UKPGA-1991-12 — Civil Jurisdiction and Judgments Act 1991

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Implementation and interpretation of the Lugano Convention.

s. 1(1)

The Civil Jurisdiction and Judgments Act 1982 (in this Act referred to as “the 1982 Act”) shall have effect with the insertion of the following after section 3—

s. 1(2)

In section 9 of that Act, after subsection (1) (which, as amended, will govern the relationship between other conventions and the 1968 and Lugano Conventions) there shall be inserted—

s. 1(3)

After Schedule 3B to that Act there shall be inserted the Schedule 3C set out in Schedule 1 to this Act.

s. 2 — Interpretation of the 1982 Act.

s. 2(1)

Section 1 of the 1982 Act (interpretation of references to the Conventions and Contracting States) shall be amended in accordance with the following provisions of this section.

s. 2(2)

In subsection (1), in the definition of “the Conventions”, for the words “the Conventions" there shall be substituted the words “ the Brussels Conventions ”.

s. 2(3)

At the end of that subsection there shall be added—

s. 2(4)

In subsection (2), for paragraph (b) (citation of Articles) there shall be substituted—

s. 2(5)

In subsection (3) (definition of “Contracting State”) for the words “In this Act “Contracting State” means—" there shall be substituted the words—.

s. 2(6)

At the end of that subsection there shall be added—

s. 3 — Other amendments of the 1982 Act.

The 1982 Act shall have effect with the amendments specified in Schedule 2 to this Act, which are either consequential on the amendments made by sections 1 and 2 above or otherwise for the purpose of implementing the Lugano Convention.

s. 4 — Application to the Crown.

The amendments of the 1982 Act made by this Act bind the Crown in accordance with the provisions of section 51 of that Act.

s. 5 — Short title, interpretation, commencement and extent.

s. 5(1)

This Act may be cited as the Civil Jurisdiction and Judgments Act 1991.

s. 5(2)

In this Act—“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982;“the Lugano Convention” has the same meaning as it has in the 1982 Act by virtue of section 2(3) above.

s. 5(3)

This Act shall come into force on such day as the Lord Chancellor and the Lord Advocate may appoint in an order made by statutory instrument.

s. 5(4)

This Act extends to Northern Ireland.

Sch 1

Schedule to be Inserted as Schedule 3C to the 1982 Act

Sch 2

Other Amendments of the 1982 Act

Sch 2 para 1

The words “Brussels Conventions” shall be substituted for the word “Conventions” wherever occurring in section 2 (the Conventions to have the force of law) and section 3 (interpretation of the Conventions).

Sch 2 para 2

In section 4(1) (enforcement of judgments other than maintenance orders) and section 5(1) (recognition and enforcement of maintenance orders) after the words “an application under Article 31" there shall be inserted the words “ of the 1968 Convention or of the Lugano Convention ”.

Sch 2 para 3

In section 6 (appeals under Article 37, second paragraph and Article 41)—

Sch 2 para 3(a)

in subsection (1), after the words “referred to" there shall be inserted the words “ in the 1968 Convention and the Lugano Convention ”; and

Sch 2 para 3(b)

in subsection (3), after the words “referred to" there shall be inserted the words “ in each of those Conventions ”.

Sch 2 para 4

In section 9 (provisions supplementary to Title VII of the 1968 Convention) in subsection (1)—

Sch 2 para 4(a)

after the words “Title VII of the 1968 Convention" there shall be inserted the words “ and, apart from Article 54B, of Title VII of the Lugano Convention ”; and

Sch 2 para 4(b)

for the words “that convention" there shall be substituted the words “ the Convention in question ”.

Sch 2 para 5

In section 10 (allocation within UK of jurisdiction in proceedings with respect to trusts and consumer contracts in respect of which the 1968 Convention confers jurisdiction on UK courts generally) in subsection (1), after the words “the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

Sch 2 para 6

In section 11 (proof and admissibility of certain judgments and related documents for the purposes of the 1968 Convention) in subsection (1), after the words “For the purposes of the 1968 Convention" there shall be inserted the words “ and the Lugano Convention ”.

Sch 2 para 7

In section 12 (provision for issue of copies of, and certificates in connection with, UK judgments for purposes of the 1968 Convention) after the words “the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

Sch 2 para 8

In section 13 (modifications to cover authentic instruments and court settlements) in subsection (1)—

Sch 2 para 8(a)

after the words “the 1968 Convention" in paragraph (a) there shall be inserted the words “ or the Lugano Convention ”;

Sch 2 para 8(b)

after the words “Title IV of the 1968 Convention" there shall be inserted the words “ or, as the case may be, Title IV of the Lugano Convention ”; and

Sch 2 para 8(c)

for the words “that Convention" there shall be substituted the words “ the Convention in question ”.

Sch 2 para 9

In section 14 (modifications consequential on revision of the Conventions)—

Sch 2 para 9(a)

for the words “any of the Conventions", wherever occurring in subsections (1) and (3), there shall be substituted the words “ the Lugano Convention or any of the Brussels Conventions ”; and

Sch 2 para 9(b)

in subsection (1), after the words “any revision connected with the accession to" there shall be inserted the words “ the Lugano Convention or ”.

