The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

• Citation: S.I. 1990/2591
• Sections: 97

Section 1

This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990. It shall come into force on the date on which the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and to the Protocol enters into force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

Section 2

In this Order “ the Act ” means the Civil Jurisdiction and Judgments Act 1982.

Section 3

The following shall be inserted before the final item in section 1(1) of the Act—

“the 1989 Accession Convention ” means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia — San Sebastián on 26th May 1989,

Section 4

The following shall be substituted for the final item in section 1(1) of the Act—

“the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention.

Section 5

The following shall be substituted for section 1(2)(a) of the Act—

(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, the 1982 Accession Convention and the 1989 Accession Convention; and

Section 6

The following shall be substituted for section 1(3) of the Act—

(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), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, as the case might be.

Section 7

The following shall be substituted for section 2(2) of the Act—

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

(a) the 1968 Convention as amended by Titles II and III of the Accession Convention, by Titles II and III of the 1982 Accession Convention and by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention and by Title IV of the 1989 Accession Convention;

(c) Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d) Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e) Titles VI and VII of the 1989 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, in Article 17 of the 1982 Accession Convention and in Article 34 of the 1989 Accession Convention.

Section 8

The following shall be inserted after paragraph (c) of section 3(3) of the Act—

; and

the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention ,

Section 9

The following shall be substituted for the first item in section 50 of the Act—

“the Accession Convention”, “the 1982 Accession Convention” and “the 1989 Accession Convention” have the meaning given by section 1(1);

Section 10

The following shall be substituted for section 39(2)(c) and (d) of the Act—

(c) any colony.

Section 11

The following shall be substituted for section 52(2)(c) and (d) of the Act—

(c) any colony.

Section 12

(1) The text set out in Schedule 1 to this Order shall be substituted for the text set out in Schedule 1 to the Act.

(2) The text set out in Schedule 2 to this Order shall be substituted for the text set out in Schedule 2 to the Act.

(3) The text set out in Schedule 3 to this Order shall be substituted for the text set out in Schedule 3 to the Act.

(4) The text set out in Schedule 4 to this Order shall be inserted after Schedule 3A to the Act.

Section 1

The status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession.

Section 1

In matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated.

Section 1

Where he is one of a number of defendants, in the courts for the place where any one of them is domiciled.

Section 1

in the courts of the State where he is domiciled, or

Section 1

which is entered into after the dispute has arisen, or

Section 1

Any loss of or damage to—

(a) sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;

(b) goods in transit other than passengers' baggage where the transit consists of or includes carriage by such ships or aircraft.

Section 1

a contract for the sale of goods on instalment credit terms, or

Section 1

which is entered into after the dispute has arisen, or

Section 1

(a) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;

(b) however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same Contracting State.

Section 1

If such recognition is contrary to public policy in the State in which recognition is sought.

Section 1

The application shall be submitted—

in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

in Denmark, to the byret,

in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

in Greece, to the Mονομελές ΠρωτοδιΧείο,

in Spain, to the Juzgado de Primera Instancia,

in France, to the presiding judge of the tribunal de grande instance,

in Ireland, to the High Court,

in Italy, to the corte d'appello,

in Luxembourg, to the presiding judge of the tribunal d'arrondissement,

in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

in Portugal, to the Tribunal Judicial de Círculo,

in the United Kingdom—

in England and Wales, to the High Court of Justice, or in the case of maintenance judgment to the Magistrates' Court on transmission by the Secretary of State;

in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;

in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State.

Section 1

An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters—

in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,

in Denmark, with the landsret,

in the Federal Republic of Germany, with the Oberlandesgericht,

in Greece, with the Eφετείο,

in Spain, with the Audiencia Provincial,

in France, with the cour d'appel,

in Ireland, with the High Court,

in Italy, with the corte d'appello,

in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,

in the Netherlands, with the arrondissementsrechtbank,

in Portugal, with the Tribunal de Relação,

in the United Kingdom—

in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court;

in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;

in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court.

Section 1

If the application for enforcement is refused, the applicant may appeal—

in Belgium, to the cour d'appel or hof van beroep,

in Denmark, to the landsret,

in the Federal Republic of Germany, to the Oberlandesgericht,

in Greece, to the Eφετείο,

in Spain, to the Audiencia Provincial,

in France, to the court d'appel,

in Ireland, to the High Court,

in Italy, to the corte d'appello,

in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

in the Netherlands, to the gerechtshof,

in Portugal, to the Tribunal da Relação,

in the United Kingdom—

in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court;

in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;

in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court.

Section 1

a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

Section 1

documents which establish that, according to the law of the State of origin the judgment is enforceable and has been served;

Section 1

A person who is domiciled in a Contracting State may be sued in the Courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either—

(a) the claimant is domiciled in the latter State, or

(b) the claim arose in the latter State, or

(c) the claim concerns the voyage during which the arrest was made or could have been made, or

(d) the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations, or

(e) the claim is for salvage, or

(f) he claim is in respect of a mortgage or hypothecation of the ship arrested.

Section 1

This Convention shall not affect any conventions to which the Contracting States are or will be parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.

Section 1

if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property, or

Section 2

Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings.

Section 2

In matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.

Section 2

As a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case.

Section 2

in another Contracting State, in the courts for the place where the policy-holder is domiciled, or

Section 2

which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section, or

Section 2

Any liability, other than for bodily injury to passengers or loss of or damage to their baggage—

(a) arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

(b) for loss or damage caused by goods in transit as described in point 1(b) above.

Section 2

a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or

Section 2

which allows the consumer to bring proceedings in courts other than those indicated in this Section, or

Section 2

In proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat.

Section 2

Where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence.

Section 2

The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.

Section 2

The judgment given on the appeal may be contested only—

in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

in the Federal Republic of Germany, by a Rechtsbeschwerde,

in Ireland, by an appeal on a point of law to the Supreme Court,

in Portugal, by an appeal on a point of law,

in the United Kingdom, by a single further appeal on a point of law.

Section 2

The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

Section 2

in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.

Section 2

where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Section 2

A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in (5)(o), (p) or (q) of this Article.

Section 2

With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner—

(a) this Convention shall not prevent a court of a Contracting State which is a party to a convention on a particular matter from assuming jurisdiction in accordance with that Convention, even where the defendant is domiciled in another Contracting State which is not a party to that Convention. The court hearing the action shall, in any event, apply Article 20 of this Convention;

(b) judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognized and enforced in the other Contracting State in accordance with this Convention.

Where a convention on a particular matter to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedure for recognition and enforcement of judgments may be applied.

Section 2

if the property constitutes the security for a debt which is the subject-matter of the action.

Section 3

Social security.

Section 3

In matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred.