decision;

b a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements;

c if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law;

d where necessary, a document showing the amount of any arrears and the date such amount was calculated;

e where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations;

f where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.

2 Upon a challenge or appeal under Article 23(7) (c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly—

a by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III;

b by the applicant, where the request has been made directly to a competent authority of the State addressed.

3 A Contracting State may specify in accordance with Article 57—

a that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application;

b circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or

c that it does not require a document stating that the requirements of Article 19(3) are met.

Procedure on an application for recognition¶

Article 26

This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.

Findings of fact¶

Article 27

Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.

No review of the merits¶

Article 28

There shall be no review by any competent authority of the State addressed of the merits of a decision.

Physical presence of the child or the applicant not required¶

Article 29

The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.

Maintenance arrangements¶

Article 30

1 A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin.

2 For the purpose of Article 10(1) (a) and (b) and (2) (a), the term “decision” includes a maintenance arrangement.

3 An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following—

a a complete text of the maintenance arrangement; and

b a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.

4 Recognition and enforcement of a maintenance arrangement may be refused if—

a the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;

b the maintenance arrangement was obtained by fraud or falsification;

c the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.

5 The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that—

a a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 (a);

b a challenge or appeal as referred to in Article 23(6) may be founded only on the following—

i the grounds for refusing recognition and enforcement set out in paragraph 4;

ii the authenticity or integrity of any document transmitted in accordance with paragraph 3;

c as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 (a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents.

6 Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State.

7 A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities.

8 A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.

Decisions produced by the combined effect of provisional and confirmation orders¶

Article 31

Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order—

a each of those States shall be deemed for the purposes of this Chapter to be a State of origin;

b the requirements of Article 22 (e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order;

c the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and

d Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.

CHAPTER VI ENFORCEMENT BY THE STATE ADDRESSED¶

Enforcement under internal law¶

Article 32

1 Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.

2 Enforcement shall be prompt.

3 In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant.

4 Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.

5 Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.

Non-discrimination¶

Article 33

The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.

Enforcement measures¶

Article 34

1 Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.

2 Such measures may include—

a wage withholding;

b garnishment from bank accounts and other sources;

c deductions from social security payments;

d lien on or forced sale of property;

e tax refund withholding;

f withholding or attachment of pension benefits;

g credit bureau reporting;

h denial, suspension or revocation of various licenses (for example, driving licenses);

i the use of mediation, conciliation or similar processes to bring about voluntary compliance.

Transfer of funds¶

Article 35

1 Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.

2 A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.

CHAPTER VII PUBLIC BODIES¶

Public bodies as applicants¶

Article 36

1 For the purposes of applications for recognition and enforcement under Article 10(1) (a) and (b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.

2 The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.

3 A public body may seek recognition or claim enforcement of—

a a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;

b a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.

4 The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.

CHAPTER VIII GENERAL PROVISIONS¶

Direct requests to competent authorities¶

Article 37

1 The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seise directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified.

2 Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State.

3 For the purpose of paragraph 2, Article 2(1) a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.

Protection of personal data¶

Article 38

Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

Confidentiality¶

Article 39

Any authority processing information shall ensure its confidentiality in accordance with the law of its State.

Non-disclosure of information¶

Article 40

1 An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person.

2 A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence.

3 Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so far as necessary to carry out the obligations under the Convention.

No legalisation¶

Article 41

No legalisation or similar formality may be required in the context of this Convention.

Power of attorney¶

Article 42

The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.

Recovery of costs¶

Article 43

1 Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance.

2 A State may recover costs from an unsuccessful party.

3 For the purposes of an application under Article 10(1) (b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State.

4 This Article shall be without prejudice to Article 8.

Language requirements¶

Article 44

1 Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation.

2 A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.

3 Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French.However, a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.

Means and costs of translation¶

Article 45

1 In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.

2 The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.

3 Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.

Non-unified legal systems—interpretation¶

Article 46

1 In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units—

a any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

b any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit;

c any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit;

d any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;

e any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;

f any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;

g any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit;

h any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit;

i any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit;

j any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.

2 This Article shall not apply to a Regional Economic Integration Organisation.

Non-unified legal systems—substantive rules¶

Article 47

1 A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.

2 A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

3 This Article shall not apply to a Regional Economic Integration Organisation.

Co-ordination with prior Hague Maintenance Conventions¶

Article 48

In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.

Co-ordination with the 1956 New York Convention¶

Article 49

In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of application as between such States coincides with the scope of application of this Convention.

Relationship with prior Hague Conventions on service of documents and taking of evidence¶

Article 50

This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.

Co-ordination of instruments and supplementary agreements¶

Article 51

1 This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention.

2 Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

3 Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned.

4 This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.

Most effective rule¶

Article 52

1 This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for—

a broader bases for recognition of maintenance decisions, without prejudice to Article 22 (f) of the Convention;

b simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;

c more beneficial legal assistance than that provided for under Articles 14 to 17; or

d procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.

2 This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 (a) to (c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 (b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.

Uniform interpretation¶

Article 53

In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.

Review of practical operation of the Convention¶

Article 54

1 The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention.

2 For the purpose of such review, Contracting States shall co-operate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.

Amendment of forms¶

Article 55

1 The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting.

2 Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States.

3 During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.

Transitional provisions¶

Article 56

1 The Convention shall apply in every case where—

a a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State;

b a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.

2 With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply.

3 The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

Provision of information concerning laws, procedures and services¶

Article 57

1 A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with—

a a description of its laws and procedures concerning maintenance obligations;

b a description of the measures it will take to meet the obligations under Article 6;

c a description of how it will provide applicants with effective access to procedures, as required under Article 14;

d a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;

e any specification referred to in Article 25(1) (b) and (3).

2 Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.

3 Information shall be kept up to date by the Contracting States.

CHAPTER IX FINAL PROVISIONS¶

Signature, ratification and accession¶

Article 58

1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session.

3 Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1).

4 The instrument of accession shall be deposited with the depositary.

5 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article 65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

Regional Economic Integration Organisations¶

Article 59

3 At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation.

4 For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3.

5 Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.

Entry into force¶

Article 60

1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58.

2 Thereafter the Convention shall enter into force—

a for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval;

b for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5);

c for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.

Declarations with respect to non-unified legal systems¶

Article 61

1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

3 If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.

4 This Article shall not apply to a Regional Economic Integration Organisation.

Reservations¶

Article 62

1 Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted.

2 Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.

3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2.

4 Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).

Declarations¶

Article 63

1 Declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.

2 Declarations, modifications and withdrawals shall be notified to the depositary.

3 A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.

Denunciation¶

Article 64

1 A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies.

2 The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Notification¶

Article 65

a the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;

b the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;

c the date on which the Convention enters into force in accordance with Article 60;

d the declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);

e the agreements referred to in Article 51(2);

f the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);

g the denunciations referred to in Article 64.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.

SCHEDULE 3GA ¶

RESERVATIONS AND DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2007 HAGUE CONVENTION

Section 3E(3)(b)

PART 1 DECLARATION CONCERNING SPOUSAL SUPPORT¶

1Declaration referred to in Article 2(3) of the Convention:The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.

PART 2 RESERVATION CONCERNING USE OF FRENCH¶

2Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:The United Kingdom of Great Britain and Northern Ireland objects to the use of French in communications between Central Authorities.

PART 3 DECLARATION CONCERNING APPLICATION CONTENTS¶

3Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention:The United Kingdom of Great Britain and Northern Ireland declares that an application to it under Article 10 of the Convention, other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below:Application under Article 10(1)(b) of the Convention:England and WalesOriginal and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.ScotlandOriginal and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable.Northern IrelandOriginal and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.Application under Article 10(1)(c) of the Convention:England and WalesDocuments relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.ScotlandDocuments relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.Northern IrelandDocuments relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.Application under Article 10(1)(d) of the Convention:England and WalesCertified copy of decision relevant to Article 20 or Article 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.ScotlandAs for applications under Article 10(1)(c) above.Northern IrelandCertified copy of decision relevant to Article 20 or 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.Application under Article 10(1)(e) of the Convention:England and WalesCopy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.ScotlandCopy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation.Northern IrelandCopy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.Application under Article 10(1)(f) of the Convention:England and WalesOriginal and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.ScotlandOriginal and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.Northern IrelandOriginal and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.Application under Article 10(2)(b) of the Convention:England and WalesCopy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.ScotlandCopy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation.Northern IrelandCopy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant.Application under Article 10(2)(c) of the Convention:England and WalesOriginal and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.ScotlandOriginal and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant’s financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.Northern IrelandOriginal and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.General:For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.

PART 4 UNILATERAL DECLARATION CONCERNING THE APPLICATION OF THE CONVENTION¶

4Unilateral declaration made at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration:The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the United Kingdom of Great Britain and Northern Ireland becomes a Contracting State to the Convention.Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.

Schedule 3H ¶

Text of the 2019 Hague Convention

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS (Concluded 2 July 2019)

The Contracting Parties to the present Convention,

Desiring to promote effective access to justice for all and to facilitate rule-based multilateral trade and investment, and mobility, through judicial co-operation,

Believing that such co-operation can be enhanced through the creation of a uniform set of core rules on recognition and enforcement of foreign judgments in civil or commercial matters, to facilitate the effective recognition and enforcement of such judgments,

Convinced that such enhanced judicial co-operation requires, in particular, an international legal regime that provides greater predictability and certainty in relation to the global circulation of foreign judgments, and that is complementary to the Convention of 30 June 2005 on Choice of Court Agreements,

Have resolved to conclude this Convention to this effect and have agreed upon the following provisions—

CHAPTER I - SCOPE AND DEFINITIONS

Scope

Article 1

1This Convention shall apply to the recognition and enforcement of judgments in civil or commercial matters. It shall not extend in particular to revenue, customs or administrative matters.

2This Convention shall apply to the recognition and enforcement in one Contracting State of a judgment given by a court of another Contracting State.

Exclusions from scope

Article 2

1This Convention shall not apply to the following matters—

a the status and legal capacity of natural persons;

b maintenance obligations;

c other family law matters, including matrimonial property regimes and other rights or obligations arising out of marriage or similar relationships;

d wills and succession;

e insolvency, composition, resolution of financial institutions, and analogous matters;

f the carriage of passengers and goods;

g transboundary marine pollution, marine pollution in areas beyond national jurisdiction, ship-source marine pollution, limitation of liability for maritime claims, and general average;

h liability for nuclear damage;

i the validity, nullity, or dissolution of legal persons or associations of natural or legal persons, and the validity of decisions of their organs;

j the validity of entries in public registers;

k defamation;

l privacy;

m intellectual property;

n activities of armed forces, including the activities of their personnel in the exercise of their official duties;

o law enforcement activities, including the activities of law enforcement personnel in the exercise of their official duties;

p anti-trust (competition) matters, except where the judgment is based on conduct that constitutes an anti-competitive agreement or concerted practice among actual or potential competitors to fix prices, make rigged bids, establish output restrictions or quotas, or divide markets by allocating customers, suppliers, territories or lines of commerce, and where such conduct and its effect both occurred in the State of origin;

q sovereign debt restructuring through unilateral State measures.

2A judgment is not excluded from the scope of this Convention where a matter to which this Convention does not apply arose merely as a preliminary question in the proceedings in which the judgment was given, and not as an object of the proceedings. In particular, the mere fact that such a matter arose by way of defence does not exclude a judgment from the Convention, if that matter was not an object of the proceedings.

3This Convention shall not apply to arbitration and related proceedings.

4A judgment is not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, was a party to the proceedings.

5Nothing in this Convention shall affect privileges and immunities of States or of international organisations, in respect of themselves and of their property.

Definitions

Article 3

1In this Convention—

a “defendant” means a person against whom the claim or counterclaim was brought in the State of origin;

b “judgment” means any decision on the merits given by a court, whatever that decision may be called, including a decree or order, and a determination of costs or expenses of the proceedings by the court (including an officer of the court), provided that the determination relates to a decision on the merits which may be recognised or enforced under this Convention. An interim measure of protection is not a judgment.

2An entity or person other than a natural person shall be considered to be habitually resident in the State—

a where it has its statutory seat;

b under the law of which it was incorporated or formed;

c where it has its central administration; or

d where it has its principal place of business.

CHAPTER II - RECOGNITION AND ENFORCEMENT

General provisions

Article 4

1A judgment given by a court of a Contracting State (State of origin) shall be recognised and enforced in another Contracting State (requested State) in accordance with the provisions of this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention.

2There shall be no review of the merits of the judgment in the requested State. There may only be such consideration as is necessary for the application of this Convention.

3A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

4Recognition or enforcement may be postponed or refused if the judgment referred to under paragraph 3 is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired. A refusal does not prevent a subsequent application for recognition or enforcement of the judgment.

Bases for recognition and enforcement

Article 5

1A judgment is eligible for recognition and enforcement if one of the following requirements is met—

a the person against whom recognition or enforcement is sought was habitually resident in the State of origin at the time that person became a party to the proceedings in the court of origin;

b the natural person against whom recognition or enforcement is sought had their principal place of business in the State of origin at the time that person became a party to the proceedings in the court of origin and the claim on which the judgment is based arose out of the activities of that business;

c the person against whom recognition or enforcement is sought is the person that brought the claim, other than a counterclaim, on which the judgment is based;

d the defendant maintained a branch, agency, or other establishment without separate legal personality in the State of origin at the time that person became a party to the proceedings in the court of origin, and the claim on which the judgment is based arose out of the activities of that branch, agency, or establishment;

e the defendant expressly consented to the jurisdiction of the court of origin in the course of the proceedings in which the judgment was given;

f the defendant argued on the merits before the court of origin without contesting jurisdiction within the timeframe provided in the law of the State of origin, unless it is evident that an objection to jurisdiction or to the exercise of jurisdiction would not have succeeded under that law;

g the judgment ruled on a contractual obligation and it was given by a court of the State in which performance of that obligation took place, or should have taken place, in accordance with

i the agreement of the parties, or

ii the law applicable to the contract, in the absence of an agreed place of performance,

unless the activities of the defendant in relation to the transaction clearly did not constitute a purposeful and substantial connection to that State;

h the judgment ruled on a lease of immovable property (tenancy) and it was given by a court of the State in which the property is situated;

i the judgment ruled against the defendant on a contractual obligation secured by a right in rem in immovable property located in the State of origin, if the contractual claim was brought together with a claim against the same defendant relating to that right in rem;

j the judgment ruled on a non-contractual obligation arising from death, physical injury, damage to or loss of tangible property, and the act or omission directly causing such harm occurred in the State of origin, irrespective of where that harm occurred;

k the judgment concerns the validity, construction, effects, administration or variation of a trust created voluntarily and evidenced in writing, and—

i at the time the proceedings were instituted, the State of origin was designated in the trust instrument as a State in the courts of which disputes about such matters are to be determined; or

ii at the time the proceedings were instituted, the State of origin was expressly or impliedly designated in the trust instrument as the State in which the principal place of administration of the trust is situated.

This sub-paragraph only applies to judgments regarding internal aspects of a trust between persons who are or were within the trust relationship;

l the judgment ruled on a counterclaim—

i to the extent that it was in favour of the counterclaimant, provided that the counterclaim arose out of the same transaction or occurrence as the claim; or

ii to the extent that it was against the counterclaimant, unless the law of the State of origin required the counterclaim to be filed in order to avoid preclusion;

m the judgment was given by a court designated in an agreement concluded or documented in writing or by any other means of communication which renders information accessible so as to be usable for subsequent reference, other than an exclusive choice of court agreement.For the purposes of this sub-paragraph, an “exclusive choice of court agreement” means an agreement concluded by two or more parties that designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, the courts of one State or one or more specific courts of one State to the exclusion of the jurisdiction of any other courts.

2If recognition or enforcement is sought against a natural person acting primarily for personal, family or household purposes (a consumer) in matters relating to a consumer contract, or against an employee in matters relating to the employee’s contract of employment—

a paragraph 1(e) applies only if the consent was addressed to the court, orally or in writing;

b paragraph 1(f), (g) and (m) do not apply.

3Paragraph 1 does not apply to a judgment that ruled on a residential lease of immovable property (tenancy) or ruled on the registration of immovable property. Such a judgment is eligible for recognition and enforcement only if it was given by a court of the State where the property is situated.

Exclusive basis for recognition and enforcement

Article 6

Notwithstanding Article 5, a judgment that ruled on rights in rem in immovable property shall be recognised and enforced if and only if the property is situated in the State of origin.

Refusal of recognition and enforcement

Article 7

1Recognition or enforcement may be refused if—

a the document which instituted the proceedings or an equivalent document, including a statement of the essential elements of the claim—

i was not notified to the defendant in sufficient time and in such a way as to enable them to arrange for their defence, unless the defendant entered an appearance and presented their case without contesting notification in the court of origin, provided that the law of the State of origin permitted notification to be contested; or

ii was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents;

b the judgment was obtained by fraud;

c recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State and situations involving infringements of security or sovereignty of that State;

d the proceedings in the court of origin were contrary to an agreement, or a designation in a trust instrument, under which the dispute in question was to be determined in a court of a State other than the State of origin;

e the judgment is inconsistent with a judgment given by a court of the requested State in a dispute between the same parties; or

f the judgment is inconsistent with an earlier judgment given by a court of another State between the same parties on the same subject matter, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.

2Recognition or enforcement may be postponed or refused if proceedings between the same parties on the same subject matter are pending before a court of the requested State, where—

a the court of the requested State was seised before the court of origin; and

b there is a close connection between the dispute and the requested State.

A refusal under this paragraph does not prevent a subsequent application for recognition or enforcement of the judgment.

Preliminary questions

Article 8

1A ruling on a preliminary question shall not be recognised or enforced under this Convention if the ruling is on a matter to which this Convention does not apply or on a matter referred to in Article 6 on which a court of a State other than the State referred to in that Article ruled.

2Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter to which this Convention does not apply, or on a matter referred to in Article 6 on which a court of a State other than the State referred to in that Article ruled.

Severability

Article 9

Damages

Article 10

1Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.

2The court addressed shall take into account whether and to what extent the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.

Judicial settlements (transactions judiciaires)

Article 11

Judicial settlements (transactions judiciaires) which a court of a Contracting State has approved, or which have been concluded in the course of proceedings before a court of a Contracting State, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.

Documents to be produced

Article 12

1The party seeking recognition or applying for enforcement shall produce—

a a complete and certified copy of the judgment;

b if the judgment was given by default, the original or a certified copy of a document establishing that the document which instituted the proceedings or an equivalent document was notified to the defaulting party;

c any documents necessary to establish that the judgment has effect or, where applicable, is enforceable in the State of origin;

d in the case referred to in Article 11, a certificate of a court (including an officer of the court) of the State of origin stating that the judicial settlement or a part of it is enforceable in the same manner as a judgment in the State of origin.

2If the terms of the judgment do not permit the court addressed to verify whether the conditions of this Chapter have been complied with, that court may require any necessary documents.

3An application for recognition or enforcement may be accompanied by a document relating to the judgment, issued by a court (including an officer of the court) of the State of origin, in the form recommended and published by the Hague Conference on Private International Law.

4If the documents referred to in this Article are not in an official language of the requested State, they shall be accompanied by a certified translation into an official language, unless the law of the requested State provides otherwise.

Procedure

Article 13

1The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested State unless this Convention provides otherwise. The court of the requested State shall act expeditiously.

2The court of the requested State shall not refuse the recognition or enforcement of a judgment under this Convention on the ground that recognition or enforcement should be sought in another State.

Costs of proceedings

Article 14

1No security, bond or deposit, however described, shall be required from a party who in one Contracting State applies for enforcement of a judgment given by a court of another Contracting State on the sole ground that such party is a foreign national or is not domiciled or resident in the State in which enforcement is sought.

2An order for payment of costs or expenses of proceedings, made in a Contracting State against any person exempt from requirements as to security, bond, or deposit by virtue of paragraph 1 or of the law of the State where proceedings have been instituted, shall, on the application of the person entitled to the benefit of the order, be rendered enforceable in any other Contracting State.

3A State may declare that it shall not apply paragraph 1 or designate by a declaration which of its courts shall not apply paragraph 1.

Recognition and enforcement under national law

Article 15

Subject to Article 6, this Convention does not prevent the recognition or enforcement of judgments under national law.

CHAPTER III - GENERAL CLAUSES

Transitional provision

Article 16

This Convention shall apply to the recognition and enforcement of judgments if, at the time the proceedings were instituted in the State of origin, the Convention had effect between that State and the requested State.

Declarations limiting recognition and enforcement

Article 17

A State may declare that its courts may refuse to recognise or enforce a judgment given by a court of another Contracting State if the parties were resident in the requested State, and the relationship of the parties and all other elements relevant to the dispute, other than the location of the court of origin, were connected only with the requested State.

Declarations with respect to specific matters

Article 18

1Where a State has a strong interest in not applying this Convention to a specific matter, that State may declare that it will not apply the Convention to that matter. The State making such a declaration shall ensure that the declaration is no broader than necessary and that the specific matter excluded is clearly and precisely defined.

2With regard to that matter, the Convention shall not apply—

a in the Contracting State that made the declaration;

b in other Contracting States, where recognition or enforcement of a judgment given by a court of a Contracting State that made the declaration is sought.

Declarations with respect to judgments pertaining to a State

Article 19

1A State may declare that it shall not apply this Convention to judgments arising from proceedings to which any of the following is a party—

a that State, or a natural person acting for that State; or

b a government agency of that State, or a natural person acting for such a government agency.

The State making such a declaration shall ensure that the declaration is no broader than necessary and that the exclusion from scope is clearly and precisely defined. The declaration shall not distinguish between judgments where the State, a government agency of that State or a natural person acting for either of them is a defendant or claimant in the proceedings before the court of origin.

2Recognition or enforcement of a judgment given by a court of a State that made a declaration pursuant to paragraph 1 may be refused if the judgment arose from proceedings to which either the State that made the declaration or the requested State, one of their government agencies or a natural person acting for either of them is a party, to the same extent as specified in the declaration.

Uniform interpretation

Article 20

In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.

Review of operation of the Convention

Article 21

The Secretary General of the Hague Conference on Private International Law shall at regular intervals make arrangements for review of the operation of this Convention, including any declarations, and shall report to the Council on General Affairs and Policy.

Non-unified legal systems

Article 22

1In relation to a Contracting State in which two or more systems of law apply in different territorial units with regard to any matter dealt with in this Convention—

a any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

b any reference to the court or courts of a State shall be construed as referring, where appropriate, to the court or courts in the relevant territorial unit;

c any reference to a connection with a State shall be construed as referring, where appropriate, to a connection with the relevant territorial unit;

d any reference to a connecting factor in relation to a State shall be construed as referring, where appropriate, to that connecting factor in relation to the relevant territorial unit.

2Notwithstanding paragraph 1, a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.

3A court in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a judgment from another Contracting State solely because the judgment has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

4This Article shall not apply to Regional Economic Integration Organisations.

Relationship with other international instruments

Article 23

1This Convention shall be interpreted so far as possible to be compatible with other treaties in force for Contracting States, whether concluded before or after this Convention.

2This Convention shall not affect the application by a Contracting State of a treaty that was concluded before this Convention.

3This Convention shall not affect the application by a Contracting State of a treaty concluded after this Convention as concerns the recognition or enforcement of a judgment given by a court of a Contracting State that is also a Party to that treaty. Nothing in the other treaty shall affect the obligations under Article 6 towards Contracting States that are not Parties to that treaty.

4This Convention shall not affect the application of the rules of a Regional Economic Integration Organisation that is a Party to this Convention as concerns the recognition or enforcement of a judgment given by a court of a Contracting State that is also a Member State of the Regional Economic Integration Organisation where—

a the rules were adopted before this Convention was concluded; or

b the rules were adopted after this Convention was concluded, to the extent that they do not affect the obligations under Article 6 towards Contracting States that are not Member States of the Regional Economic Integration Organisation.

CHAPTER IV - FINAL CLAUSES

Signature, ratification, acceptance, approval or accession

Article 24

1This Convention shall be open for signature by all States.

2This Convention is subject to ratification, acceptance or approval by the signatory States.

3This Convention shall be open for accession by all States.

4Instruments of ratification, acceptance, approval or accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Declarations with respect to non-unified legal systems

Article 25

1If a State has two or more territorial units in which different systems of law apply in relation to matters dealt with in this Convention, it may declare that the Convention shall extend to all its territorial units or only to one or more of them. Such a declaration shall state expressly the territorial units to which the Convention applies.

2If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.

3This Article shall not apply to Regional Economic Integration Organisations.

Regional Economic Integration Organisations

Article 26

1A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by this Convention.

2The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.

3For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation declares in accordance with Article 27(1) that its Member States will not be Parties to this Convention.

4Any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to a Regional Economic Integration Organisation.

Regional Economic Integration Organisation as a Contracting Party without its Member States

Article 27

1At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare that it exercises competence over all the matters governed by this Convention and that its Member States will not be Parties to this Convention but shall be bound by virtue of the signature, acceptance, approval or accession of the Organisation.

2In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 1, any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to the Member States of the Organisation.

Entry into force

Article 28

1This Convention shall enter into force on the first day of the month following the expiration of the period during which a notification may be made in accordance with Article 29(2) with respect to the second State that has deposited its instrument of ratification, acceptance, approval or accession referred to in Article 24.

2Thereafter this Convention shall enter into force—

a for each State subsequently ratifying, accepting, approving or acceding to it, on the first day of the month following the expiration of the period during which notifications may be made in accordance with Article 29(2) with respect to that State;

b for a territorial unit to which this Convention has been extended in accordance with Article 25 after the Convention has entered into force for the State making the declaration, on the first day of the month following the expiration of three months after the notification of the declaration referred to in that Article.

Establishment of relations pursuant to the Convention

Article 29

1This Convention shall have effect between two Contracting States only if neither of them has notified the depositary regarding the other in accordance with paragraph 2 or 3. In the absence of such a notification, the Convention has effect between two Contracting States from the first day of the month following the expiration of the period during which notifications may be made.

2A Contracting State may notify the depositary, within 12 months after the date of the notification by the depositary referred to in Article 32(a), that the ratification, acceptance, approval or accession of another State shall not have the effect of establishing relations between the two States pursuant to this Convention.

3A State may notify the depositary, upon the deposit of its instrument pursuant to Article 24(4), that its ratification, acceptance, approval or accession shall not have the effect of establishing relations with a Contracting State pursuant to this Convention.

4A Contracting State may at any time withdraw a notification that it has made under paragraph 2 or 3. Such a withdrawal shall take effect on the first day of the month following the expiration of three months following the date of notification.

Declarations

Article 30

1Declarations referred to in Articles 14, 17, 18, 19 and 25 may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.

2Declarations, modifications and withdrawals shall be notified to the depositary.

3A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.

4A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months following the date on which the notification is received by the depositary.

5A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall not apply to judgments resulting from proceedings that have already been instituted before the court of origin when the declaration takes effect.

Denunciation

Article 31

1A Contracting State to this Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a non-unified legal system to which this Convention applies.

2The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Notifications by the depositary

Article 32

The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded to this Convention in accordance with Articles 24, 26 and 27 of the following—

a the signatures, ratifications, acceptances, approvals and accessions referred to in Articles 24, 26 and 27;

b the date on which this Convention enters into force in accordance with Article 28;

c the notifications, declarations, modifications and withdrawals referred to in Articles 26, 27, 29 and 30; and

d the denunciations referred to in Article 31.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 2nd day of July 2019, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the time of its Twenty-Second Session and to each of the other States which have participated in that Session.

^C16SCHEDULE 4 ¶

CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

General¶

^F751Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part.

^F762Persons domiciled in a part of the United Kingdom may be sued in the courts of another part of the United Kingdom only by virtue of rules 3 to 13 of this Schedule.

Special jurisdiction¶

^F773A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—

a in matters relating to a contract, in the courts for the place of performance of the obligation in question;

b ^F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

d as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

e as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

f as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the part of the United Kingdom in which the trust is domiciled;

g as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question—

i has been arrested to secure such payment; or

ii could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;

h in proceedings—

i concerning a debt secured on immovable property; or

ii which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,

in the courts of the part of the United Kingdom in which the property is situated.

^F794Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Schedule, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

^F805A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—

a where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

b as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

c on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

d in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the part of the United Kingdom in which the property is situated.

^F816Where by virtue of this Schedule a court of a part of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that part, shall also have jurisdiction over claims for limitation of such liability.

Jurisdiction over consumer contracts¶

^F1997. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2008. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction over individual contracts of employment¶

^F20210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusive jurisdiction¶

^F8211The following courts shall have exclusive jurisdiction, regardless of domicile :—

i in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated;

ii however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same part of the United Kingdom;

b in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts of the part of the United Kingdom in which the company, legal person or association has its seat;

c in proceedings which have as their object the validity of entries in public registers, the courts of the part of the United Kingdom in which the register is kept;

d in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdom in which the judgment has been or is to be enforced.

Prorogation of jurisdiction¶

^F8312

1 If the parties have agreed that a court or the courts of a part of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have jurisdiction.

2 The court or courts of a part of the United Kingdom on which a trust instrument has conferred jurisdiction shall have jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

3 Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force^F203... if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11.

^F8413

1 Apart from jurisdiction derived from other provisions of this Schedule, a court of a part of the United Kingdom before which a defendant enters an appearance shall have jurisdiction.

2 This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 11.

Examination as to jurisdiction and admissibility¶

^F8514Where a court of a part of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of another part of the United Kingdom have exclusive jurisdiction by virtue of rule 11, it shall declare of its own motion that it has no jurisdiction.

^F8615

1 Where a defendant domiciled in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Schedule.

2 The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

Provisional, including protective, measures¶

^F8716Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, under this Schedule, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.

TITLE II JURISDICTION¶

Section 1 General Provisions¶

Article 2¶

Subject to the provisions of thisTitle, persons domiciled in apart of the United Kingdom shall . . . be sued in the courts of thatpart.

. . .

Article 3¶

Persons domiciled in apart of the United Kingdom may be sued in the courts of anotherpart of the United Kingdom only by virtue of the rules set out in Sections 2,4, 5 and 6 of this Title.

. . .

Section 2 Special jurisdiction¶

Article 5¶

A person domiciled in apart of the United Kingdom may, in anotherpart of the United Kingdom, be sued:

in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated;
in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;
in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurredor in the case of a threatened wrong is likely to occur;
as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;
as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;
in his capacity as a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of thepart of the United Kingdomin which the trust is domiciled;
as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question
1. has been arrested to secure such payment, or
2. could have been so arrested, but bail or other security has been given;
provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;
in proceedings—
1. concerning a debt secured on immovable property;
  or
2. which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,
in the courts of the part of the United Kingdom in which the property is situated.

Article 5A¶

Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Title, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

Article 6¶

A person domiciled in apart of the United Kingdom may,in another part of the United Kingdom, also be sued:

where he is one of a number of defendants, in the courts for the place where any one of them is domiciled;
as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;
on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending.
in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of thepart of the United Kingdom in which the property is situated.

Article 6A¶

Where by virtue of thisTitle a court of apart of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of thatpart, shall also have jurisdiction over claims for limitation of such liability.

. . .

Section 4 Jurisdiction over consumer contracts¶

Article 13¶

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer", jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles . . .5(5)and (8)(b), if it is:

a contract for the sale of goods on instalment credit terms or
a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or
any other contract for the supply of goods or a contract for the supply of services and . . .the consumer took inthe part of the United Kingdom in which he is domiciledthe steps necessary for the conclusion of the contract.
. . .
This Section shall not apply to contracts of transportor insurance.

Article 14¶

A consumer may bring proceedings against the other party to a contract either in the courts of thepart of the United Kingdomin which that party is domiciled or in the courts of thepart of the United Kingdomin which he is himself domiciled.

Proceedings may be brought against a consumer by the other party to the contract only in the courts of thepart of the United Kingdom in which the consumer is domiciled.

These provisions shall not affect the right to bring a counterclaim in the court in which, in accordance with this Section, the original claim is pending.

Article 15¶

The provisions of this Section may be departed from only by an agreement:

which is entered into after the dispute has arisen, or
which allows the consumer to bring proceedings in courts other than those indicated in this Section, or
which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the samepart of the United Kingdom, and which confers jurisdiction on the courts of thatpart, provided that such an agreement is not contrary to the law of thatpart.

Section 5 Exclusive jurisdiction¶

Article 16¶

The following courts shall have exclusive jurisdiction, regardless of domicile:

1. in proceedings which have as their object rightsin rem in immovable property or tenancies of immovable property, the courts of thepart of the United Kingdom in which the property is situated;
2. however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of thepart of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same part of the United Kingdom;
in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons . . .the courts of thepart of the United Kingdomin which the company, legal person or association has its seat;
in proceedings which have as their object the validity of entries in public registers, the courts of thepart of the United Kingdomin which the register is kept;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in proceedings concerned with the enforcement of judgments, the courts of thepart of the United Kingdomin which the judgment has been or is to be enforced.

Section 6 Prorogation of jurisdiction¶

Article 17¶

If the parties . . .have agreed that a court or the courts of apart of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship,and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have . . .jurisdiction . . .

The court or courts of apart of the United Kingdom on which a trust instrument has conferred jurisdiction shall have . . .jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article . . . 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

. . .

In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen or if the employee invokes it to seise courts other than those for the defendant’s domicile or those specified in Article 5(1).

Article 18¶

Apart from jurisdiction derived from other provisions of thisTitle, a court of apart of the United Kingdom before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered solely to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 16.

Section 7 Examination as to jurisdiction and admissibility¶

Article 19¶

Where a court of apart of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of anotherpart of the United Kingdomhave exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.

Article 20¶

Where a defendant domiciled in onepart of the United Kingdom is sued in a court of anotherpart of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of thisTitle.

. . .

Section 9 Provisional, including protective, measures¶

Article 24¶

Application may be made to the courts of apart of the United Kingdom for such provisional, including protective, measures as may be available under the law of thatpart, even if, under thisTitle, the courts of anotherpart of the United Kingdom have jurisdiction as to the substance of the matter.

SCHEDULE 5 ¶

PROCEEDINGS EXCLUDED FROM SECTION 4

Section 17.

Proceedings under the Companies Acts¶

1Proceedings for the winding up of a company under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989, or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.

Patents, trade marks, designs and similar rights¶

^C172Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.

Protection of Trading Interests Act 1980¶

3Proceedings under section 6 of the ^M31Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

Appeals etc. from tribunals¶

4Proceedings on appeal from, or for review of, decisions of tribunals.

Maintenance and similar payments to local and other public authorities¶

5^F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings under certain conventions, etc.¶

6Proceedings brought in any court in pursuance of—

a any statutory provision which, in the case of any convention to which the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter, implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and

b any rule of law so far as it has the effect of implementing any such convention.

Certain Admiralty proceedings in Scotland¶

7Proceedings in Scotland in an admiralty action where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestmentin remorad fundandam jurisdictionem of a ship, cargo or freight.

Register of aircraft mortgages¶

8Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

Continental Shelf Act 1964¶

9Proceedings brought in any court in pursuance of an order under section 11 of the Petroleum Act 1998.

Financial Services Act 1986¶

10Proceedings such as are mentioned in section 415 of the Financial Services and Markets Act 2000.

Proceedings by third parties against insurers¶

11Proceedings under the Third Parties (Rights against Insurers) Act 2010.

SCHEDULE 6 ¶

ENFORCEMENT OF U.K. JUDGMENTS (MONEY PROVISIONS)

Section 18.

Preliminary¶

1In this Schedule—

“judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;
“money provision” means a provision for the payment of one or more sums of money;
“prescribed” means prescribed by rules of court.

Certificates in respect of judgments¶

1 Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any money provisions contained in a judgment may apply for a certificate under this Schedule.

2 The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

a in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

b in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

c in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

d in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

e in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—

a either—

i the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

ii such an appeal having been brought within that time, that appeal has been finally disposed of; and

b enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

1 Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant a certificate in the prescribed form—

a stating the sum or aggregate of the sums (including any costs or expenses) payable under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;

b stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment; and

c containing such other particulars as may be prescribed.

2 More than one certificate may be issued under this Schedule (simultaneously or at different times) in respect of the same judgment.

Registration of certificates¶

1 Where a certificate has been issued under this Schedule in any part of the United Kingdom, any interested party may, within six months from the date of its issue, apply in the prescribed manner to the proper officer of the superior court in any other part of the United Kingdom for the certificate to be registered in that court.

2 In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

3 Where an application is duly made under this paragraph to the proper officer of a superior court, he shall register the certificate in that court in the prescribed manner.

General effect of registration¶

1 A certificate registered under this Schedule shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the certificate had been a judgment originally given in the registering court and had (where relevant) been entered.

2 Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and the conditions subject to which a certificate registered under this Schedule may be enforced.

Costs or expenses¶

7Where a certificate is registered under this Schedule, the reasonable costs or expenses of and incidental to the obtaining of the certificate and its registration shall be recoverable as if they were costs or expenses stated in the certificate to be payable under a money provision contained in the original judgment.

Interest¶

1 Subject to any provision made under sub-paragraph (2), the debt resulting, apart from paragraph 7, from the registration of the certificate shall carry interest at the rate, if any, stated in the certificate from the date or time so stated.

2 Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of sub-paragraph (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

3 All such sums as are recoverable by virtue of paragraph 7 carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the certificate.

4 Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest.

Stay or sisting of enforcement in certain cases¶

9Where a certificate in respect of a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the certificate is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the certificate, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registration of a certificate must or may be set aside¶

10Where a certificate has been registered under this Schedule, the registering court—

a shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

b may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment in question was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

SCHEDULE 7 ¶

ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS)

Section 18.

Preliminary¶

1In this Schedule—

“judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;
“non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money;
“prescribed” means prescribed by rules of court.

Certified copies of judgments¶

1 Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any non-money provisions contained in a judgment may apply for a certified copy of the judgment.

2 The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

a in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

b in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

c in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

d in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

3A certified copy of a judgment shall not be issued under this Schedule unless under the law of the part of the United Kingdom in which the judgment was given—

a either—

i the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

ii such an appeal having been brought within that time, that appeal has been finally disposed of; and

b enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

1 Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant—

a a certified copy of the judgment (including any money provisions or excepted provisions which it may contain); and

b a certificate stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment.

2 In sub-paragraph (1)(a) “excepted provision” means any provision of a judgment which is excepted from the application of section 18 by subsection (5) of that section.

3 There may be issued under this Schedule (simultaneously or at different times)—

a more than one certified copy of the same judgment; and

b more than one certificate in respect of the same judgment.

Registration of judgments¶

1 Where a certified copy of a judgment has been issued under this Schedule in any part of the United Kingdom, any interested party may apply in the prescribed manner to the superior court in any other part of the United Kingdom for the judgment to be registered in that court.

2 In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

3 An application under this paragraph for the registration of a judgment must be accompanied by—

a a certified copy of the judgment issued under this Schedule; and

b a certificate issued under paragraph 4(1)(b) in respect of the judgment not more than six months before the date of the application.

4 Subject to sub-paragraph (5), where an application under this paragraph is duly made to a superior court, the court shall order the whole of the judgment as set out in the certified copy to be registered in that court in the prescribed manner.

5 A judgment shall not be registered under this Schedule by the superior court in any part of the United Kingdom if compliance with the non-money provisions contained in the judgment would involve a breach of the law of that part of the United Kingdom.

General effect of registration¶

1 The non-money provisions contained in a judgment registered under this Schedule shall, for the purposes of their enforcement, be of the same force and effect, the registering court shall have in relation to their enforcement the same powers, and proceedings for or with respect to their enforcement may be taken, as if the judgment containing them had been originally given in the registering court and had (where relevant) been entered.

