Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989

JurisdictionUK Non-devolved
CitationSI 1989/1346

1989 No. 1346

JUDGMENTS

The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989

Made 2nd August 1989

Coming into force 1st October 1989

At the Court at Buckingham Palace, the 2nd day of August 1989

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters1was signed on 27th September 1968:

And whereas a Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities2was signed on 3rd June 1971:

And whereas a Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention3, signed by Her Majesty’s Government on 9th October 1978, was ratified on 7th October 1986 by Her Majesty and entered into force for the United Kingdom on 1st January 1987:

And whereas the Civil Jurisdiction and Judgments Act 19824gave the force of law to these Conventions and to the Protocol in the United Kingdom:

And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom has agreed to a revision of these Conventions or the Protocol, including in particular any revision connected with the accession to the 1968 Convention of one or more further states, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:

And whereas a Convention on the Accession of the Hellenic Republic to the 1968 Convention5was signed on 25th October 1982:

And whereas each House of Parliament has by a resolution approved a draft of this Order:

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 14 of the Civil Jurisdiction and Judgments Act 1982 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order shall come into force on 1st October 1989 and may be...

1. This Order shall come into force on 1st October 1989 and may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1989.

S-2 In this Order “ the Act ” means the Civil Jurisdiction and...

2. In this Order “the Act” means the Civil Jurisdiction and Judgments Act 1982.

S-3 The following shall be inserted before the final item in...

3. The following shall be inserted before the final item in section 1(1) of the Act–

““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;”

S-4 The following shall be substituted for the final item in...

4. The following shall be substituted for the final item in section 1(1) of the Act–

““the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention and the 1982 Accession Convention.”

S-5 The following shall be substituted for section 1(2)(a) of the...

5. The following shall be substituted for section 1(2)(a) of the Act–

“(a)

“(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention; and”

S-6 The following shall be substituted for section 1(3) of the Act...

6. The following shall be substituted for section 1(3) of the Act–

S-3

“3 In this Act “Contracting State” means–

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, as the case might be.”

S-7 The following shall be substituted for section 2(2) of the Act...

7. The following shall be substituted for section 2(2) of the Act–

S-2

“2 For convenience of reference there are set out in Schedules 1, 2, 3 and 3A respectively the English texts of–

(a) the 1968 Convention as amended by Titles II and III of the Accession Convention and by Titles II and III of the 1982 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention and by Title IV of the 1982 Accession Convention;

(c) Titles V and VI of the Accession Convention (transitional and final provisions); and

(d) Titles V and VI of the 1982 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention and in Article 17 of the 1982 Accession Convention.”

S-8 The following shall be inserted after paragraph (b) of section...

8. The following shall be inserted after paragraph (b) of section 3(3) of the Act–

“; and

(c)

(c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention6,”

S-9 The text set out in Schedule 1 to this Order shall be...

9.—(1) The text set out in Schedule 1 to this Order shall be substituted for the text set out in Schedule 1 to the Act.

(2) The text set out in Schedule 2 to this Order shall be substituted for the text set out in Schedule 2 to the Act.

(3) The text set out in Schedule 3 to this Order shall be inserted after Schedule 3 to the Act.

G. I. de Deney

Clerk of the Privy Council

SCHEDULES

SCHEDULE 1

TEXT OF 1968 CONVENTION, AS AMENDED

on jurisdiction and the enforcement of judgments in civil and commercial mattersPREAMBLE

CONVENTION

on jurisdiction and the enforcement of judgments in civil and commercial mattersPREAMBLE

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

Anxious to strengthen in the Community 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;

Have decided to conclude this Convention and to this end have designated as their Plenipotentiaries:

(Designations of Plenipotentiaries of the original six Contracting States)

WHO, meeting within the Council, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

2 SCOPE

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:

SCH-1.1

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

SCH-1.2

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

SCH-1.3

3. social security;

SCH-1.4

4. arbitration,

3 JURISDICTION

TITLE II

JURISDICTION

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 248(2) of the law on civil procedure (Lov om rettens pleje) and Chapter 3, Article 3 of the Greenland law on civil procedure (Lov for Grønland 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 (ΚώδιΧαζ ΠολιτιΧήζ ΔιΧονομίαζ);

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 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 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 Kingom of property belonging to the defendant; or

(c) the seizure by the plaintiff of property situated in the United Kingdom.

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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT