The Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1995

• Citation: S.I. 1995/2708
• Sections: 3

Section 1

This Order shall come into force on 1st December 1995 and may be cited as the Reciprocal Enforcement of Foreign Judgment (Canada) (Amendment) Order 1995.

Section 2

The text of the Convention as set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended as follows:

(a) after Article I(i) there shall be added the following “(j) “the 1988 Convention” means the Convention of 16th September 1988 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Lugano.”;

(b) in Article II , paragraph 1, after the words “1968 Convention” there shall be added the words “or to the 1988 Convention.”;

(c) the following shall be substituted for paragraph 1 of Article IX :

(1) The United Kingdom undertakes, in the circumstances permitted by Article 59 of the 1968 Convention and by Article 59 of the 1988 Convention, not to recognise or enforce under either of those Conventions any judgment given in a third state against a person domiciled or habitually resident in Canada.

Section 3

It is hereby declared that Article IX of the Convention set out in the Schedule to the 1987 Order, the text of which is amended by Article 2 of this Order, is a provision of a convention whereby the United Kingdom assumed an obligation of the kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, opened for signature at Lugano on 16th September 1988.