Civil Jurisdiction and Judgments Act 1991

Contents

1Implementation and interpretation of the Lugano Convention.#

(1)The ^noteCivil Jurisdiction and Judgments Act 1982 (in this Act referred to as “the 1982 Act”) shall have effect with the insertion of the following after section 3—“3A 1 The Lugano Convention shall have the force of law in the United Kingdom, and judicial notice shall be taken of it.2 For convenience of reference there is set out in Schedule 3C the English text of the Lugano Convention.3B 1 In determining any question as to the meaning or effect of a provision of the Lugano Convention, a court in the United Kingdom shall, in accordance with Protocol No. 2 to that Convention, take account of any principles laid down in any relevant decision delivered by a court of any other Lugano Contracting State concerning provisions of the Convention.2 Without prejudice to any practice of the courts as to the matters which may be considered apart from this section, the report on the Lugano Convention by Mr. P. Jenard and Mr. G. Möller (which is reproduced in the ^noteOfficial Journal of the Communities of 28th July 1990) may be considered in ascertaining the meaning or effect of any provision of the Convention and shall be given such weight as is appropriate in the circumstances.”

(2)In section 9 of that Act, after subsection (1) (which, as amended, will govern the relationship between other conventions and the 1968 and Lugano Conventions) there shall be inserted—“1A Any question arising as to whether it is the Lugano Convention or any of the Brussels Conventions which applies in the circumstances of a particular case falls to be determined in accordance with the provisions of Article 54B of the Lugano Convention.”

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

2Interpretation of the 1982 Act.#

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

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

(3)At the end of that subsection there shall be added—““the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16th September 1988 and signed by the United Kingdom on 18th September 1989.”

(4)In subsection (2), for paragraph (b) (citation of Articles) there shall be substituted—“b any reference in any provision to a numbered Article without more is a reference—i to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, andii to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,and any reference to a sub-division of a numbered Article shall be construed accordingly.”

(5)In subsection (3) (definition of “Contracting State”) for the words “In this Act “Contracting State” means—" there shall be substituted the words—“In this Act— “Contracting State”, without more, in any provision means—a in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; andb in the application of the provision in relation to the Lugano Convention, a Lugano Contracting State;“Brussels Contracting State” means—”

(6)At the end of that subsection there shall be added—““Lugano Contracting State” means one of the original parties to the Lugano Convention, that is to say—Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom,being a State in relation to which that Convention has taken effect in accordance with paragraph 3 or 4 of Article 61.”

3Other amendments of the 1982 Act.#

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

4Application to the Crown.#

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

5Short title, interpretation, commencement and extent.#

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

(2)In this Act—• “the 1982 Act” means the ^noteCivil Jurisdiction and Judgments Act 1982;• “the Lugano Convention” has the same meaning as it has in the 1982 Act by virtue of section 2(3) above.

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

(4)This Act extends to Northern Ireland.

Schedule 1 · Schedule to be Inserted as Schedule 3C to the 1982 Act

Schedule 2 · Other Amendments of the 1982 Act

(1)The words “Brussels Conventions” shall be substituted for the word “Conventions” wherever occurring in section 2 (the Conventions to have the force of law) and section 3 (interpretation of the Conventions).

(2)In section 4(1) (enforcement of judgments other than maintenance orders) and section 5(1) (recognition and enforcement of maintenance orders) after the words “an application under Article 31" there shall be inserted the words “ of the 1968 Convention or of the Lugano Convention ”.

(3)In section 6 (appeals under Article 37, second paragraph and Article 41)—

(a)in subsection (1), after the words “referred to" there shall be inserted the words “ in the 1968 Convention and the Lugano Convention ”; and

(b)in subsection (3), after the words “referred to" there shall be inserted the words “ in each of those Conventions ”.

(4)In section 9 (provisions supplementary to Title VII of the 1968 Convention) in subsection (1)—

(a)after the words “Title VII of the 1968 Convention" there shall be inserted the words “ and, apart from Article 54B, of Title VII of the Lugano Convention ”; and

(b)for the words “that convention" there shall be substituted the words “ the Convention in question ”.

(5)In section 10 (allocation within UK of jurisdiction in proceedings with respect to trusts and consumer contracts in respect of which the 1968 Convention confers jurisdiction on UK courts generally) in subsection (1), after the words “the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

(6)In section 11 (proof and admissibility of certain judgments and related documents for the purposes of the 1968 Convention) in subsection (1), after the words “For the purposes of the 1968 Convention" there shall be inserted the words “ and the Lugano Convention ”.

(7)In section 12 (provision for issue of copies of, and certificates in connection with, UK judgments for purposes of the 1968 Convention) after the words “the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

(8)In section 13 (modifications to cover authentic instruments and court settlements) in subsection (1)—

(a)after the words “the 1968 Convention" in paragraph (a) there shall be inserted the words “ or the Lugano Convention ”;

(b)after the words “Title IV of the 1968 Convention" there shall be inserted the words “ or, as the case may be, Title IV of the Lugano Convention ”; and

(c)for the words “that Convention" there shall be substituted the words “ the Convention in question ”.

