ukpga/1982/27 — Civil Jurisdiction and Judgments Act 1982

Civil Jurisdiction and Judgments Act 1982 1982 c. 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] Part I Implementation of the Conventions Main implementing provisions Interpretation of references to the Conventions and Contracting States. 1 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; “ the 1982 Accession Convention ” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982; “ 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 Sebastian on 26th May 1989 ... the 1996 Hague Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague; “the 2005 Hague Convention ” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague ; “the 2007 Hague Convention ” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007; “ the 2019 Hague Convention ” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague; ... ... ... “the Regulation” means Regulation ( EU ) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) ... as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4) as that Regulation had effect and was applied immediately before IP completion day ; 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In this Act— “ 2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention , means a State bound by that Convention; “2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention , means a State bound by that Convention; “ 2019 Hague Convention State ”, in any provision, in the application of that provision in relation to the 2019 Hague Convention, means a State bound by that Convention; “ Contracting State ”, without more, in any provision means— ... ... in the application of the provision in relation to the 2005 Hague Convention , a 2005 Hague Convention State; and in the application of the provision in relation to the 2019 Hague Convention, a 2019 Hague Convention State. ... ... ... ... 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Brussels Conventions to have the force of law. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of the Brussels Conventions . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Lugano Convention to have the force of law. 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of the Lugano Convention. 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The 1996 Hague Convention to have the force of law 3C 1 The 1996 Hague Convention shall have the force of law in the United Kingdom. 2 For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012— a the declaration under Article 29 of the Convention, concerning applicable territorial units; b the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article; c the declaration under Article 54 of the Convention, concerning the use of French. 3 For convenience of reference there are set out in Schedules 3D and 3E respectively— a the English text of the 1996 Hague Convention; b the declarations referred to in subsection (2). The 2005 Hague Convention to have the force of law 3D 1 The 2005 Hague Convention shall have the force of law in the United Kingdom. 2 For the purposes of this Act the 2005 Hague Convention is to be read together with the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts . 3 For convenience of reference there are set out in Schedules 3F and 3FA respectively— a the English text of the 2005 Hague Convention; b the declarations referred to in subsection (2). The 2007 Hague Convention to have the force of law 3E 1 The 2007 Hague Convention shall have the force of law in the United Kingdom. 2 For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020— a the declaration under Article 2(3) of the Convention, concerning spousal support; b the reservation under Article 44(3) of the Convention, concerning the use of French; c the declaration under Article 11(1)(g) of the Convention, concerning application contents; d the unilateral declaration concerning the application of the Convention. 3 For convenience of reference there are set out in Schedules 3G and 3GA respectively— a the English text of the 2007 Hague Convention; b the reservations and declarations referred to in subsection (2). The 2019 Hague Convention to have the force of law 3F 1 The 2019 Hague Convention shall have the force of law in the United Kingdom. 2 For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H. Supplementary provisions as to recognition and enforcement of judgments Enforcement of judgments other than maintenance orders. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement of judgments, other than maintenance orders, under the Lugano Convention 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration and enforcement of judgments under the 2005 Hague Convention 4B 1 Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered. 2 In subsection (1) “the appropriate court” means— a in England and Wales or Northern Ireland, the High Court; b in Scotland, the Court of Session. 3 On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that— a the requirements of Article 13 of the 2005 Hague Convention have been met, and b the judgment— i meets the condition in Article 8(3) of the 2005 Hague Convention, and ii otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention. 4 The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration. 5 Where a judgment ... has been 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. 6 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. 7 Subsection (6) is subject 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 2005 Hague Convention may be enforced. Registration and enforcement of judgments under the 2019 Hague Convention 4C 1 Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered. 2 In subsection (1) “ the appropriate court ” means— a in England and Wales or Northern Ireland, the High Court; b in Scotland, the Court of Session. 3 On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that— a the requirements of Article 12 of the 2019 Hague Convention have been met, and b the judgment— i meets the condition in Article 4(3) of the 2019 Hague Convention, ii meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and iii otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention. 4 The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration. 5 Where a judgment has been 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. 6 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. 7 Subsection (6) is subject 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 2019 Hague Convention may be enforced. Recognition and enforcement of maintenance orders. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognition and enforcement of maintenance orders under the Lugano Convention 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals under Article 37, second paragraph and Article 41. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals under Article 44 and Annex IV of the Lugano Convention 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications to set aside decisions on registration of judgments under the 2005 Hague Convention 6B 1 Either party may apply to set aside the decision on an application under section 4B(1). 2 An application under subsection (1) must be made— a in England and Wales or Northern Ireland, to the High Court; b in Scotland, to the Court of Session. 3 Where an application under subsection (1) is brought against a decision to register a judgment, the court— a must set aside the decision and refuse to register the judgment if it is satisfied that— i the condition in Article 8(3) of the 2005 Hague Convention is not met, or ii the judgment otherwise does not meet the requirements of the 2005 Hague Convention; b may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies. 4 Where an application under subsection (1) is brought against a decision not to register a judgment, the court— a must set aside the decision and register the judgment in the prescribed manner if it is satisfied that— i the condition in Article 8(3) of the 2005 Hague Convention is met, ii the judgment otherwise meets the requirements of the 2005 Hague Convention, and iii none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies; b may set aside the decision and register the judgment in the prescribed manner if it is satisfied that— i the condition in paragraph (a)(i) is met, ii the requirements referred to in paragraph (a)(ii) are met, and iii one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered, or otherwise considers that it is appropriate to do so. 5 Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B. Applications to set aside decisions on registration of judgments under the 2019 Hague Convention 6C 1 Either party may apply to set aside a decision on an application under section 4C(1). 2 An application under subsection (1) must be made— a in England and Wales or Northern Ireland, to the High Court; b in Scotland, to the Court of Session. 3 Where an application under subsection (1) is brought against a decision to register a judgment, the court— a must set aside the decision and refuse to register the judgment if it is satisfied that— i the condition in Article 4(3) of the 2019 Hague Convention is not met, ii none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or iii the judgment otherwise does not meet the requirements of the 2019 Hague Convention; b may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies. 4 Where an application under subsection (1) is brought against a decision not to register a judgment, the court— a must set aside the decision and register the judgment in the prescribed manner if it is satisfied that— i the condition in Article 4(3) of the 2019 Hague Convention is met, ii at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, iii the judgment otherwise meets the requirements of the 2019 Hague Convention, and iv none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies; b may set aside the decision and register the judgment in the prescribed manner if it is satisfied that— i the condition in paragraph (a)(i) is met, ii the requirements referred to in sub-paragraphs (ii) and (iii) of paragraph (a) are met, and iii one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered, or otherwise considers that it is appropriate to do so. 5 Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C. Interest on registered judgments. 7 1 ... Where in connection with an application for registration of a judgment under section ... 4B ... , 4C, 6B or 6C the applicant shows— a that the judgment provides for the payment of a sum of money; and b that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time, the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, ... from the registration of the judgment shall carry interest in accordance with the registered particulars. 2 Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ... Debts under judgments registered under section ... 4B ... , 4C, 6B or 6C shall carry interest only as provided by this section. Currency of payment under registered maintenance orders. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other supplementary provisions Provisions supplementary to Article 26 of the 2005 Hague Convention and Article 23 of the 2019 Hague Convention . 9 1 ... Article 26 of the 2005 Hague Convention and Article 23 of the 2019 Hague Convention (which make provision for the relationship between those Conventions and other conventions to which Contracting States are or may become parties) shall have effect in relation to— a any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and b any rule of law so far as it has the effect of so implementing any such other convention, as they have effect in relation to that other convention itself. 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof and admissibility of certain judgments and related documents. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague Convention 11B 1 For the purposes of the 2005 Hague Convention — a a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and b a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention , shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin. 2 A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports— a to bear the seal of that court; or b to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court. 3 Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section. Proof and admissibility of certain judgments and related documents for the purposes of the 2019 Hague Convention 11C 1 For the purposes of the 2019 Hague Convention— a a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2019 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown, and b a certificate issued by the court of the 2019 Hague Convention State of origin, in the form recommended for use under the 2019 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 12(3) of the 2019 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2019 Hague Convention State of origin. 