2 Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and conditions subject to which the non-money provisions contained in a judgment registered under this Schedule may be enforced.

Costs or expenses¶

1 Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to—

a the obtaining of the certified copy of the judgment and of the necessary certificate under paragraph 4(1)(b) in respect of it; and

b the registration of the judgment,

shall be recoverable as if on the date of registration there had also been registered in the registering court a certificate under Schedule 6 in respect of the judgment and as if those costs or expenses were costs or expenses stated in that certificate to be payable under a money provision contained in the judgment.

2 All such sums as are recoverable by virtue of sub-paragraph (1) shall carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the judgment.

Stay or sisting of enforcement in certain cases¶

8Where a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the judgment is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the judgment, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registered judgment must or may be set aside¶

9Where a judgment has been registered under this Schedule, the registering court—

a shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

b may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

^C18SCHEDULE 8 ¶

RULES AS TO JURISDICTION IN SCOTLAND

General¶

1Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.

Special jurisdiction¶

2Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction over individual contracts of employment), 5 (exclusive jurisdiction) and 6 (prorogation), a person may also be sued—

a where he has no fixed residence, in a court within whose jurisdiction he is personally cited;

b in matters relating to a contract, in the courts for the place of performance of the obligation in question;

c in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

d as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that the court has jurisdiction to entertain civil proceedings;

e in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person;

e ^F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

g in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the Trusts (Scotland) Act 1921;

ga in the person's capacity as an executor (where confirmation has been obtained in Scotland)—

i in the Court of Session, or

ii before a sheriff of the sheriffdom in which confirmation was obtained.

h where he is not domiciled in the United Kingdom, in the courts for any place where—

i any movable property belonging to him has been arrested; or

ii any immovable property in which he has any beneficial interest is situated;

i in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated;

j in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;

k in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;

l in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;

m in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;

n in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;

i where he is one of a number of defenders, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

ii as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

iii on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

p in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immovable property, in the courts for the place where the property is situated;

q as regards a claim for limitation of liability arising from the use or operation of a ship, in the court having jurisdiction in the action relating to such liability.

Jurisdiction over consumer contracts¶

1 In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, subject to rule 5, jurisdiction shall be determined by this rule if—

a it is a contract for the sale of goods on instalment credit terms; or

b it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

c in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in Scotland or, by any means, directs such activities to Scotland or to several places including Scotland, and the contract falls within the scope of such activities.

2 This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

3 A consumer may bring proceedings against the other party to a contract only in—

a the courts for the place in which that party is domiciled;

b the courts for the place in which he is himself domiciled; or

c any court having jurisdiction by virtue of rule 2(f) or (i).

4 Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i).

5 The provisions of this rule shall not affect the right to bring a counterclaim in the court in which, in accordance with this rule, the original claim is pending.

^F3536 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction over individual contracts of employment¶

1 In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 2(f).

2 An employer may be sued—

a in the courts for the place where he is domiciled; or

b in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so; or

c if the employee does not or did not habitually carry out his work in any one place, in the courts for the place where the business which engaged the employee is or was situated.

3 An employer may bring proceedings only in the courts for the place in which the employee is domiciled.

4 The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

5 The provisions of this rule may be departed from only by an agreement on jurisdiction—

a which is entered into after the dispute has arisen; or

b which allows the employee to bring proceedings in courts other than those indicated in this rule.

Exclusive jurisdiction¶

1 Notwithstanding anything contained in any of rules 1 to 4 above or 6 to 9 below but subject to paragraph (3) below, the following courts shall have exclusive jurisdiction:—

a in proceedings which have as their object rights in rem in, or tenancies of, immovable property, the courts for the place where the property is situated;

b in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts for the place where the company, legal person or association has its seat;

c in proceedings which have as their object the validity of entries in public registers, the courts for the place where the register is kept;

d in proceedings concerned with the enforcement of judgments, the courts for the place where the judgment has been or is to be enforced.

2 No court shall exercise jurisdiction in a case where immovable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgment has been or is to be enforced is situated outside Scotland and where paragraph (1) would apply if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland.

3 In proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts for the place in which the defender is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and tenant are domiciled in Scotland.

Prorogation of jurisdiction¶

1 If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have jurisdiction.

2 Such an agreement conferring jurisdiction shall be either—

a in writing or evidenced in writing; or

b in a form which accords with practices which the parties have established between themselves; or

c in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

3 Any communication by electronic means which provides a durable record of the agreement shall be equivalent to “writing”.

4 The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

5 Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (4) above applies may be brought in any court in Scotland.

6 Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

1 Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction.

2 This rule shall not apply where appearance was entered to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

Examination as to jurisdiction and admissibility¶

8Where a court is seised of a claim which is principally concerned with a matter over which another court has exclusive jurisdiction by virtue of rule 5, or where it is precluded from exercising jurisdiction by rule 5(2), it shall declare of its own motion that it has no jurisdiction.

9Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.

SCHEDULE 9 ¶

PROCEEDINGS EXCLUDED FROM SCHEDULE 8

Section 21.

1Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings ^F98. . . of affiliation and aliment.

2Proceedings for regulating the custody of children.

2AProceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act.

3Proceedings relating to guardianship of children and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.

4Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors.

5Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up.

6Admiralty actions in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.

7Commissary proceedings.

8Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

9Proceedings under section 7(3) of the ^M32Civil Aviation (Eurocontrol) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol).

10Proceedings brought in pursuance of an order under section 11 of the Petroleum Act 1998.

11Proceedings under section 6 of the ^M33Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

12Appeals from or review of decisions of tribunals.

13Proceedings which are not in substance proceedings in which a decree against any person is sought.

14Proceedings brought in any court in pursuance of—

b any rule of law so far as it has the effect of implementing any such convention.

^X8SCHEDULE 10 ¶

^M34AMENDMENTS OF FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

Section 53.

1 Section 1 (power to extend Part I to foreign countries giving reciprocal treatment) is amended as follows.

2 For subsections (1) and (2) substitute—

1 If, in the case of any foreign country, Her Majesty is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to, or to any particular class of, judgments given in the courts of that country or in any particular class of those courts, substantial reciprocity of treatment shall be assured as regards the enforcement in that country of similar judgments given in similar courts of the United Kingdom, She may by Order in Council direct—

a that this Part of this Act shall extend to that country;

b that such courts of that country as are specified in the Order shall be recognised courts of that country for the purposes of this Part of this Act ; and

b that judgments of any such recognised court, or such judgments of any such class so specified, shall, if within subsection (2) of this section, be judgments to which this Part of this Act applies.

2 Subject to subsection (2A) of this section, a judgement of a recognised court is within this subsection if it satisfies the following conditions, namely—

a it is either final and conclusive as between the judgement debtor and the judgement creditor or requires the former to make an interim payment to the latter ; and

b there is payable under it a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty ; and

c it is given after the coming into force of the Order in Council which made that court a recognised court.

2A The following judgments of a recognised court are not within subsection (2) of this section—

a a judgement given by that court on appeal from a court which is not a recognised court;

b a judgement or other instrument which is regarded for the purposes of its enforcement as a judgement of that court but which was given or made in another country ;

c a judgement given by that court in proceedings founded on a judgement of a court in another country and having as their object the enforcement of that judgement.

3 After subsection (4) add—

2In section 9 (power to make foreign judgment unenforceable in United Kingdom if no reciprocity), in subsection (1) omit “superior” in both places where it occurs.

3For section 10 (issue of certificates of judgments obtained in the United Kingdom) substitute—

10 Provision for issue of copies of, and certificates in connection with, U.K. judgments.

1 Rules may make provision for enabling any judgement creditor wishing to secure the enforcement in a foreign country to which Part I of this Act extends of a judgement to which this subsection applies, to obtain, subject to any conditions specified in the rules—

a a copy of the judgement; and

b a certificate giving particulars relating to the judgement and the proceedings in which it was given.

2 Subsection (1) applies to any judgment given by a court or tribunal in the United Kingdom under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty.

3 In this section “rules”—

a in relation to judgments given by a court, means rules of court;

b in relation to judgments given by any other tribunal, means rules or regulations made by the authority having power to make rules or regulations regulating to procedure of that tribunal.

4After section 10 insert—

1 Section 1(1) (interpretation) is amended as follows.

2 After the definition of “Country of the original court” insert—

3 Omit the definition of “Judgments given in the superior courts of the United Kingdom”.

^X9SCHEDULE 11 ¶

MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS

Section 37(1).

PART I ENFORCEMENT OF LUMP SUM ORDERS¶

Maintenance Orders Act 1950 (c. 37)¶

1In section 18(3A) of the Maintenance Orders Act 1950 (order not to be enforced by registering court under that Act if re-registred for enforcement in another court), for “whilst it is registered” substitute “ to the extent that it is for the time being registered ”.

Maintenance Orders Act 1958 (c.39)¶

^F1372. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)¶

1 Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows.

2 In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

3 After subsection (3) insert—

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)¶

1 In section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of orders), after subsection (1) insert—

2 In section 21 of that Act (interpretation of Part I)—

a in paragraph (a) of the definition of “maintenance order” in subsection (1) ; and

b in subsection (2),

for “periodical payment of sums of money” substitute “ payment of a lump sum or the making of periodical payments ”.

PART II RECOVERY OF INTERESTS ON ARREARS¶

Maintenance Orders Act 1950 (c. 37)¶

5In section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), after subsection (1) (orders to be enforced in the same manner as orders made by the court of registration), insert—

1A A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest ; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the proder provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

1B A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if the interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section.

Maintenance Orders Act 1958 (c.39)¶

1 The Maintenance Orders Act 1958 is amended as follows.

2 After section 2 insert—

2A Interest on sums recoverable under certain orders registered in the High Court.

1 Where, in connection with an application under section 2(3) of this Act for the registration of a magistrates’ court order, the applicant shows in accordance with the rules of court—

a that the order, though deemed for the purposes of section 1 of this Act to have been made by a magistrates’ court in England, was in fact made in another part of the United Kingdom or in a country or territory outside the United Kingdom ; and

b that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that part or of that country or territory, recoverable under the order from a particular date or time.

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 2(4)(c) of this Act, it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

2 The officer of the court who receives a certificate sent to him under the preceding subsection shall cause the certificate to be registered in that court together with the order to which it relates.

3 Where an order is registered together with a certificate under this section, then , subject to any provision made under the next following subsection, sums payable under the order shall carry interest at the rate specified in the certificate from the date or time so specified.

4 Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

5 Except as provided by this section sums payable under registered orders shall not carry interest.

3 In section 3(1) of that Act (enforcement of registered orders), after “Subject to the provisions of” insert “ section 2A of this Act and ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)¶

1 The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.

2 After section 11 insert—

11A Interest on sums recoverable under certain orders registered in the High Court.

1 Where, in connection with an application under section 11(3) for the registration of an order made by a court of summary jurisdiction, the applicant shows in accordance with the rules of court—

a that the order, though deemed for the purposes of this Part to have been made by a court of summary jurisdiction in Northern Ireland, was in fact made in a country or territory outside the United Kingdom ; and

b that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that country or territory, recoverable under the order from a particular date or time,

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 11(4)(c) it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

2 The officer of a court who receives a certificate sent to him under subsection (1) shall cause the certificate to be registered in that court together with the order to which it relates.

3 Where an order is registered together with a certificate under this section, then, subject to any provision made under subsection (4), sums payable under the order shall carry interest at the rate specified in the certificate from the date or the time so specified.

5 Except as provided by this section sums payable under registered order shall not carry interest.

3 In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”.

4 In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.

PART III RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS¶

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)¶

8The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

9In section 2 (transmission of United Kingdom order for enforcement in reciprocating country)—

a in subsections (1) and (4), after “residing” insert “ or has assets ” ; and

b in subsection (4), after “whereabouts of the payer”, in both places where it occurs, insert “ and the nature and location of his assets in that country ”.

10In section 6 (registration in United Kingdom of order in reciprocating country)—

a in subsection (2), after “residing” insert “ or has assets ” ; and

b in subsection (4)—

i after “is residing” insert “ or has assets ”;

ii for “so residing” substitute “ residing and has no assets in the jurisdiction of the court ”; and

iii at the end insert “ and the nature and location of his assets ”.

11In section 8(5) (duty of magistrates’ court and its officers to take prescribed steps for enforcing registered orders), after “enforcing” insert “ or facilitating the enforcment of ”.

12In section 9 (variation and revocation of orders), after subsection (1A) inserted by paragraph 4(1) of this Schedule, insert—

1 Section 10 (cancellation of registration and transfer of orders) is amended as follows.

2 In subsection (2), for “has ceased to reside within the jurisdiction of that court,” substitute “ is not residing in the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, ”.

3 In subsection (3), after “residing” insert “ or has assets ”.

4 In subsection (5), for “still residing” substitute “ residing or has assets ”.

5 In subsection (6)—

a after “is residing” insert “ or has assets ”; and

b for “so residing” insert “ residing and has no assets within the jurisdiction of the court ”.

6 In subsection (7)(b), after “payer” insert “ and the nature and location of his assets ”.

14In section 11(1) (steps to be taken where payer is not residing in the United Kingdom)—

a before “it appears” insert “ at any time ”;

b for the words from “in the United Kingdom” to “therein,” substitute “ and has no assest in the United Kingdom, ”; and

c after “payer” in paragraph (c) insert “ and the nature and location of his assets ”.

