The Civil Jurisdiction and Judgments (Amendment) Regulations 2014

JurisdictionUK Non-devolved
CitationSI 2014/2947
(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Amendment) Regulations 2014 and shall come into force on 10th January 2015.(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.(3) An amendment, repeal or revocation made by these Regulations has the same extent as the enactment amended, repealed or revoked.
  • Schedule 1 (which makes amendments to the Civil Jurisdiction and Judgments Act 1982
  • Schedule 2 (which makes amendments to the Civil Jurisdiction and Judgments Order 2001
  • Schedule 3 (which makes amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001
  • Schedule 4 (which makes consequential amendments to other enactments) has effect.
  • the amendments made by these Regulations do not apply; andthe enactments amended by these Regulations continue to have effect as if those amendments had not been made.“the Judgments 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) as amended from time to time and 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; and“the previous Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as amended from time to time and as applied by 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.(1) The Civil Jurisdiction and Judgments Act 1982 is amended as follows.(2) In section 1 (interpretation of references to the Convention and Contracting States) , in subsection (1) for the definition of “the Regulation” substitute the following definition—
      • “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) as amended from time to time and 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) ;
    .
    (3) In section 16 (allocation within UK of jurisdiction within certain civil proceedings) , in subsection (1) (b) , for Article 22” substitute “Article 24”.in subsection (2) (a) , omit “, the Regulation”; andafter subsection (2) (a) insert—
    • (aa) which is enforceable in the United Kingdom under the Regulation,
    .
    which is enforceable in the United Kingdom under the Regulation,(1) The Civil Jurisdiction and Judgments Order 2001 is amended as follows.(2) In Article 2 (interpretation) , in paragraph (1) , for the definition of “the Regulation” substitute—
      • “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) as amended from time to time and 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;
    .
    Schedule 1 (the Regulation) is amended as follows.in sub-paragraph (1) , in the definition of “judgment”, for “Article 32” substitute “Article 2”; andomit sub-paragraph (3) .for “registered” substitute “enforced”; andfor “registration” substitute “enforcement”;for sub-paragraph (2) substitute—
    • (2) A judgment to be enforced under the Regulation shall for the purposes of its enforcement be of the same force and effect, the enforcing 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 enforcing court.
    • (2A) Where a judgment to be enforced under the Regulation would, if it had been given by a court in Northern Ireland, be enforced by the Enforcement of Judgments Office pursuant to the Judgments Enforcement (Northern Ireland) Order 1981, that judgment shall for the purposes of its enforcement be of the same force and effect, the Enforcement of Judgments Office 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 a court in Northern Ireland.
    A judgment to be enforced under the Regulation shall for the purposes of its enforcement be of the same force and effect, the enforcing 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 enforcing court.Where a judgment to be enforced under the Regulation would, if it had been given by a court in Northern Ireland, be enforced by the Enforcement of Judgments Office pursuant to the Judgments Enforcement (Northern Ireland) Order 1981in sub-paragraph (3) , for “Article 47 (restriction on enforcement where appeal pending or time for appeal unexpired) ” substitute “Articles 41(2) and 46”.After paragraph 2, insert—
      (2A) Adaptation orders: Northern Ireland
    • (1) This article applies in relation to proceedings in Northern Ireland in relation to the adaptation of a measure or order pursuant to article 54 of the Regulation.
    • (2) In this article, an “adaptation order” means an order for the adaptation of a legal...
    This article applies in relation to proceedings in Northern Ireland in relation to the adaptation of a measure or order pursuant to article 54 of the Regulation.In this article, an “adaptation order” means an order for the adaptation of a legal

    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