2 A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports— a to bear the seal of that court, or b to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court. 3 Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section. Provision for issue of copies of, and certificates in connection with, U.K. judgments. 12 Rules of court may make provision for enabling any interested party wishing to secure under ... the 2005 Hague Convention or the 2019 Hague Convention the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules— a a copy of the judgment; and b a certificate giving particulars relating to the judgment and the proceedings in which it was given. Modifications to cover authentic instruments and court settlements. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Modifications consequential on revision of the Conventions. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part I and consequential amendments. 15 1 In this Part, unless the context otherwise requires— “ judgment ” has the meaning given by ... Article 4(1) of the 2005 Hague Convention or, as the case may be, Article 3(1) of the 2019 Hague Convention ; ... ... “ prescribed ” means prescribed by rules of court. 2 References in this Part to a judgment registered under sections ... 4B ... , 4C, 6B or 6C include, to the extent of its registration, references to a judgment so registered to a limited extent only. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part. Part II Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom Jurisdiction in consumer and employment matters Scope of sections 15B to 15E 15A 1 Sections 15B to 15E make provision about the jurisdiction of courts in the United Kingdom— a in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom; b in matters relating to individual contracts of employment. 2 Sections 15B and 15C apply only if the subject-matter of the proceedings and the nature of the proceedings are within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings). 3 Sections 15B to 15E do not apply to proceedings of a description listed in Schedule 5 or to proceedings in Scotland under an enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds. Jurisdiction in relation to consumer contracts 15B 1 This section applies in relation to proceedings whose subject-matter is a matter relating to a consumer contract where the consumer is domiciled in the United Kingdom. 2 The consumer may bring proceedings against the other party to the consumer contract— a where the other party to the consumer contract is domiciled in the United Kingdom, in the courts of the part of the United Kingdom in which the other party to the consumer contract is domiciled, or b in the courts for the place where the consumer is domiciled (regardless of the domicile of the other party to the consumer contract). 3 Proceedings may be brought against the consumer by the other party to the consumer contract only in the courts of the part of the United Kingdom in which the consumer is domiciled. 4 Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly). 5 Subsections (2) and (3) do not affect— a the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending, b the operation of rule 3(e) or (h)(ii) of Schedule 4, or c the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom. 6 Subsections (2) and (3) may be departed from only by an agreement— a which is entered into after the dispute has arisen, b which allows the consumer to bring proceedings in courts other than those indicated in this section, or c which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the United Kingdom and in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part of the United Kingdom, provided that such an agreement is not contrary to the law of that part of the United Kingdom. 7 For the purposes of this section, where a consumer enters into a consumer contract with a party who is not domiciled in the United Kingdom, the other party to the contract is deemed to be domiciled in a particular part of the United Kingdom if that party has a branch, agency or establishment in that part of the United Kingdom and the dispute arose out of the operations of that branch, agency or establishment. Jurisdiction in relation to individual contracts of employment 15C 1 This section applies in relation to proceedings whose subject-matter is a matter relating to an individual contract of employment. 2 The employer may be sued by the employee— a where the employer is domiciled in the United Kingdom, in the courts for the part of the United Kingdom in which the employer is domiciled, b in the courts for the place in the United Kingdom where or from where the employee habitually carries out the employee's work or last did so (regardless of the domicile of the employer), or c if the employee does not or did not habitually carry out the employee's work in any one part of the United Kingdom or any one overseas country , in the courts for the place in the United Kingdom where the business which engaged the employee is or was situated (regardless of the domicile of the employer). 3 If the employee is domiciled in the United Kingdom, the employer may only sue the employee in the part of the United Kingdom in which the employee is domiciled (regardless of the domicile of the employer). 4 Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly). 5 Subsections (2) and (3) do not affect— a the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending, b the operation of rule 3(e) of Schedule 4, c the operation of rule 5(a) of Schedule 4 so far as it permits an employer to be sued by an employee, or d the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom. 6 Subsections (2) and (3) may be departed from only by an agreement which— a is entered into after the dispute has arisen, or b allows the employee to bring proceedings in courts other than those indicated in this section. 7 For the purposes of this section, where an employee enters into an individual contract of employment with an employer who is not domiciled in the United Kingdom, the employer is deemed to be domiciled in the relevant part of the United Kingdom if the employer has a branch, agency or other establishment in that part of the United Kingdom and the dispute arose from the operation of that branch, agency or establishment. Further provision as to jurisdiction 15D 1 Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of section 15B(6) or 15C(6). 