15In section 21(1) (interpretation of Part I), in the definition of “the appropriate court”—

i after “residing”, in the first and second places where it occurs, insert “ or having assets ”;

ii for “the sheriff court” substitute “ a sheriff court ”; and

iii after “residing”, where it last occurs, insert “ or has assets ”.

16In section 24 (application of Part I to certain order and proceedings under ^M35Maintenance Orders (Facilities for Enforcement) Act 1920), in paragraph (a)(i) and (ii), after “residing” insert “ or having assets ”.

17In section 40 (power to apply Act with modifications by Order in Council)—

a in paragraph (a), omit “against persons in that country or territory” ; and

b in paragraph (b), omit “against persons in the United Kingdom”.

18In section 47 (interpretation), in subsection (3) (construction of references to a courts’ jurisdiction), after “the reference is” insert “ to assets being located or ” and omit the words “or having ceased to reside”.

^X10SCHEDULE 12 ¶

CONSEQUENTIAL AMENDMENTS

Sections 15(4), 23(2) and 36(6).

PART I AMENDMENTS CONSEQUENTIAL ON PART I OF THIS ACT¶

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)¶

1In section 150 of the Army Act 1955 and in section 150 of the Air Force Act 1955 (enforcement of maintenance and other orders by deduction from pay), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Naval Discipline Act 1957 (c. 53)¶

2In section 101 of the Naval Discipline Act 1957 (service of process in maintenance and other proceedings), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)¶

^F1393. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)¶

4In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies), in subsections (2) and (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Administration of Justice Act 1970 (c. 31)¶

5In Schedule 8 to the Administration of Justice Act 1970 (orders which are “maintenance orders” for the purposes of Part II of that Act and Part II of the Maintenance Orders Act 1958), after paragraph 12 insert—

Attachment of Earnings Act 1971 (c. 32)¶

6In Schedule 1 to the Attachment of Earnings Act 1971 (orders which are “maintenance orders” for the purposes of that Act), after paragraph 12 insert—

Magistrates’ Courts Act 1980 (c. 43)¶

^F1387. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))¶

1 In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order), in paragraph (a), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders ”.

2 In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (b) of paragraph (11), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

PART II AMENDMENTS CONSEQUENTIAL ON SCHEDULE 8¶

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)¶

1In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—

Maintenance Orders Act 1950 (c. 37)¶

2In section 15(1)(b) of the Maintenance Orders Act 1950 for the words “for separation and ailment” there shall be substituted the words “ which contains a conclusion for ailment not falling within the scope of paragraph (a)(i) above ”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)¶

1 In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—

2 In subsections (3), (4) and (5) of that section for the words “in which the sheriff has jurisdiction by virtue of” there shall be substituted in each place where they occur the words “ referred to in ”.

Consumer Credit Act 1974 (c. 39)¶

4In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—

3 In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court.

3A Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—

a the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982);

b the court for the place where the debtor or hirer carries on business ; and

c where the purposes of the action is to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated.

3B Subsection (3A) shall not apply—

a where Rule 3 of Schedule 8 to the Act of 1982 applies; or

b where the jurisdiction of another court has been prorogated by an agreement entered in to after the dispute has arisen.

PART III AMENDMENTS CONSEQUENTIAL ON SECTION 36¶

Maintenance Orders Act 1950 (c.37)¶

1 The Maintenance Orders Act 1950 is amended as follows.

2 In section 18 (enforcement of registered orders), after subsection (3A) insert—

3 In section 21(2) (evidence admissible before court where order registered)—

a in paragraph (a) after “1958” insert “ or under section 36 of the Civil Jurisdiction and Judgments Act 1982 ” ;

b after “that Act” (twice) insert “ of 1958 ”;

c after paragraph (b) insert—

4 In section 24(3) (notice of cancellation of order to be given to other courts interested), after “Part I of the Maintenance Orders Act 1958” insert “ or section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)¶

2In section 23(2) of the Maintenance Orders Act 1958 (provisions which extend to Scotland and Northern Ireland) after “section 2” insert “ section 2A ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)¶

1 The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.

2 At the beginning of section 9 (introductory provisions relating to registration in one court of maintenance order made by another) insert “ Without prejudice to section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

3 In section 10 (orders to which Part II applies), after subsection (1) insert—

4 In section 13 (variation of orders registered in courts of summary jurisdiction), after subsection (7) insert—

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I.))¶

4In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981 (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add “ but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.))¶

1 In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order)—

a in paragraph (a), delete the words “or the Maintenance Orders Act 1950”;

b after paragraph (a) insert—

2 In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (d) of paragraph (11), at the end add—

SCHEDULE 13 ¶

Commencement, Transitional Provisions and Savings

Section 53.

Part I Commencement¶

Provisions coming into force on Royal Assent¶

1The following provisions come into force on Royal Assent:

Provision	Subject-matter
section 53(1) and Part 1 of this Schedule.	Commencement.
section 55	Short title.

Provisions coming into force six weeks after Royal Assent¶

2The following provisions come into force at the end of the period of six weeks beginning with the day on which this Act is passed:

Provision	Subject-matter
section 24(1)(a), (2)(a) and (3).	Interim relief and protective measures in cases of doubtful jurisdiction.
section 29	Service of county court process outside Northern Ireland.
section 30	Proceedings in England and Wales or Northern Ireland for torts to immovable property.
section 31	Overseas judgments given against states.
section 32	Overseas judgments given in breach of agreement for settlement of disputes.
section 33	Certain steps not to amount to submission to jurisdiction of overseas court.
section 34	Certain judgments a bar to further proceedings on the same cause of action.
section 35(3)	Consolidation of Orders in Council under section 14 of the ^M36Administration of Justice Act 1920.
section 38	Overseas judgments counteracting an award of multiple damages.
section 40	Power to modify enactments relating to legal aid, etc.
section 49	Saving for powers to stay, sist, strike out or dismiss proceedings.
section 50	Interpretation: general.
section 51	Application to Crown.
section 52	Extent.
paragraphs 7 to 10 of Part II of this Schedule and section 53(2) so far as relates to those paragraphs.	Transitional provisions and savings.
section 54 and Schedule 14 so far as relating to the repeal of provisions in section 4 of the ^M37Foreign Judgments (Reciprocal Enforcement) Act 1933.	Repeals consequential on sections 32 and 33.

Provisions coming into force on a day to be appointed¶

^C191 The other provisions of this Act come into force on such day as the Lord Chancellor and the Lord Advocate may appoint by order made by statutory instrument.

2 Different days may be appointed under this paragraph for different purposes.

Part II Transitional Provisions and Savings¶

Section 16 and Schedule 4¶

1 Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section.

2 Nothing in section 16 or Schedule 4 shall preclude the bringing of proceedings in any part of the United Kingdom in connection with a dispute concerning a contract if the parties to the dispute had agreed before the commencement of that section that the contract was to be governed by the law of that part of the United Kingdom.

Section 18 and Schedule 6 and associated repeals¶

1 In relation to a judgment a certificate whereof has been registered under the 1868 Act or the 1882 Act before the repeal of that Act by this Act, the 1868 Act or, as the case may be, the 1882 Act shall continue to have effect notwithstanding its repeal.

2 Where by virtue of sub-paragraph (1) the 1882 Act continues to have effect in relation to an order to which section 47 of the ^M38Fair Employment (Northern Ireland) Act 1976 (damages etc. for unfair discrimination) applies, that section shall continue to have effect in relation to that order notwithstanding the repeal of that section by this Act.

3 A certificate issued under Schedule 6 shall not be registered under that Schedule in a part of the United Kingdom if the judgment to which that certificate relates is the subject of a certificate registered in that part under the 1868 Act or the 1882 Act.

4 In this paragraph—

“the 1868 Act” means the ^M39Judgments Extension Act 1868;
“the 1882 Act” means the ^M40Inferior Courts Judgments Extension Act 1882;
“judgment” has the same meaning as in section 18.

Section 18 and Schedule 7¶

3Schedule 7 and, so far as it relates to that Schedule, section 18 shall not apply to judgments given before the coming into force of that section.

Section 19¶

4Section 19 shall not apply to judgments given before the commencement of that section.

Section 20 and Schedule 8¶

5Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.

Section 26¶

6The power conferred by section 26 shall not be exercisable in relation to property arrested before the commencement of that section or in relation to bail or other security given—

a before the commencement of that section to prevent the arrest of property; or

b to obtain the release of property arrested before the commencement of that section; or

c in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b).

Section 31¶

7Section 31 shall not apply to any judgment—

a which has been registered under Part II of the ^M41Administration of Justice Act 1920 or Part I of the ^M42Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

b in respect of which proceedings at common law for its enforcement have been finally determined before that time.

Section 32 and associated repeal¶

1 Section 32 shall not apply to any judgment—

a which has been registered under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or Part I of the ^M43Maintenance Orders (Reciprocal Enforcement) Act 1972 before the time when that section comes into force; or

b in respect of which proceedings at common law for its enforcement have been finally determined before that time.

2 Section 4(3)(b) of the ^M44Foreign Judgments (Reciprocal Enforcement) Act 1933 shall continue to have effect, notwithstanding its repeal by this Act, in relation to a judgment registered under Part I of that Act before the commencement of section 32.

Section 33 and associated repeal¶

1 Section 33 shall not apply to any judgment—

a which has been registered under Part II of the ^M45Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

b in respect of which proceedings at common law for its enforcement have been finally determined before that time.

2 The repeal by this Act of words in section 4(2)(a)(i) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall not affect the operation of that provision in relation to a judgment registered under Part I of that Act before the commencement of section 33.

Section 34¶

10Section 34 shall not apply to judgments given before the commencement of that section.

^X11SCHEDULE 14 ¶

Repeals

Section 54.

Chapter	Short Title	Extent of Repeal
41 Geo. 3. c. 90.	Crown Debts Act 1801.	The preamble.
		Sections 1 to 8.
5 Geo. 4. c. 111.	Crown Debts Act 1824.	The whole Act.
22 & 23 Vict. c. 21.	Queen’s Remembrancer Act 1859.	Section 24.
31 &32 Vict. c. 54.	Judgements Extension Act 1868.	The whole Act.
31 & 32 Vict. c. 96.	Ecclesiastical Buildings and Glebes (Scotland) Act 1868.	In section 4, the words “of the county in which the parish concerned is situated” and the words from “provided” to the end.
45 & 46 Vict. c. 31.	Inferior Courts Judgements Extension Act 1882.	The whole Act.
Edw. 7. c. 51.	Sheriff Courts (Scotland) Act 1907.	In section 5, the words from the first “Provided” to “that jurisdiction”.
14 & 15 Geo. 5. c. 27.	Conveyancing (Scotland) Act 1924.	In section 23(6) the words from “of the county” to “is situated”.
23 & 24 Geo. 5. c. 31.	Foreign Judgements (Reciprocal Enforcement) Act 1933.	In section 4(2)(a)(i), the words from “otherwise” to “that court”.
		Section 4(3)(b).
		In section 9(1), the word “superior” in both places where it occurs.
		In section 11(1), the definition of “Judgements given in the superior courts of the United Kingdom”.
		In section 12, in paragraph (a) the words from “(except” to “this Act)”, and paragraph (d).
		In section 13(b), the words “and section two hundred and thirteen”, “respectively” and “and 116”.
14 Geo. 6 c. 37.	Maintenance Orders Act 1950.	Section 6.
		Section 8.
		Section 9(1)(a).
		In section 16(2)(b)(v), the words from the beginning to “or”.
4 & 5 Eliz. 2. c. 46.	Administration of Justice Act 1956.	Section 51(a).
1963 c. 22.	Sheriff Courts (Civil Jurisdiction and Procedure)(Scotland) Act 1963.	In Schedule 1, the entry relating to the Crown Debts Act 1801.
1971 c. 55.	Law Reform (Jurisdiction in Delict)(Scotland) Act 1971.	The whole Act.
1972 c. 18	Maintenance Orders (Reciprocal Enforcement) Act 1972.	In section 40—(a) in paragraph (a), the words “against persons in that country or territory”; and (b) in paragraph (b), the words “against persons in the United Kingdom”.
		In section 47(3), the words “or having ceased to reside”.
		In the Schedule, paragraph 4.
1976 c. 25.	Fair Employment (Northern Ireland) Act 1976.	Section 47.
1978 c. 23.	Judicature (Northern Ireland) Act 1978.	In Part II of Schedule 5— (a) the entry relating to the Crown Debts Act 1801; and (b) in the entry relating to the Foreign Judgements (Reciprocal Enforcment) Act 1933, the word “respectively”, where last occuring, and the words “and 116”.
1981 c. 54.	Supreme Court Act 1981.	In Schedule 5, paragraph 2 of the entry relating to the Foreign Judgements (Reciprocal Enforcement) Act 1933.

Footnotes

C1
Act: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 8 (with arts. 28-31)
F1
Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3
F2
Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.
F3
S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6
F4
Words in s. 2 substituted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para.1 (with s. 4); S.I. 1992/745, art.2
F5
Words in s. 3 substituted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para.1 (with s. 4); S.I. 1992/745, art. 2
F6
S. 3A repealed (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 4 (with reg. 48)
F7
S. 3B repealed (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 4 (with reg. 48)
C2
S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).
S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).
C3
S. 7 applied (with modifications) (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 47(2)-(4) (with reg. 48)
F8
S. 9(1A) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 2
F9
S. 9(2) omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 10(2) (with reg. 48)
C4
S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.
C5
S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.
F10
Words in s. 15(2) substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 15(2) (with reg. 48)
X1
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F11
Words in s. 16(1) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(i) (with transitional provisions in art. 6)
F12
S. 16(1)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(ii) (with transitional provisions in art. 6)
F13
Words in s. 16(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(iii) (with transitional provisions in art. 6)
F14
S. 16(2) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(b) (with transitional provisions in art. 6)
F15
Words in s. 16(3)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(i) (with transitional provisions in art. 6)
F16
Words in s. 16(3)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(ii) (with transitional provisions in art. 6)
X2
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M1
1950 c. 37.
C6
S. 17(1) excluded (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 4(4)
C7
S. 18: power to exclude conferred (1.12.1993) (by adding 1991 c. 24, Sch. 4 para. 19(4)), by 1993 c. 36, s. 46 (with s. 78(6)); S.I. 1993/2734, art. 2, Sch.
S. 18: power to restrict conferred (E.W.) (3.2.1995) by 1994 c. 37, S. 38(4)
S. 18: power to exclude conferred (S.) (1.4.1996) by 1995 c. 43, s. 39(4)
S. 18: power to exclude conferred (N.I.) (25.8.1996) by S.I. 1996/1299 (N.I. 9), art. 3(3)
F17
S. 18(2)(f) inserted (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), art. 34
F18
S. 18(3)(ba) added by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 36
F19
Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F20
S. 18(c)(i)(ii) repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. IV
F21
S. 18(3)(d) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1), Sch. 11 para. 11; S.I. 2003/333, art. 2, Sch. (with arts. 10-13 (as amended by S.I. 2003/531, arts. 3, 4)); S.S.I. 2003/210, art. 2, Sch. (with art. 7)
M2
1856 c. 56.
M3
1981 c. 49.
M4
1981 c. 54.
F22
Words in s. 18(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
F23
S. 18(4A) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 6
F24
Words in s. 18(4A) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 42
M5
1950 c. 37.
F25
S. 18(6)(b) beginning “any order" substituted (14.10.1991) for s. 18(6)(b) beginning “any provision" by Courts and Legal Services Act 1990 (c. 41, SIF 76), ss. 116, 123(4), Sch. 16 para. 41; S.I. 1991/1883, art. 3 Sch.
C8
S. 18(7) extended (1.4.1993) by S.I. 1993/604, art. 7.
S. 18(7) extended (1.3.2002) by S.I. 2001/3928, art. 3
C9
S. 18(7) extended (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 47(7) (with reg. 48)
M6
1920 c. 81.
M7
1933 c. 13.
M8
1972 c. 18.
F26
Words in s. 20(3) renumbered as s. 20(3)(a) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 4(a)
F27
S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)
F28
Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)
F29
Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)
F30
Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)
C10
S. 21(1) excluded (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 5(4)
M9
1950 c. 37.
M10
1972 c. 18.
X3
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F31
Word in s. 25(3)(b) omitted (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 6(3)(b)
F32
S. 25(3)(c) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2
F33
S. 25(5) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4, S.I. 1996/3146, art. 3, Sch. 2
F34
Words in s. 26(1) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2
F35
Words in s. 26(1)(a)(i) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2
F36
Words in s. 26(2) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2
F37
S. 27(1)(ba) inserted (S.) (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), sch. 5 para. 12(a) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 1 para. 2 (with arts. 4-7, 10, 15)
F38
S. 27(2)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 11(b)
F39
Words in s. 27(2)(c) substituted (S.) (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), sch. 5 para. 12(b) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 1 para. 2 (with arts. 4-7, 10, 15)
F40
S. 28 re-numbered as s. 28(1) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 8(2)
F41
Word in s. 28 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 12(b)
M11
1972 c. 59.
F42
Words inserted (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 59, Sch. 2 para. 24
M12
S.I. 1980/397 (N.I. 3).
M13
1978 c. 33.
M14
1933 c. 13.
M15
1965 c. 37.
M16
1965 c. 57.
F43
Words in s. 31(3) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 66(a) (with s. 312(1))
F44
Words in s. 31(3) substituted (1.7.2006) by The Railways (Convention on International Carriage by Rail) Regulations 2005 (S.I. 2005/2092), reg. 9(2), Sch. 3 para. 2 (with reg. 9(3))
F45
Words in s. 31(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
M17
1933 c. 13.
M18
1965 c. 37.
M19
1965 c. 57.
F46
Words in s. 32(4)(b) repealed (1.1.1996) by 1995 c. 21, ss. 314(1)(2), 316(2), Schs. 12, 13, para. 66(b)(i) (with ss. 312(1), Sch. 14 para. 1)
F47
Words in s. 32(4) substituted (1.7.2006) by The Railways (Convention on International Carriage by Rail) Regulations 2005 (S.I. 2005/2092), reg. 9(2), Sch. 3 para. 2 (with reg. 9(3))
F48
Words in s. 32(4)(b) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
F49
Words in s. 32(4)(b) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), Sch. 13 para. 66(b)(ii) (with s. 312(1))
M20
1933 c. 13.
X4
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M21
1920 c. 81.
M22
1920 c. 81.
M23
1950 c. 37.
M24
1958 c. 39.
F50
S. 36(3)(d) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(a); S.R. 1996/454, art. 3
M25
1966 c. 35 (N.I.)
F51
S. 36(4)(a)-(e) and preceding words inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(b); S.R. 1996/454, art. 3
F52
Words in s. 36(5) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 117(1); S.R. 1996/297, art. 2(2)
M26
1950 c. 37.
F53
S. 36(5A) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 117(2); S.R. 1996/297 art. 2(2)
X5
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M27
1972 c. 18.
F54
S. 37(2) repealed (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 2(2), Sch. 3; S.I. 1993/618, art. 2
X6
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M28
1980 c. 11.
F55
S. 39(2)(c) consisting of words “any colony." substituted (1.10.1991) for s. 39(2)(c) and (d) commencing “(c) Gibraltar" by S.I. 1990/2591, art. 10
M29
1960 c. 52.
F56
S. 40(1) repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6
F57
S. 40(2) repealed (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 4 para. 3(1), Sch. 5
C11
S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)
S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)
C12
S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)
S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)
F58
Words in s. 43(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 16(a)
F59
Words in s. 43(1)(c) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 16(b)
F60
S. 46(3)(aa) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 18(2)(with s. 126(3)); S.I. 1998/3178, art. 2(2), Sch. 3
F61
Words in s. 46(7) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 18(2) (with s. 126(3)); S.I. 1998/3179, art. 2(2), Sch. 3
C13
S. 48 applied (1.4.1993) by S.I. 1993/604, art. 8.
S. 48 applied (with modifications) (1.3.2002) by S.I. 2001/3928, art. 4
C14
S. 48 applied (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 47(8) (with reg. 48)
C15
S. 48 applied (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 7(1)
F62
Words in s. 48(2) substituted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 5(3)
F63
Words in s. 48(3)(a) substituted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 5(4)(b)
F64
Words in s. 48(3)(e) substituted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 5(4)(d)
F65
Words in s. 48(3)(g) substituted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 5(4)(e)
F66
Definition in s. 50 substituted (1.10.1991) by S.I. 1990/2591, art. 9
F67
Words in s. 50 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 7
F68
Entry in s. 50 repealed (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12), s. 3, Sch. 2 para. 25; S.I. 1992/745, art. 2
F69
S. 50: paragraph (a) in the definition of "court of law" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 23; S.I. 2009/1604, art. 2(e)
F70
S. 50: definition of "Lugano Contracting State" omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(a) (with reg. 48)
F71
S. 50: definition of "the Regulation" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18
M30
1978 c. 30.
F72
S. 52(2)(c) substituted (1.10.1991) for s. 52(2)(c)(d) by S.I. 1990/2591, art. 10
P1
Power of appointment conferred by s. 53(1) fully exercised: S.I. 1984/1553, 1986/1781, 1986/2044
X7
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F73
Sch. 3C inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 1(3), Sch. 1 (with s. 4); S.I. 1992/745, art. 2
F74
Sch. 3C omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 25 (with reg. 48)
F75
Sch. 4 para. 1 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F76
Sch. 4 para. 2 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F77
Sch. 4 para. 3 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F78
Sch. 4 para. 3(b) repealed (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 11
F79
Sch. 4 para. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F80
Sch. 4 para. 5 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F81
Sch. 4 para. 6 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F82
Sch. 4 para. 11 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F83
Sch. 4 para. 12 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F84
Sch. 4 para. 13 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F85
Sch. 4 para. 14 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F86
Sch. 4 para. 15 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F87
Sch. 4 para. 16 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
F88
Sch. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)
C16
Sch. 4 applied (with modifications) (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 4(3)
F89
Words substituted by virtue of Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2 and Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F90
Sch. 5: words in para. 1 substituted (1.10.1991) by S.I. 1989/2405, (N.I. 19) arts. 1(2), 381, Sch. 9 Pt. II para. 32; SR 1991/411, art.2
C17
Sch. 5 para. 2 extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2, Sch. 2 Pt. I para. 1(2)(j)
Sch. 5 para. 2 amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art. 2
M31
1980 c. 11.
F91
Sch. 5 para. 5 repealed (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 12
F92
Words in Sch. 5 para. 7 substituted (S.) (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ss. 213, 227, {Sch. 4 para. 5(1)} (with s. 223); S.S.I. 2010/249, art. 2 (with art. 3)
F93
Words in Sch. 5 para. 9 substituted (15.2.1999) by 1998 c. 17, ss. 50, Sch. 4 para. 17(a) (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2
F94
Words in Sch. 5 para. 10 substituted (3.9.2001) by 2000 c. 8, s. 432(1), Sch. 20 para. 3; S.I. 2001/2632, art. 2, Sch. Pt. II
F95
Sch. 5 para. 10, which was inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 188(2), substituted by Companies Act 1989 (c. 40, SIF 27), ss. 200(2), 213(2)
F96
Sch. 8 para. 2(e) repealed (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 13
F97
Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7
C18
Sch. 8 applied (with modifications) (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 5(3)
F98
Words repealed (S.) by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), s. 28(2), Sch. 2
F99
Sch. 9 para. 2A inserted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 17(b) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F100
Words in Sch. 9 para. 3 substituted (S.) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49: 8), s. 10(1), Sch. 1 para.38 (with s. 1(3))
F101
Word in Sch. 5 para. 6 substituted (S.) (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ss. 213, 227, {Sch. 4 para. 5(2)} (with s. 223); S.S.I. 2010/249, art. 2 (with art. 3)
M32
1962 c. 8.
F102
Words in Sch. 9 para. 10 substituted (15.2.1999) by 1998 c. 17, ss. 50, 52(4), Sch. 4 para. 17(b) (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)
M33
1980 c. 11.
X8
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M34
1933 c. 13.
M35
1920 c. 33.
X9
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
X10
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M36
1920 c. 81.
M37
1933 c. 13.
C19
Power of appointment conferred by Sch. 13 Part I para. 3(1) fully exercised; S.I. 1984/1553, 1986/1781, 2044
M38
1976 c. 25.
M39
1868 c. 54.
M40
1882 c. 31.
M41
1920 c. 81.
M42
1933 c. 13.
M43
1972 c. 18.
M44
1933 c. 13.
M45
1920 c. 81.
X11
The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F103
Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1
F104
Words in Sch. 4, art. 5(1) inserted (1.4.1993) by S.I. 1993/603, art. 2(a).
F105
Sch. 4 art. 6(4) inserted (1.4.1993) by S.I. 1993/603, art. 2(b).
F106
Sch. 4 art. 16(1) substituted (1.4.1993) by S.I. 1993/603, art. 2(c).
F107
Words in Sch. 4 art. 17 inserted (1.4.1993) by S.I. 1993/603, art. 2(d).
F108
Entry in Sch. 3C Article 3 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(a)
F109
Entry in Sch. 3C Article 32 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(b)
F110
Entry in Sch. 3C Article 37 para. 1 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(c)
F111
Entry in Sch. 3C Article 40 para. 1 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(d)
F112
Entry in Sch. 3C Article 41 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(e)
C20
Sch. 3C art. 52 applied (10.6.2002) by S.S.I. 2002/133, Sch. 1 Ch. 8 rule 8.3(3)(b)
F113
References in Sch. 3C Article 55 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(f)(i)
F114
Reference in Sch. 3C Article 55 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(f)(ii)
F115
Reference in Sch. 3C Article 55 inserted (1.8.2000) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 12(f)(iii)
C21
S. 48 applied (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 7
F116
Words in s. 1(1) inserted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 4(a)
F117
Words in s. 1(3) inserted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 4(b)
F118
Words in s. 48(3) inserted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 5(c)(i)
F119
Words in s. 48(3)(a) substituted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 5(c)(ii)
F120
Words in s. 48(3)(b) substituted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 5(c)(iii)
F121
Words in s. 48(3)(e) substituted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 5(c)(iv)
F122
Words in s. 48(3)(g) substituted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 5(c)(v)
F123
Words in s. 48(2)(a) substituted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 5(b)
F124
Words in s. 50 inserted (31.7.2012) by The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012 (S.I. 2012/1770), regs. 1(1), 6
C22
S. 18 excluded (S.) (coming into force in accordance with reg. 1(b) of the amending S.S.I.) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 8(4)
C23
S. 18 excluded (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 1 para. 6(6)
F125
Words in s. 18(7) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 5(2)
F126
Words in s. 33(2) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 5(4)
F127
Words in s. 18(4A)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F128
Words in s. 18(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 66; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F129
Word in s. 36(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(15); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F130
Words in s. 48(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F131
Words in s. 48(3)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F132
Words in s. 48(3)(g) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F133
Words in s. 48(3)(f) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F134
Words in s. 48(3)(h) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F135
Words in s. 50 inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F136
Words in s. 50 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F137
Sch. 11 para. 2 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F138
Sch. 12 para. 7 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F139
Sch. 12 Pt. 1 para. 3 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
C24
S. 18 excluded (N.I.) (coming into force in accordance with reg. 1(1) of the amending Regulations) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012 (S.R. 2012/413), reg. 1(1), Sch. 1 para. 6(6)
F140
Words in s. 1(1) substituted (10.1.2015) by The Civil Jurisdiction and Judgments (Amendment) Regulations 2014 (S.I. 2014/2947), reg. 1, Sch. 1 para. 2 (with reg. 6)
F141
Words in s. 16(1)(b) substituted (10.1.2015) by The Civil Jurisdiction and Judgments (Amendment) Regulations 2014 (S.I. 2014/2947), reg. 1, Sch. 1 para. 3 (with reg. 6)
F142
Words in s. 48(2)(a) omitted (10.1.2015) by virtue of The Civil Jurisdiction and Judgments (Amendment) Regulations 2014 (S.I. 2014/2947), reg. 1, Sch. 1 para. 4(a) (with reg. 6)
F143
Words in s. 20(3) substituted (S.) (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 7(a); S.S.I. 2015/77, art. 2(2)(3), sch. and (E.W.N.I.) (1.4.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700), art. 1(11)(j), Sch. para. 11(2)(a)
F144
Words in s. 20(3)(a) repealed (S.) (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 7(b); S.S.I. 2015/77, art. 2(2)(3), sch. and (E.W.N.I.) (1.4.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700), art. 1(11)(j), Sch. para. 11(2)(b)
F145
S. 40(3) repealed (N.I.) (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), art. 1(2), Sch. 5 (with art. 45); S.R. 2015/194, art. 2, Sch. (with art. 3)
C25
S. 52(2) modified (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 6(2); S.I. 2015/820, reg. 3(q)(ii)
F146
S. 18(6A) inserted (E.W.S.) (1.6.2015) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 18 para. 3; S.I. 2015/964, art. 2(b); and insertion extended to N.I. (20.3.2015) by S.I. 2015/798, arts. 1(2), 7(a)
F147
S. 18(2)(g) inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 114(b); S.I. 2015/983, arts. 2(2)(e), 3(hh)
F148
Word in s. 18(2)(f) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 114(a)(ii); S.I. 2015/983, arts. 2(2)(e), 3(hh) (with art. 6(1))
F149
Words in s. 18(2)(f) repealed (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 114(a)(i), Sch. 8 Pt. 5; S.I. 2015/983, arts. 2(2)(e)(g), 3(hh) (with art. 6(1))
F150
S. 18(6A)(d) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 6(1); S.I. 2015/820, reg. 3(q)(ii)
C26
S. 41 applied by 1998 c. 41, s. 59(1B) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j))
C27
S. 42 applied by 1998 c. 41, s. 59(1B) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j))
C28
S. 45 applied by 1998 c. 41, s. 59(1B) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j))
C29
S. 46 applied by 1998 c. 41, s. 59(1B) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j))
C30
S. 7 applied (with modifications) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 25(2)
C31
S. 18 modified (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 25(4)
C32
S. 48 applied (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 25(5)
F151
S. 4B inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 4
F152
S. 11B inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 8
F153
Words in s. 1(1) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 3(2)
F154
Words in s. 1(3) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 3(3)(a)
F155
Words in s. 1(3) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 3(3)(b)(iii)
F156
Word in s. 7(1) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 6
F157
Word in s. 7(5) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 6
F158
Words in s. 9 inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 7
F159
Words in s. 12 substituted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 9
F160
Words in s. 15(1) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 10(2)
F161
Word in s. 15(2) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 10(3)
F162
Words in s. 16(4) substituted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 11
F163
Words in s. 25(1)(a) inserted (E.W.N.I.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 13(2)
F164
Words in s. 25(3)(a) inserted (E.W.N.I.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 13(2)
F165
S. 25(1)(b) substituted (E.W.N.I.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 13(3)
F166
Words in s. 25(3)(b) inserted (E.W.N.I.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 13(4)(b)
F167
Words in s. 27(2)(a) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 14(2)
F168
Words in s. 27(2)(b) substituted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 14(3)(a)
F169
Words in s. 27(2)(b) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 14(3)(b)
F170
Words in s. 27(3)(a) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 14(4)(b)
F171
Words in s. 27(3)(b) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 14(5)
F172
Words in s. 27(3)(d) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 14(6)(b)
F173
Words in s. 28(1) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 15
F174
Words in s. 32(4)(a) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 16
F175
Words in s. 33(2) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 17
F176
S. 48(1) substituted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 18
F177
Words in s. 49 inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 19
F178
Words in s. 50 inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 20
C33
S. 4B applied (with modifications) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 25(2)(3)
C34
S. 11B applied (with modifications) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 25(2)
F179
Words in s. 50 inserted (1.1.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 13; S.S.I. 2015/378, art. 2, sch.
C35
S. 52(2) power to extend (with modifications) (Channel Islands or Isle of Man) any amendments or repeals made to this Act by 2016 c. 19, to which this section relates (12.5.2016) by Immigration Act 2016 (c. 19), ss. 94(5), 95(6)(7)(b)
C36
S. 41(2)(3) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C37
S. 41(5)(6) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C38
S. 42(1) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C39
S. 42(3)(4) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C40
S. 42(8) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C41
S. 45(2)(3) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C42
S. 46(1) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C43
S. 46(3) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
C44
S. 46(7) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2
F180
Sch. 5 para. 11 and heading inserted (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(3), 21(2); S.I. 2016/550, art. 2
F181
S. 15(3) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 87(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F182
Words in s. 36(4)(b) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 87(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F183
Sch. 8 rule 2(ga) inserted (S.) (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), ss. 27(2), 31(2); S.S.I. 2016/210, reg. 2(1)(a)(2)
F184
Words in s. 18(3) substituted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 7(2); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)
F185
S. 18(4ZA) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 7(3); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)
C45
S. 18 excluded (E.W.) (1.9.1995) by S.I. 1995/1967, art. 2(2)
S. 18 excluded (E.W.) (1.9.1995) by S.I. 1995/1968, art. 2(2)
S. 18 excluded (S.) (1.5.1998) by S.I. 1998/752, art. 3(3)
C46
Act applied (with modifications) (31.12.2020) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (S.I. 2018/1124), regs. 1, 7(1)(2); 2020 c. 1, Sch. 5 para. 1(1)
C47
Act applied (with modifications) (31.12.2020) by The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 (S.I. 2018/1125), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)
C48
S. 25(3) applied (with modifications) (31.12.2020) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (S.I. 2018/1124), regs. 1, 7(3); 2020 c. 1, Sch. 5 para. 1(1)
F186
Ss. 15A-15E and cross-heading inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 26 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F187
Words in s. 9 heading substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 18(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F188
Word in s. 43 heading substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 43(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F189
Sch. 1 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 53 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F190
Sch. 2 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 54 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F191
Sch. 3 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 55 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F192
