The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.(2) Subject to paragraph (3) , these Regulations extend to England and Wales, Scotland and Northern Ireland.(3) Any amendment made by these Regulations has the same extent as the provision it amends.
  • In the Administration of Justice Act 1970
  • omit paragraph 13 (orders under Part 1 of the Civil Jurisdiction and Justice Act 1982) ;
  • omit paragraph 14 (orders under Council Regulation
  • The Civil Jurisdiction and Judgments Act 1982
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (1) Section 1 (interpretation of references to the Brussels and other Conventions and Contracting States) is amended as follows.“the 1996 Accession Convention”;“the Brussels Conventions”;“the Lugano Convention”;omit “as amended from time to time and”; andafter “p4) ”, insert “as that Regulation had effect and was applied immediately before F29IP completion day.(3) Omit subsection (2) .in the definition of “Contracting State”, omit paragraphs (a) and (b) ;omit the definition of “Brussels Contracting State”;“State bound by the Lugano Convention”;“Regulation State”.(5) Omit subsection (4) .
  • Omit section 2 (the Brussels Conventions to have the force of law) .
  • Omit section 3 (interpretation of the Brussels Conventions) .
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • Omit section 4 (enforcement of judgments, other than maintenance orders, under the 1968 Convention) .
  • Omit section 4A (enforcement of judgments, other than maintenance orders, under the Lugano Convention) .
  • Omit section 5 (recognition and enforcement of maintenance orders: applications under Article 31 of the 1968 Convention) .
  • Omit section 5A (recognition and enforcement of maintenance orders under the Lugano Convention) .
  • Omit section 6 (appeals under Articles 37(2) and 41 of the 1968 Convention) .
  • Omit section 6A (appeals under Article 44 and Annex IV of the Lugano Convention) .
  • (1) Section 7 (interest on registered judgments) is amended as follows.omit “Subject to subsection (4) ,”;omit “4, 4A,”;omit “, 5 or 5A”;omit “apart from section 4(2) ,”.(3) Omit subsection (3) .(4) Omit subsection (4) .omit “Except as mentioned in subsection (4) ,”;omit “4, 4A,”;omit “, 5 or 5A”.
  • Omit section 8 (currency of payment under registered maintenance orders) .
  • (1) Section 9 (provisions supplementary to Title VII of the 1968 Convention) is amended as follows.(2) In the heading, for “Provisions supplementary to Title VIII of 1968 Convention” substitute “ Provisions supplementary to Article 26 of the 2005 Hague Convention ”.omit the words from the beginning to “Lugano Convention and”;for “the Convention in question” substitute “ the 2005 Hague Convention ”.
  • Omit section 10 (allocation within UK of jurisdiction with respect to trusts and consumer contracts where section 16 does not apply) .
  • Omit section 11 (proof and admissibility of certain judgments and related documents) .
  • Omit section 11A (proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention) .
  • In section 12 (provision for issue of copies of, and certificates in connection with, UK judgments) , omit “the 1968 Convention, the Lugano Convention or”.
  • Omit section 13 (modifications to cover authentic instruments and court settlements) .
  • Omit section 14 (modifications consequential on revision of the Brussels Conventions) .
  • (1) Section 15 (interpretation of Part 1 and consequential amendments) is amended as follows.in the definition of “judgment”, omit the words from “Article 25” to “Lugano Convention or”;omit the definition of “maintenance order”;omit the definition of “payer”.omit “4, 4A,”;omit “, 5 or 5A”.(4) In subsection (3) , omit the words from “the 1968” to “Lugano Convention or”.
  • Before section 16, insert—
      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.
  • in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom;in matters relating to individual contracts of employment.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 F31IP completion day in relation to the proceedings) .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.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.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, orin the courts for the place where the consumer is domiciled (regardless of the domicile of the

    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