(9)In section 14 (modifications consequential on revision of the Conventions)—

(a)for the words “any of the Conventions", wherever occurring in subsections (1) and (3), there shall be substituted the words “ the Lugano Convention or any of the Brussels Conventions ”; and

(b)in subsection (1), after the words “any revision connected with the accession to" there shall be inserted the words “ the Lugano Convention or ”.

(10)In section 15 (interpretation of Part I)—

(a)in subsection (1), in the definition of “maintenance order”, after the words “maintenance judgment within the meaning of the 1968 Convention" there shall be inserted the words “ or, as the case may be, the Lugano Convention ”; and

(b)in subsection (3), after the words “authorised or required by the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

(11)In section 16 (allocation within UK of jurisdiction in certain civil proceedings)—

(a)in paragraph (a) of subsection (1), for the words “the Convention" there shall be substituted the words “ that or any other Convention ”;

(b)in paragraph (b) of that subsection, after the words “Article 16" there shall be inserted the words “ of the 1968 Convention ”; and

(c)in subsection (4), after the words “subject to the 1968 Convention" there shall be inserted the words “ and the Lugano Convention ”.

(12)The words “ Brussels or Lugano Contracting State ” shall be substituted for the words “Contracting State" wherever occurring in each of the following provisions, that is to say—

(a)in subsections (1)(a) and (3)(a) of section 25 (interim relief in England and Wales or Northern Ireland in the absence of substantive proceedings);

(b)in subsections (2)(a) and (3)(a) and (d) of section 27 (which makes for Scotland similar provision to that made by section 25 for England and Wales); and

(c)in section 28 (application of section 1 of the ^noteAdministration of Justice (Scotland) Act 1972);

(13)In section 30 (proceedings in England and Wales or Northern Ireland for torts to immovable property) in subsection (2), after the words “subject to the 1968 Convention" there shall be inserted the words “ and the Lugano Convention ”.

(14)In section 32 (overseas judgments given in proceedings brought in breach of agreement for settlement of disputes) in subsection (4) (saving for judgments required to be recognised or enforced in UK under the 1968 Convention etc) in paragraph (a), after the words “under the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

(15)In section 33 (certain steps not to amount to submission to the jurisdiction of an overseas court) in subsection (2) (saving for judgments required to be recognised or enforced in England and Wales or Northern Ireland under the 1968 Convention) after the words “under the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

(16)In section 41 (determination of domicile of individuals for the purposes of the 1968 Convention etc) in subsection (1), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

(17)In section 42 (domicile and seat of corporation or association) in subsection (2)(a), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ or, as the case may be, the Lugano Convention ”.

(18)In section 43 (seat of corporation or association for purposes of Article 16(2) and related provisions) in subsection (1)(a), after the words “Article 16(2)" there shall be inserted the words “ of the 1968 Convention or of the Lugano Convention ”.

(19)

(1)In section 44 (persons deemed to be domiciled in UK for certain purposes) in subsection (1)—

(a)in paragraph (a) (which provides that the section applies to proceedings within Section 3 of Title II of the 1968 Convention) after the words “the 1968 Convention" there shall be inserted the words “ or Section 3 of Title II of the Lugano Convention ”; and

(b)in paragraph (b) (proceedings within Section 2 of that Title) for the words “that Title" there shall be substituted the words “ Title II of either of those Conventions ”.

(2)In subsection (2) of that section, after the words “is deemed for the purposes of the 1968 Convention" there shall be inserted the words “ or, as the case may be, of the Lugano Convention ”.

(20)In section 45 (domicile of trusts) in subsection (1), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

(21)

(1)In section 46 (domicile and seat of the Crown) in subsection (2)(a), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “and the Lugano Convention" and for the words “(in which" there shall be substituted the words “ (in each of which ”.

(2)In subsection (4) of that section (Order in Council with respect to seat of the Crown) after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

(22)In section 47 (modifications occasioned by decisions of the European Court as to meaning or effect of the Conventions) for the word “Conventions", wherever occurring, there shall be substituted the words “ Brussels Conventions ”.

(23)In section 48 (matters for which rules of court may provide)—

(a)in subsection (1), for the words “or the Conventions" there shall be substituted the words “ the Lugano Convention or the Brussels Conventions ”; and

(b)in subsection (3), for the words “the Conventions" there shall be substituted the words “ the Lugano Convention, the Brussels Conventions ”.

(24)In section 49 (saving for powers to stay, sist, strike out or dismiss proceedings where to do so is not inconsistent with the 1968 Convention) after the words “the 1968 Convention" there shall be inserted the words “ or, as the case may be, the Lugano Convention ”.

(25)In section 50 (general interpretation) the following definitions shall be inserted at the appropriate places—“• “Brussels Contracting State” has the meaning given by section 1(3)";”““the Brussels Conventions” has the meaning given by section 1(1)";”““Lugano Contracting State” has the meaning given by section 1(3)";”““the Lugano Convention” has the meaning given by section 1(1)";”

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