Sch. 3A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 56 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F193
Sch. 3B omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 57 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F194
Sch. 3BB omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 58 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F195
Sch. 3D inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 1 (with s. 3(1))
F196
Sch. 3E inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 2 (with s. 3(1))
F197
Sch. 3F inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 3 (with s. 3(1), Sch. 5 para. 7)
F198
Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)
F199
Sch. 4 rule 7 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 59(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F200
Sch. 4 rule 8 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 59(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F201
Sch. 4 rule 9 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 59(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F202
Sch. 4 rule 10 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 59(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F203
Words in Sch. 4 rule 12(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 59(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F204
Ss. 3C-3E inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), ss. 1(2), 4(3) (with s. 3(1), Sch. 5 paras. 7, 8)
F205
S. 16 cross-heading inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 27 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F206
S. 18 cross-heading inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 29 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F207
S. 42A inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 42 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F208
Words in s. 1(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(2)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F209
Words in s. 1(1) inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), ss. 1(1), 4(3) (with s. 3(1))
F210
Words in s. 1(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(2)(a)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F211
Words in s. 1(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(2)(a)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F212
Words in s. 1(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(2)(b)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F213
Words in s. 1(1) inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(2)(b)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F214
Words in s. 1(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(2)(a)(iii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F215
Words in s. 1(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(4)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F216
Words in s. 1(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(4)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F217
Words in s. 1(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(4)(c)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F218
Words in s. 1(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(4)(c)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F219
S. 1(2) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F220
S. 1(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 6(5) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F221
Words in s. 1(3) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(2)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F222
S. 10 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 19 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F223
S. 11 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 20 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F224
S. 11A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 21 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F225
Words in s. 12 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 22 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F226
S. 13 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 23 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F227
S. 14 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 24 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F228
Words in s. 15(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 25(2)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F229
Words in s. 15(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 25(2)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F230
Words in s. 15(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 25(2)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F231
Words in s. 15(2) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 25(3)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F232
Words in s. 15(2) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 25(3)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F233
Words in s. 16(1)(a) substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 28(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F234
S. 16(1A) inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 28(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F235
Words in s. 16(3)(b) substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 28(4) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F236
S. 16(3A) inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 28(5) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F237
Words in s. 16(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 28(6)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F238
Words in s. 16(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 28(6)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F239
Words in s. 16(4) substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 28(6)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F240
Words in s. 16(4) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(3) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F241
S. 2 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 7 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F242
S. 3 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 8 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F243
S. 4 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 10 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F244
S. 4A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 11 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F245
S. 5 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 12 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F246
S. 5A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 13 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F247
S. 6 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 14 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F248
S. 6A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 15 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F249
Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F250
Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F251
Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F252
Words in s. 7(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(2)(d) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F253
Words in s. 7(5) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(5)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F254
Words in s. 7(5) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(5)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F255
S. 7(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(4) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F256
S. 7(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F257
Words in s. 7(5) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 16(5)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F258
S. 8 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 17 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F259
Words in s. 9(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 18(3)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F260
Words in s. 18(7) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F261
Words in s. 18(7) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 30 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F262
S. 20(6) inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 31(4) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F263
S. 20(3)(b) and word omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(5) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F264
Words in s. 20(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 31(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F265
Words in s. 20(5)(b) substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 31(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F266
S. 24(1)(c) and word omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 32(2)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F267
S. 24(2)(c) and word omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 32(3)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F268
S. 24(1)(d) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(6)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F269
S. 24(2)(d) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(6)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F270
S. 24(1)(b) and words omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 32(2)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F271
S. 24(2)(b) and words omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 32(3)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F272
Words in s. 25(1)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(7)(a)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F273
Words in s. 25(1)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(2)(a)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F274
Words in s. 25(1)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(2)(a)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F275
Words in s. 25(1)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(2)(b)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F276
Words in s. 25(1)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(2)(b)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F277
Words in s. 25(1)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(2)(b)(iii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F278
Words in s. 25(1)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(2)(b)(iv) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F279
Words in s. 25(3)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(3)(a)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F280
Words in s. 25(3)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(3)(a)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F281
Words in s. 25(3)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(3)(b)(i) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F282
Words in s. 25(3)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 33(3)(b)(ii) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F283
Words in s. 25(1)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(7)(a)(ii)(aa) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F284
Words in s. 25(1)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(7)(a)(ii)(bb) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F285
Words in s. 25(3)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(7)(b)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F286
Words in s. 25(3)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(7)(b)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F287
Words in s. 27(2)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(8)(a)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F288
Words in s. 27(2)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(8)(a)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F289
Words in s. 27(3)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(8)(b)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F290
Words in s. 27(3)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(8)(b)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F291
Words in s. 27(3)(d) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(8)(b)(iii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F292
Words in s. 27(2)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 34(2)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F293
Words in s. 27(2)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 34(2)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F294
Words in s. 27(3)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 34(3)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F295
Words in s. 27(3)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 34(3)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F296
Words in s. 27(3)(d) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 34(3)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F297
Words in s. 28(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 35 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F298
S. 28(2) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(9) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F299
Words in s. 30(2) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 36 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F300
Words in s. 32(4)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(10) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F301
Words in s. 32(4)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 37 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F302
Words in s. 33(2) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(11) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F303
Words in s. 33(2) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 38 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F304
Words in s. 41(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(2)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F305
Words in s. 41(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(2)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F306
Words in s. 41(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(2)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F307
S. 41(7) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F308
S. 41A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 40 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F309
S. 42(4A) inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 41(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F310
S. 42(6A) inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 41(5) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F311
S. 42(2)(a) and word omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 41(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F312
Words in s. 42(6) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 41(4) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F313
S. 42(7) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 41(6) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F314
S. 43(1)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 43(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F315
S. 43(6) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 43(4) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F316
S. 43(7) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 43(5) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F317
S. 43A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 44 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F318
S. 44 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 45 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F319
S. 44A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 46 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F320
Words in s. 45(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 47 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F321
S. 46(2)(a) and word omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 48(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F322
Words in s. 46(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 48(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F323
S. 47 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 49 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F324
Words in s. 48(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F325
Words in s. 48(3) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(c)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F326
Words in s. 48(3)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(c)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F327
Words in s. 48(3)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(c)(iii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F328
Words in s. 48(3)(g) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(c)(v) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F329
Words in s. 48(1) inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 1 (with s. 3(1))
F330
Words in s. 48(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 50(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F331
Words in s. 48(3) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 50(4)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F332
Words in s. 48(3)(a) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 50(4)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F333
Words in s. 48(3)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 50(4)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F334
Words in s. 48(3)(e) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 50(4)(d) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F335
Words in s. 48(3)(g) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 50(4)(e) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F336
S. 48(2)(aa) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 50(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F337
S. 48(2)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(b)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F338
S. 48(2)(c) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(b)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F339
Words in s. 48(3)(e) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(12)(c)(iv) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F340
Words in s. 49 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 51(1) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F341
Words in s. 50 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(13)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F342
Words in s. 50 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(13)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F343
Words in s. 50 substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(2) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F344
Words in s. 50 inserted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F345
Words in s. 50 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(4)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F346
Words in s. 50 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(4)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F347
Words in s. 50 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(4)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F348
Words in s. 50 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(4)(d) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F349
Words in s. 50 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(4)(e) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F350
Words in s. 50 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(4)(f) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F351
Words in s. 50 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 52(5) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F352
Words in Sch. 5 para. 6 substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 60 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F353
Sch. 8 para. 3(6) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 61 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F354
Words in Sch. 9 para. 14 substituted (31.12.2020) by The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 62 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F355
Words in s. 18(2)(f) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(2); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)
F356
Words in s. 18(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(a); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)
F357
Word in s. 18(2)(g) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(b); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)
F358
Words in s. 18(3) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(4); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)
F359
S. 18(4ZB) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(5); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)
F360
Words in s. 18(5)(d) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(6); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)
F361
Words in s. 15C(2)(c) inserted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 3(b)
F362
Words in s. 15C(2)(c) inserted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 3(a)
F363
Words in s. 16(1)(a) substituted in earlier amending provision S.I. 2019/479, reg. 28(2) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(c)(i)
F364
Words in s. 16(3A) substituted in earlier amending provision S.I. 2019/479, reg. 28(5) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(c)(ii)
F365
Words in s. 1(1) substituted in earlier amending provision S.I. 2019/479, reg. 6(2)(b)(ii) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(a)
F366
Words in s. 15A(2) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(i)
F367
Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)
F368
Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)
F369
Sch. 8 para. 2(e) inserted by S.I. 2019/519, Sch. para. 12(14) (as inserted (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(d))
F370
Sch. 3FA inserted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), reg. 1(2), Sch. 1
F371
Sch. 3GA inserted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), reg. 1(2), Sch. 2
F372
Words in s. 3D(2) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(2)(a)
F373
S. 3D(3) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(2)(b)
F374
S. 3E(2) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(3)(a)
F375
S. 3E(3) substituted (26.1.2022) by The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022 (S.I. 2022/77), regs. 1(2), 2(3)(b)
F376
Words in s. 18(6)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 47; S.I. 2022/283, reg. 2
C49
S. 41 applied by (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 6(4), 14
C50
S. 42 applied by (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 6(4), 14
C51
Ss. 41, 42 applied (8.8.2022) by Defamation and Malicious Publication (Scotland) Act 2021 (asp 10), ss. 19(5), 39(2) (with s. 19(6)); S.S.I. 2022/154, regs. 1(2), 2
C52
S. 18(7) modified (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(4)
C53
S. 48(1) applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(5)
C54
S. 7 applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)
F377
Words in s. 9 heading inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 11(2)
F378
S. 3F inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 5(1)
F379
S. 4C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 7
F380
S. 6C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 9
F381
S. 11C inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 12
F382
Sch. 3H inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), Sch.
F383
Words in s. 1(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(2)(a)
F384
Words in s. 1(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(2)(b)
F385
Words in s. 1(3) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(3)(a)
F386
Words in s. 1(3) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 4(3)(b)
F387
S. 4B(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(2) (with reg. 20)
F388
S. 4B(3) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(3) (with reg. 20)
F389
Words in s. 4B(5) omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(a) (with reg. 20)
F390
Words in s. 4B(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(4)(b) (with reg. 20)
F391
Words in s. 4B(6) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 6(5) (with reg. 20)
F392
S. 6B substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 8 (with reg. 20)
F393
Words in s. 7(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10
F394
Words in s. 7(5) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 10
F395
Words in s. 9(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 11(3)
F396
Words in s. 12 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 13
F397
Words in s. 15(1) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 14(2)
F398
Words in s. 15(2) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 14(3)
F399
Words in s. 18(7) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 15 (with reg. 20)
F400
Words in s. 32(4)(a) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 16
F401
Words in s. 48(1) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 17
F402
Words in s. 50 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 18
C55
S. 4C applied (with modifications) (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)-(3)
C56
S. 6C applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)
C57
S. 11C applied (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 19(1)(2)
F403
Words in s. 18(2)(g) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(2); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
F404
S. 18(4ZB)(ba)(bb) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(3)(a); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
F405
S. 18(4ZB)(da)(db) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(3)(b); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
F406
Word in s. 18(5)(d)(i) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(4)(a); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
F407
Words in s. 18(5)(d)(i) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 16(4)(b); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
C58
S. 41 applied (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 173(5), 339(1) (with s. 179 Sch. 19); S.I. 2025/272, reg. 2(1)(2)

Civil Jurisdiction and Judgments Act 1982

Part I Implementation of the Conventions¶

Main implementing provisions¶

1 Interpretation of references to the Conventions and Contracting States.¶

F2412 The Brussels Conventions to have the force of law.¶

F2423 Interpretation of the Brussels Conventions.¶

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

3B Interpretation of the Lugano Convention.¶

3C The 1996 Hague Convention to have the force of law¶

3D The 2005 Hague Convention to have the force of law¶

3E The 2007 Hague Convention to have the force of law¶

3F The 2019 Hague Convention to have the force of law¶

Supplementary provisions as to recognition and enforcement of judgments¶

F2434 Enforcement of judgments other than maintenance orders.¶

F2444A Enforcement of judgments, other than maintenance orders, under the Lugano Convention¶

C334B Registration and enforcement of judgments under the 2005 Hague Convention¶

C554C Registration and enforcement of judgments under the 2019 Hague Convention¶

F2455 Recognition and enforcement of maintenance orders.¶

F2465A Recognition and enforcement of maintenance orders under the Lugano Convention¶

F2476 Appeals under Article 37, second paragraph and Article 41.¶

F2486A Appeals under Article 44 and Annex IV of the Lugano Convention¶

6B Applications to set aside decisions on registration of judgments under the 2005 Hague Convention¶

C566C Applications to set aside decisions on registration of judgments under the 2019 Hague Convention¶

C2C3C30C547 Interest on registered judgments.¶

F2588 Currency of payment under registered maintenance orders.¶

Other supplementary provisions¶

9 Provisions supplementary to Article 26 of the 2005 Hague Convention and Article 23 of the 2019 Hague Convention.¶

F22210 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.¶

F22311 Proof and admissibility of certain judgments and related documents.¶

F22411A Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention¶

C3411B Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention¶

C5711C Proof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague Convention¶

C412 Provision for issue of copies of, and certificates in connection with, U.K. judgments.¶

F22613 Modifications to cover authentic instruments and court settlements.¶

F22714 Modifications consequential on revision of the Conventions.¶

15 Interpretation of Part I and consequential amendments.¶

Part II Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom¶

Jurisdiction in consumer and employment matters¶

15A Scope of sections 15B to 15E¶

15B Jurisdiction in relation to consumer contracts¶

15C Jurisdiction in relation to individual contracts of employment¶

15D Further provision as to jurisdiction¶

15E Interpretation¶

Jurisdiction in other civil proceedings¶

16 Allocation within U.K. of jurisdiction in certain civil proceedings.¶

17 Exclusion of certain proceedings from Schedule 4.¶

Recognition of judgments¶

C7C45C22C23C24C3118 Enforcement of U.K. judgments in other parts of U.K.¶

19 Recognition of U.K. judgments in other parts of U.K.¶

Part III Jurisdiction in Scotland¶

20 Rules as to jurisdiction in Scotland.¶

21 Continuance of certain existing jurisdictions.¶

22 Supplementary provisions.¶

23 Savings and consequential amendments.¶

Part IV Miscellaneous Provisions¶

Provisions relating to jurisdiction¶

24 Interim relief and protective measures in cases of doubtful jurisdiction.¶

25 Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings.¶

26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.¶

27 Provisional and protective measures in Scotland in the absence of substantive proceedings.¶

28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.¶

29 Service of county court process outside Northern Ireland.¶

30 Proceedings in England and Wales or Northern Ireland for torts to immovable property.¶

Provisions relating to recognition and enforcement of judgments¶

31 Overseas judgments given against states, etc.¶

32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes.¶

33 Certain steps not to amount to submission to jurisdiction of overseas court.¶

34 Certain judgments a bar to further proceedings on the same cause of action.¶

35 Minor amendments relating to overseas judgments.¶

36 Registration of maintenance orders in Northern Ireland.¶

37 Minor amendments relating to maintenance orders.¶

X638 Overseas judgments counteracting an award of multiple damages.¶

Jurisdiction, and recognition and enforcement of judgments, as between United Kingdom and certain territories¶

39 Application of provisions corresponding to 1968 Convention in relation to certain territories.¶

Legal aid¶

40 Power to modify enactments relating to legal aid etc.¶

Part V Supplementary and General Provisions¶

Domicile¶

C11C26C49C51C5841 Domicile of individuals.¶

F30841A ¶

^F2412 The Brussels Conventions to have the force of law.¶

^F2423 Interpretation of the Brussels Conventions.¶

^F2434 Enforcement of judgments other than maintenance orders.¶

^F2444A Enforcement of judgments, other than maintenance orders, under the Lugano Convention¶

^C334B Registration and enforcement of judgments under the 2005 Hague Convention¶

^C554C Registration and enforcement of judgments under the 2019 Hague Convention¶

^F2455 Recognition and enforcement of maintenance orders.¶

^F2465A Recognition and enforcement of maintenance orders under the Lugano Convention¶

^F2476 Appeals under Article 37, second paragraph and Article 41.¶

^F2486A Appeals under Article 44 and Annex IV of the Lugano Convention¶

^C566C Applications to set aside decisions on registration of judgments under the 2019 Hague Convention¶

^C2^C3^C30^C547 Interest on registered judgments.¶

^F2588 Currency of payment under registered maintenance orders.¶

^F22210 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.¶

^F22311 Proof and admissibility of certain judgments and related documents.¶

^F22411A Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention¶

^C3411B Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention¶

^C5711C Proof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague Convention¶

^C412 Provision for issue of copies of, and certificates in connection with, U.K. judgments.¶

^F22613 Modifications to cover authentic instruments and court settlements.¶

^F22714 Modifications consequential on revision of the Conventions.¶

^C7^C45^C22^C23^C24^C3118 Enforcement of U.K. judgments in other parts of U.K.¶

^X638 Overseas judgments counteracting an award of multiple damages.¶

^C11^C26^C49^C51^C5841 Domicile of individuals.¶

^F30841A ¶

^C12^C27^C50^C5142 Domicile and seat of corporation or association.¶

^F31743A Seat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano Convention¶

^F31844 Persons deemed to be domiciled in the United Kingdom for certain purposes.¶

^F31944A Persons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano Convention¶

^C2845 Domicile of trusts.¶

^C2946 Domicile and seat of the Crown.¶

^F32347 Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.¶

^C13^C14^C15^C21^C3248 Matters for which rules of court may provide.¶

^X754 Repeals.¶

^F189SCHEDULE 1 ¶

^F189CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS^F189PREAMBLE^F189THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,¶

^F189TITLE 1 SCOPE¶

^F189Article 1¶

^F189TITLE II JURISDICTION¶

^F189SECTION 1 GENERAL PROVISIONS¶

^F189Article 2¶

^F189Article 3¶

^F189Article 4¶

^F189SECTION 2 SPECIAL JURISDICTION¶

^F189Article 5¶

^F189Article 6¶

^F189Article 6a¶

^F189SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE¶

^F189Article 7¶

^F189Article 8¶

^F189Article 9¶

^F189Article 10¶

^F189Article 11¶

^F189Article 12¶

^F189Article 12a¶

^F189SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS¶

^F189Article 13¶

^F189Article 14¶

^F189Article 15¶

^F189SECTION 5 EXCLUSIVE JURISDICTION¶

^F189Article 16¶

^F189SECTION 6 PROROGATION OF JURISDICTION¶

^F189Article 17¶

^F189Article 18¶

^F189SECTION 7 EXAMINATION AS TO JURISDICTION AND ADMISSABILITY¶

^F189Article 19¶

^F189Article 20¶

^F189SECTION 8 LIS PENDENS—RELATED ACTIONS¶

^F189Article 21¶

^F189Article 22¶

^F189Article 23¶

^F189SECTION 9 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES¶

^F189Article 24¶

^F189TITLE III RECOGNITION AND ENFORCEMENT¶

^F189Article 25¶

^F189SECTION 1 RECOGNITION¶

^F189Article 26¶

^F189Article 27¶

^F189Article 28¶

^F189Article 29¶