Sch 2 para 10

In section 15 (interpretation of Part I)—

Sch 2 para 10(a)

in subsection (1), in the definition of “maintenance order”, after the words “maintenance judgment within the meaning of the 1968 Convention" there shall be inserted the words “ or, as the case may be, the Lugano Convention ”; and

Sch 2 para 10(b)

in subsection (3), after the words “authorised or required by the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

Sch 2 para 11

In section 16 (allocation within UK of jurisdiction in certain civil proceedings)—

Sch 2 para 11(a)

in paragraph (a) of subsection (1), for the words “the Convention" there shall be substituted the words “ that or any other Convention ”;

Sch 2 para 11(b)

in paragraph (b) of that subsection, after the words “Article 16" there shall be inserted the words “ of the 1968 Convention ”; and

Sch 2 para 11(c)

in subsection (4), after the words “subject to the 1968 Convention" there shall be inserted the words “ and the Lugano Convention ”.

Sch 2 para 12

The words “ Brussels or Lugano Contracting State ” shall be substituted for the words “Contracting State" wherever occurring in each of the following provisions, that is to say—and, in section 25(1)(b), for the words “the Convention" there shall be substituted the words “ that or any other Convention ”.

Sch 2 para 12(a)

in subsections (1)(a) and (3)(a) of section 25 (interim relief in England and Wales or Northern Ireland in the absence of substantive proceedings);

Sch 2 para 12(b)

in subsections (2)(a) and (3)(a) and (d) of section 27 (which makes for Scotland similar provision to that made by section 25 for England and Wales); and

Sch 2 para 12(c)

in section 28 (application of section 1 of the Administration of Justice (Scotland) Act 1972);

Sch 2 para 13

In section 30 (proceedings in England and Wales or Northern Ireland for torts to immovable property) in subsection (2), after the words “subject to the 1968 Convention" there shall be inserted the words “ and the Lugano Convention ”.

Sch 2 para 14

In section 32 (overseas judgments given in proceedings brought in breach of agreement for settlement of disputes) in subsection (4) (saving for judgments required to be recognised or enforced in UK under the 1968 Convention etc) in paragraph (a), after the words “under the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

Sch 2 para 15

In section 33 (certain steps not to amount to submission to the jurisdiction of an overseas court) in subsection (2) (saving for judgments required to be recognised or enforced in England and Wales or Northern Ireland under the 1968 Convention) after the words “under the 1968 Convention" there shall be inserted the words “ or the Lugano Convention ”.

Sch 2 para 16

In section 41 (determination of domicile of individuals for the purposes of the 1968 Convention etc) in subsection (1), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

Sch 2 para 17

In section 42 (domicile and seat of corporation or association) in subsection (2)(a), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ or, as the case may be, the Lugano Convention ”.

Sch 2 para 18

In section 43 (seat of corporation or association for purposes of Article 16(2) and related provisions) in subsection (1)(a), after the words “Article 16(2)" there shall be inserted the words “ of the 1968 Convention or of the Lugano Convention ”.

Sch 2 para 19

Sch 2 para 19(1)

In section 44 (persons deemed to be domiciled in UK for certain purposes) in subsection (1)—

Sch 2 para 19(1)(a)

in paragraph (a) (which provides that the section applies to proceedings within Section 3 of Title II of the 1968 Convention) after the words “the 1968 Convention" there shall be inserted the words “ or Section 3 of Title II of the Lugano Convention ”; and

Sch 2 para 19(1)(b)

in paragraph (b) (proceedings within Section 2 of that Title) for the words “that Title" there shall be substituted the words “ Title II of either of those Conventions ”.

Sch 2 para 19(2)

In subsection (2) of that section, after the words “is deemed for the purposes of the 1968 Convention" there shall be inserted the words “ or, as the case may be, of the Lugano Convention ”.

Sch 2 para 20

In section 45 (domicile of trusts) in subsection (1), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

Sch 2 para 21

Sch 2 para 21(1)

In section 46 (domicile and seat of the Crown) in subsection (2)(a), after the words “for the purposes of the 1968 Convention" there shall be inserted the words “and the Lugano Convention" and for the words “(in which" there shall be substituted the words “ (in each of which ”.

Sch 2 para 21(2)

In subsection (4) of that section (Order in Council with respect to seat of the Crown) after the words “for the purposes of the 1968 Convention" there shall be inserted the words “ the Lugano Convention ”.

Sch 2 para 22

In section 47 (modifications occasioned by decisions of the European Court as to meaning or effect of the Conventions) for the word “Conventions", wherever occurring, there shall be substituted the words “ Brussels Conventions ”.

Sch 2 para 23

In section 48 (matters for which rules of court may provide)—

Sch 2 para 23(a)

in subsection (1), for the words “or the Conventions" there shall be substituted the words “ the Lugano Convention or the Brussels Conventions ”; and

Sch 2 para 23(b)

in subsection (3), for the words “the Conventions" there shall be substituted the words “ the Lugano Convention, the Brussels Conventions ”.

Sch 2 para 24

In section 49 (saving for powers to stay, sist, strike out or dismiss proceedings where to do so is not inconsistent with the 1968 Convention) after the words “the 1968 Convention" there shall be inserted the words “ or, as the case may be, the Lugano Convention ”.

Sch 2 para 25

In section 50 (general interpretation) the following definitions shall be inserted at the appropriate places—and the entry relating to “the Conventions” is hereby repealed.