Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Civil Jurisdiction and Judgments Order 2001

Consolidated Text As Enacted Cited authorities 81 Cited in Related
Vincent
Year2001

2001 No. 3929

JUDGMENTS

The Civil Jurisdiction and Judgments Order 2001

Made 11th December 2001

Laid before Parliament 3rd January 2002

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 11th day of December 2001

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a Convention on jurisdiction and the enforcement of judgments in civil and commercial matters1was signed on 27th September 1968:

And whereas a Protocol on the interpretation of the Convention by the Court of Justice of the European Communities2was signed on 3rd June 1971:

And whereas a Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention3signed by Her Majesty’s Government on 9th October 1978, was ratified on 7th October 1986 by Her Majesty’s Government and entered into force for the United Kingdom on 1st January 1987:

And whereas the Civil Jurisdiction and Judgments Act 19824gave the force of law to these Conventions and to the Protocol in the United Kingdom:

And whereas a Convention on jurisdiction and the enforcement of judgments in civil and commercial matters5was opened for signature at Lugano on 16th September 1988 and signed by Her Majesty’s Government on 18th September 1989:

And whereas the Civil Jurisdiction and Judgments Act 1982, as amended by the Civil Jurisdiction and Judgments Act 19916, gave the force of law to that Convention in the United Kingdom:

And whereas a Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters7was done on 22nd December 2000:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 19728, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Civil Jurisdiction and Judgments Order 2001 and shall come into force—

(a) as to articles 1 and 2, paragraphs 1(a), 1(b)(ii) and 17 of Schedule 2 and, so far as it relates to those paragraphs, article 4, on 25th January 2002; and

(b) as to the remainder of this Order, on 1st March 2002.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

“the Act” means the Civil Jurisdiction and Judgments Act 1982;

“the Regulation” means Council Regulation (EC) No. 44/2001of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

“Regulation State” in any provision, in the application of that provision in relation to the Regulation, has the same meaning as “Member State” in the Regulation, that is all Member States except Denmark.

(2) In Schedule 2 to this Order, a section, Part, Schedule or paragraph referred to by number alone is a reference to the section, Part, Schedule or paragraph so numbered in the Act.

S-3 The Regulation

The Regulation

3. Schedule 1 to this Order (which applies certain provisions of the Act with modifications for the purposes of the Regulation) shall have effect.

S-4 Amendments to the Civil Jurisdiction and Judgments Act 1982

Amendments to the Civil Jurisdiction and Judgments Act 1982

4. Schedule 2 to this Order (which makes amendments to the Act) shall have effect.

S-5 Consequential amendments

Consequential amendments

5. Schedule 3 to this Order (which makes consequential amendments) shall have effect.

S-6 Transitional provisions

Transitional provisions

6.—(1) Where proceedings are begun before 1st March 2002 in any part of the United Kingdom on the basis of jurisdiction determined in accordance with section 16 of, and Schedule 4 to, the Act, the proceedings may be continued as if the amendments made by paragraphs 3 and 4 of Schedule 2 to this Order had not been made and those amendments shall not apply in respect of any proceedings begun before that date.

(2) Where proceedings are begun before 1st March 2002 in any court in Scotland on the basis of jurisdiction determined in accordance with section 20 of, and Schedule 8 to, the Act, the proceedings may be continued as if the amendments made by paragraphs 6 and 7 of Schedule 2 to this Order had not been made and those amendments shall not apply in respect of any proceedings begun before that date.

A.K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 3

THE REGULATION

SCH-1.1

1. Interpretation

(1) In this Schedule—

“court”, without more, includes a tribunal;

“judgment” has the meaning given by Article 32 of the Regulation;

“magistrates' court”, in relation to Northern Ireland, means a court of summary jurisdiction;

“maintenance order” means a maintenance judgment within the meaning of the Regulation;

“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

“payer”, in relation to a maintenance order, means the person liable to make the payments for which the order provides;

“prescribed” means prescribed by rules of court.

(2) In this Schedule, any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the Regulation, and any reference to a sub-division of a numbered Article shall be construed accordingly.

(3) References in paragraphs 2 to 8 to a judgment registered under the Regulation include, to the extent of its registration, references to a judgment so registered to a limited extent only.

(4) Anything authorised or required by the Regulation or paragraphs 2 to 8 to be done by, to or before a particular magistrates' court may be done by, to or before any magistrates' court acting for the same petty sessions area (or, in Northern Ireland, petty sessions district) as that court.

SCH-1.2

2. Enforcement of judgments other than maintenance orders (section 4)

(1) Where a judgment is registered under the Regulation, 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 registered under the Regulation 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) Sub-paragraph (2) is subject to Article 47 (restriction on enforcement where appeal pending or time for appeal unexpired), to paragraph 5 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 Regulation may be enforced.

SCH-1.3

3. Recognition and enforcement of maintenance orders (section 5)

(1) The Secretary of State’s function (under Article 39 and Annex II) of transmitting an application for the recognition or enforcement in the United Kingdom of a maintenance order (made under Article 38) to a magistrates' court shall be discharged—

(a)

(a) as respects England and Wales and Northern Ireland, by the Lord Chancellor;

(b)

(b) as respects Scotland, by the Scottish Ministers.

(2) Such an application shall be determined in the first instance by the prescribed officer of the court having jurisdiction in the matter.

(3) A maintenance order registered under the Regulation 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 order had been originally made by the registering court.

(4) Sub-paragraph (3) is subject to Article 47 (restriction on enforcement where appeal pending or time for appeal unexpired), to paragraph 5 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under the Regulation may be enforced.

(5) A maintenance order which by virtue of the Regulation is enforceable by a magistrates' court in England and Wales shall, subject to the modifications of sections 76 and 93 of the Magistrates' Courts Act 19809specified in sections 5(5B) and 5(5C) of the Act10, be enforceable in the same manner as a magistrates' court maintenance order made by that court.

In this sub-paragraph “magistrates' court maintenance order” has the same meaning as in section 150(1) of the Magistrates' Courts Act 198011.

(6) A maintenance order which by virtue of the Regulation is enforceable by a magistrates' court in Northern Ireland shall, subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 198112specified in section 5(6A) of the Act13, be enforceable as an order made by that court to which that Article applies.

(7) The payer under a maintenance order registered under the Regulation in a magistrates' court in England and Wales or Northern Ireland shall give notice of any changes of address to the proper officer of that court.

A person who without reasonable excuse fails to comply with this sub-paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(8) In sub-paragraph (7) “proper officer” means—

(a)

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)

(b) in relation to a magistrates' court in Northern Ireland, the clerk of the court.

SCH-1.4

4. Appeals under Article 44 and Annex IV (section 6)

(1) The single further appeal on a point of law referred to under Article 44 and Annex IV in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a)

(a) in England and Wales or Northern Ireland, to the Court of Appeal or to the House of Lords in accordance with Part II of the Administration of Justice Act 196914(appeals direct from the High Court to the House of Lords);

(b)

(b) in Scotland, to the Inner House of the Court of...

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