Civil Jurisdiction and Judgments Act 1982

Publication Date:January 01, 1982
 
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Civil Jurisdiction and Judgments Act 1982

1982 CHAPTER 27

An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes.

[13th July 1982]

B e 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:—

I Implementation of the Conventions

Part I

Implementation of the Conventions

Main implementing provisions

Main implementing provisions

S-1 Interpretation of references to the Conventions and Contracting States.

1 Interpretation of references to the Conventions and Contracting States.

(1) In this Act—

‘the 1968 Convention’ means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968

‘the 1971 Protocol’ means the Protocol on the interpretation of the 1968 Convention by the European Court signed at Luxembourg on 3rd June 1971

‘the Accession Convention’ means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978

‘he Conventions’ means the 1968 Convention, the 1971 Protocol and the Accession Convention

(2) In this Act, unless the context otherwise requires—

( a ) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention; and

( b ) any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention, and any reference to a sub-division of a numbered Article shall be construed accordingly.

(3) In this Act ‘Contracting State’ means—

( a ) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands); or

( b ) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention.

S-2 The Conventions to have the force of law.

2 The Conventions to have the force of law.

(1) The Conventions shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.

(2) For convenience of reference there are set out in Schedules 1, 2 and 3 respectively the English texts of—

( a ) the 1968 Convention as amended by Titles II and III of the Accession Convention;

( b ) the 1971 Protocol as amended by Title IV of the Accession Convention; and

( c ) Titles V and VI of the Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention.

S-3 Interpretation of the Conventions.

3 Interpretation of the Conventions.

(1) Any question as to the meaning or effect of any provision of the Conventions shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.

(2) Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.

(3) Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely—

( a ) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

( b ) the report by Professor Peter Schlosser on the Accession Convention,

may be considered in ascertaining the meaning or effect of any provision of the Conventions and shall be given such weight as is appropriate in the circumstances.

Supplementary provisions as to recognition and enforcement of judgments

Supplementary provisions as to recognition and enforcement of judgments

S-4 Enforcement of judgments other than maintenance orders.

4 Enforcement of judgments other than maintenance orders.

(1) A judgment, other than a maintenance order, which is the subject of an application under Article 31 for its enforcement in any part of the United Kingdom shall, to the extent that its enforcement is authorised by the appropriate court, be registered in the prescribed manner in that court

In this subsection ‘the appropriate court’ means the court to which the application is made in pursuance of Article 32 (that is to say, the High Court or the Court of Session).

(2) Where a judgment is registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(3) A judgment registered under this section 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.

(4) Subsection (3) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under this section may be enforced.

S-5 Recognition and enforcement of maintenance orders.

5 Recognition and enforcement of maintenance orders.

(1) The function of transmitting to the appropriate court an application under Article 31 for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged—

( a ) as respects England and Wales and Scotland, by the Secretary of State

( b ) as respects Northern Ireland, by the Lord Chancellor.

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 32.

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

(3) Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.

(4) A maintenance order registered under this section 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.

(5) Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.

(6) A maintenance order which by virtue of this section is enforceable by a magistrates' court in England and Wales or Northern Ireland shall be enforceable in the same manner as an affiliation order made by that court.

(7) The payer under a maintenance order registered under this section in a magistrates' court in England and Wales or Northern Ireland shall give notice of any change of address to the clerk of that court.

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