The Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997

• Citation: S.I. 1997/2602
• Sections: 6

Section 1

This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 and shall come into force on 1st February 1998.

Section 2

(a) Provision corresponding to that made by the provisions of the 1968 Convention specified in paragraph (b) as they had effect immediately before IP completion day shall apply, so far as relevant, for the purpose of regulating, as between the United Kingdom and Gibraltar, the jurisdiction of courts and the recognition and enforcement of judgments.

(b) Those provisions are—

(i) Titles I–V;

(ii) Articles 54 and 57; and

(iii) Article 65 and the Protocol referred to therein.

Section 3

For the purpose stated in Article 2 above the United Kingdom and Gibraltar shall be treated as if each were a separate Contracting State and the relevant provisions of the 1968 Convention and the 1982 Act shall be construed accordingly.

Section 4

(1) In determining any question as to the meaning or effect of the provision (or any part of the provision) made by Article 2 above—

(a) regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention and to any relevant decision of that court as to the meaning or effect of any provision of that Title; and

(b) without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention referred to in section 50 of the 1982 Act may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

(2) The requirement in paragraph (1)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.

Section 5

A judgment shall not be recognised under this Order if, had it been given in another Contracting State, recognition would be refused by virtue of an agreement to which Article 59 of the 1968 Convention applies.

Section 6

This Order extends to Northern Ireland.