The Civil Jurisdiction and Judgments Regulations 2009 (Version in vigour from 2020-12-31 to )
Currency | No known outstanding effects |
Coming into Force | 31 December 2020 |
(1) These Regulations may be cited as the Civil Jurisdiction and Judgments Regulations 2009, and come into force on 1st January 2010.(2) Regulations 2 to 25 and 46 to 48 extend to England and Wales, Scotland and Northern Ireland.(3) Regulation 26 extends to England and Wales and Northern Ireland only.(4) Regulations 28 to 44 extend to England and Wales only.(5) Regulations 27 and 45 extend to Scotland only.The Civil Jurisdiction and Judgments Act 1982
(1) Section 1 is amended as follows.(2) In subsection (1) substitute for the definition of “the Lugano Convention”—Sections 3A and 3B are repealed. (1) In section 4(1) omit “or of the Lugano Convention”.(2) After section 4 insert—
- “the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30th October 2007.
- (1) Where a judgment, other than a maintenance order, is registered under the Lugano Convention, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.
- (2) A judgment other than a maintenance order registered under the Lugano 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.
- (3) Subsection (2) is subject to Article 47(3) of the Lugano Convention (restriction on enforcement where appeal pending or time for appeal unexpired) , 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 Lugano Convention may be enforced.
- (1) The Secretary of State’s function (under Article 39 and Annex II of the Lugano Convention) of transmitting to the appropriate court an application for the recognition or enforcement in the United Kingdom of a maintenance order (made under Article 38 of the Lugano Convention) shall be discharged—
- (a) as respects England and Wales and Northern Ireland, by the Lord Chancellor; and
- (b) as respects Scotland, by the Scottish Ministers.
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