The Civil Jurisdiction and Judgments Regulations 2009
| Year | 2009 |
2009 No. 3131
Judgments
The Civil Jurisdiction and Judgments Regulations 2009
Made 29th November 2009
Laid before Parliament 1st December 2009
Coming into force 1st January 2010
The Secretary of State has been designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to private international law3.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972.
The Secretary of State makes these Regulations under the powers conferred by section 2(2) of the European Communities Act 1972.
Citation, commencement and extent
1.—(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.
Amendments to the Civil Jurisdiction and Judgments Act 1982
2. The Civil Jurisdiction and Judgments Act 19824is amended in accordance with regulations 3 to 25.
3.—(1) Section 1 is amended as follows.
(2) In subsection (1) substitute for the definition of “the Lugano Convention”—
““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 20075.”.
(3) Omit subsection (2)(aa).
(4) In subsection (3)—
(a)
(a) in the definition of “Contracting State”, for “Lugano Contracting State” substitute “State bound by the Lugano Convention”;
(b)
(b) for the definition of “Lugano Contracting State” substitute ““State bound by the Lugano Convention” in any provision, in the application of that provision in relation to the Lugano Convention has the same meaning as in Article 1(3) of that Convention;”.
(5) In subsection (4)(a) for “Article 54B” substitute “Article 64”.
Sections 3A and 3B are repealed.
4. Sections 3A and 3B are repealed.
5.—(1) In section 4(1) omit “or of the Lugano Convention”.
(2) After section 4 insert—
“Enforcement of judgments, other than maintenance orders, under the Lugano Convention
4A.—(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.”.
6.—(1) In section 5(1) omit “or of the Lugano Convention”.
(2) After section 5 insert—
“Recognition and enforcement of maintenance orders under the Lugano Convention
5A.—(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)
(a) as respects England and Wales and Northern Ireland, by the Lord Chancellor; and
(b)
(b) as respects Scotland, by the Scottish Ministers.
In this subsection “the appropriate court” means the magistrates’ court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 39.
(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 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 order had been made by the registering court.
(4) Subsection (3) is subject to Article 47 of the Lugano Convention (restriction on enforcement where appeal pending or time for appeal unexpired), to subsection (6) 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 Lugano Convention may be enforced.
(5) A maintenance order which by virtue of the Lugano Convention 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 1980 specified in sections 5(5B) and 5(5C) of the Act, be enforceable in the same manner as a magistrates’ court maintenance order made by that court.
In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the Magistrates’ Courts Act 1980.
(6) A maintenance order which by virtue of the Lugano Convention is enforceable by a magistrates’ court in Northern Ireland shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in section 5(6A) of this Act, be enforceable as an order made by that court to which that Article applies.
(7) The payer under a maintenance order registered under the Lugano Convention in a magistrates’ court in England and Wales or Northern Ireland shall give notice of any change of address to the proper officer of that court.
(8) A person who without reasonable excuse fails to comply with subsection (7) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(9) In subsection (7) “proper officer” means—
(a)
(a) in relation to a magistrates’ court in England and Wales, the designated officer; and
(b)
(b) in relation to a magistrates’ court in Northern Ireland, the clerk of the court.”.
7.—(1) In section 6(1) omit “and the Lugano Convention”.
(2) In section 6(3) for “each of those Conventions” substitute “the 1968 Convention”.
(3) After section 6 insert—
“Appeals under Article 44 and Annex IV of the Lugano Convention
6A.—(1) The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention 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 Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);
(b)
(b) in Scotland, to the Inner House of the Court of Session.
(2) Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that House lies from a decision of the Court of Appeal).
(3) The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a maintenance order lies—
(a)
(a) in England and Wales, to a county court in accordance with section 111A of the Magistrates’ Courts Act 1980;
(b)
(b) in Scotland, to the Inner House of the Court of Session;
(c)
(c) in Northern Ireland, to the Court of Appeal.”.
8. In section 7(1) and (5), for “4 or 5” substitute “4, 4A, 5 or 5A”.
In section 8(1) after “section 5” insert “or 5A”.
9. In section 8(1) after “section 5” insert “or 5A”.
10.—(1) In section 9(1) for “Article 54B” substitute “Article 64”.
(2) Omit section 9(2).
11. In section 10(3) after “Article 14” insert “of the 1968 Convention or Article 16(1) of the Lugano Convention”.
12.—(1) In section 11(1) omit “and the Lugano Convention”.
(2) After section 11 insert—
“Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention
11A.—(1) For the purposes of the Lugano Convention—
(a)
(a) a document, duly authenticated, which purports to be a copy of a judgment given by a court of a State bound by the Lugano Convention other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and
(b)
(b) a certificate obtained in accordance with Article 54 and Annex V shall be evidence, and in Scotland sufficient evidence, that the judgment is enforceable in the State of origin which is bound by the Lugano Convention.
(2) A document purporting to be a copy...
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