The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1644 |
| Year | 2015 |
(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015, and come into force on 1st October 2015.(2) Subject to paragraphs (3) to (5) , these Regulations extend to England and Wales, Scotland and Northern Ireland.(3) Regulations 13 and 21 extend to England and Wales and Northern Ireland only.(4) Regulations 14, 15 and 22 extend to Scotland only.(5) Regulation 23 extends to England and Wales only.The Civil Jurisdiction and Judgments Act 1982
(1) Section 1 (interpretation of references to the Conventions and Contracting States) (2) In subsection (1) , at the appropriate place insert—After section 4A (enforcement of judgments, other than maintenance orders, under the Lugano Convention)
A judgment which is required to be recognised and enforced under the 2005 Hague Convention in any part of the United Kingdom must be registered in the prescribed manner in the appropriate court, on the application of any interested party.in England and Wales or Northern Ireland, the High Court;in Scotland, the Court of Session.A judgment which is required to be recognised and enforced under the 2005 Hague Convention must be registered without delay on completion of the formalities in Article 13 of the 2005 Hague Convention if the registering court considers that it meets the condition for recognition in Article 8(3) of the 2005 Hague Convention, without any review of whether a ground for refusal under Article 9 applies.The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.Where a judgment which is required to be recognised and enforced under the 2005 Hague Convention has been registered, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.A judgment which is required to be recognised and enforced under the 2005 Hague Convention 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.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.After section 6A (appeals under Article 44 and Annex IV of the Lugano Convention) insert— A decision on the application for registration of a judgment required to be recognised and enforced under the 2005 Hague Convention may be appealed against by either party.in England and Wales or Northern Ireland, to the High Court;in Scotland, to the Court of Session.the condition for recognition in Article 8(3) of the 2005 Hague Convention is not met;the ground for postponement or refusal of recognition in Article 8(4) of the 2005 Hague Convention applies; orone or more of the grounds specified in Article 9 of the 2005 Hague Convention apply.in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969in Scotland, to the Inner House of the Court of Session.Paragraph (a) of subsection (4) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that Court lies from a decision of the Court of Appeal) .In section 7(1) and (5) (interest on registered judgments)
In section 9 (provisions supplementary to Title After section 11A (proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention)
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
- “the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague;
- “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;
- (c) in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;
- (c) in accordance with Article 26 of the 2005 Hague Convention (which determines the relationship between the Brussels Conventions, the Lugano Convention, the Regulation and the 2005 Hague Convention) .
- (1) A decision on the application for registration of a judgment required to be recognised and enforced under the 2005 Hague Convention may be appealed against by either party.
- (2) The appeal referred to in subsection (1) lies—
- (a) in England and Wales or Northern Ireland, to the High Court;
- (b) in Scotland, to the Court of Session.
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