2 Even if it would not otherwise have jurisdiction under section 15B or 15C, a court of a part of the United Kingdom before which a defendant enters an appearance has jurisdiction in those proceedings. 3 Subsection (2) does not apply where — a appearance was entered to contest the jurisdiction, or b another court in the United Kingdom has exclusive jurisdiction by virtue of rule 11 of Schedule 4. 4 Subsection (2) does not apply if the defendant is the consumer or employee in relation to the subject-matter of the proceedings, unless the defendant is informed by the court of— a the defendant's right to contest the jurisdiction, and b the consequences of entering or not entering an appearance. 5 Subsection (6) applies where— a a defendant domiciled in the United Kingdom is sued in a court of a part of the United Kingdom other than the part in which the defendant is domiciled and does not enter an appearance, and b the subject-matter of the proceedings is a matter in relation to which section 15B or 15C applies. 6 The court must— a declare of its own motion that it has no jurisdiction, unless it has jurisdiction by virtue of section 15B or 15C or a rule referred to in section 15B(4) or (5) or 15C(4) or (5); b stay the proceedings so long as it is not shown that— i the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable the defendant to arrange for the defendant's defence, or ii all necessary steps have been taken to this end. 7 Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, by virtue of section 15B or 15C or this section, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter. Interpretation 15E 1 In sections 15A to 15D and this section— “ consumer ”, in relation to a consumer contract, means a person who concludes the contract for a purpose which can be regarded as being outside the person's trade or profession; “ consumer contract ” means— a contract for the sale of goods on instalment credit terms, a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or a contract which has been concluded with a person who— pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled, or by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and which falls within the scope of such activities, but it does not include a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation or a contract of insurance, “ defendant ” includes defender. 2 In determining any question as to the meaning or effect of any provision contained in sections 15A to 15D and this section— a regard is to be had to any relevant principles laid down before IP completion day by the European Court in connection with Title II of the 1968 Convention or Chapter 2 of the Regulation and to any relevant decision of that court before IP completion day as to the meaning or effect of any provision of that Title or Chapter, and b without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and are, so far as relevant, to be given such weight as is appropriate in the circumstances. Jurisdiction in other civil proceedings Allocation within U.K. of jurisdiction in certain civil proceedings. 16 1 The provisions set out in Schedule 4 (which contains a modified version of Chapter II of the Regulation ) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where— a the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings); and b the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in Article 24 of the Regulation (exclusive jurisdiction regardless of domicile). 1A This section and Schedule 4 do not apply for the purposes of determining jurisdiction in proceedings in relation to which section 15B, 15C or 15D(2) applies, except as specified in those sections. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In determining any question as to the meaning or effect of any provision contained in Schedule 4— a regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention or Chapter II of the Regulation and to any relevant decision of that court as to the meaning or effect of any provision of that Title or that Chapter ; and b without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances. 3A The requirement in subsection (3)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day . 4 The provisions of this section and Schedule 4 shall have effect subject to ... ... ... and the 2005 Hague Convention and to the provisions of sections 15B, 15C, 15D and 17 . 5 In section 15(1)(a) of the Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added— vi Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 ; or . Exclusion of certain proceedings from Schedule 4. 17 1 Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds. 2 Her Majesty may by Order in Council— a add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and b remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection). 3 An Order in Council under subsection (2)— a may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and b may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate. 4 An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament. Recognition of judgments Enforcement of U.K. judgments in other parts of U.K. 18 1 In relation to any judgment to which this section applies— a Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and b Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced. 2 In this section “ judgment ” means any of the following (references to the giving of a judgment being construed accordingly)— a any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom; b any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or the county court ; c any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom; d any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law; e an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part; f an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation ... within the meaning given by section 341 of that Act or an unexplained wealth order made under that Part (see sections 362A and 396A of that Act) ; g an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation , a detained property investigation , a frozen funds investigation or a cryptoasset investigation within the meanings given by section 341 of that Act; and, subject to the following provisions of this section, this section applies to all such judgments. 3 Subject to subsections (4) , (4ZA) and (4ZB) , this section does not apply to— a a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland; b a judgment given in proceedings other than civil proceedings; ba a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section 426 of the Insolvency Act 1986 ; c a judgment given in proceedings relating to— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii the obtaining of title to administer the estate of a deceased person; d an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation). 4 This section applies, whatever the nature of the proceedings in which it is made, to— a a decree issued under section 13 of the Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session); b an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the Contempt of Court Act 1981 or section 140 of the Senior Courts Act 1981 (which relate to fines for contempt of court and forfeiture of recognisances). 4ZA This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland. 4ZB This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland— a an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002; b an order for the forfeiture of money made under section 303Z14 of that Act; ba a crypto wallet freezing order made under section 303Z37 of that Act; bb an order for the forfeiture of cryptoassets made under section 303Z41 or 303Z45 of that Act; c an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001; d an order for the forfeiture of money made under paragraph 10Z2 of that Schedule. da a crypto wallet freezing order made under paragraph 10Z7BB of that Schedule; db an order for the forfeiture of cryptoassets made under paragraph 10Z7CA or 10Z7CE of that Schedule. 4A This section does not apply as respects— a the enforcement in Scotland of orders made by the High Court or the county court in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or b the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of the Proceeds of Crime (Scotland) Act 1995 5 This section does not apply to so much of any judgment as— a is an order to which section 16 of the Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act); b concerns the status or legal capacity of an individual; c relates to the management of the affairs of a person not capable of managing his own affairs; d is a provisional (including protective) measure other than an order of any of the following kinds— i a freezing order of the kind mentioned in paragraph (a) , (ba) , (c) or (da) of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland); ii an order for the making of an interim payment; iii an interim order made in connection with the civil recovery of proceeds of unlawful conduct; iv an interim freezing order under section 362J of the Proceeds of Crime Act 2002; v an interim freezing order under section 396J of that Act. and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions. 6 The following are within subsection (5)(b), but without prejudice to the generality of that provision— a a judicial separation order or a decree of judicial separation or of separation; b any order which is a Part I order for the purposes of The Family Law Act 1986. 6A In subsection (5)(d), “ an interim order made in connection with the civil recovery of proceeds of unlawful conduct ” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002— a a property freezing order or prohibitory property order; b an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order); c an interim receiving order or interim administration order. d an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order). 7 This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 , the International Recovery of Maintenance (Hague Convention 2007) Regulations 2012 ... ... , or section 4B, 4C, 6B or 6C of this Act . 8 A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7. Recognition of U.K. judgments in other parts of U.K. 19 1 A judgment to which this section applies given in one part of the United Kingdom shall not be refused recognition in another part of the United Kingdom solely on the ground that, in relation to that judgment, the court which gave it was not a court of competent jurisdiction according to the rules of private international law in force in that other part. 2 Subject to subsection (3), this section applies to any judgment to which section 18 applies. 3 This section does not apply to— a the documents mentioned in paragraph (c) of the definition of “ judgment ” in section 18(2); b the awards and orders mentioned in paragraphs (d) and (e) of that definition; c the decrees and orders referred to in section 18(4). Part III Jurisdiction in Scotland Rules as to jurisdiction in Scotland. 20 1 Subject to ... Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court. 2 Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court. 3 Section 43 of the Courts Reform (Scotland) Act 2014 does not apply— a ...in relation to any matter to which Schedule 8 applies. ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In determining any question as to the meaning or effect of any provision contained in Schedule 8 . . .— a regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention or Chapter II of the Regulation and to any relevant decision of that court as to the meaning or effect of any provision of that Title or that Chapter ; and b without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances. 6 The requirement in subsection (5)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day. Continuance of certain existing jurisdictions. 21 1 Schedule 8 does not affect— a the operation of any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds; b without prejudice to the foregoing generality, the jurisdiction of any court in respect of any matter mentioned in Schedule 9. 2 Her Majesty may by Order in Council— a add to the list in Schedule 9 any description of proceedings; and b remove from that list any description of proceedings (whether included in the list as originally enacted or added by virtue of this subsection). 3 An Order in Council under subsection (2) may— a make different provision for different descriptions of proceedings or for the same description of proceedings in different courts; and b contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate. 4 An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament. Supplementary provisions. 22 1 Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground of forum non conveniens. 2 Nothing in Schedule 8 affects the operation of any enactment or rule of law under which a court may decline to exercise jurisdiction because of the prorogation by parties of the jurisdiction of another court. 3 For the avoidance of doubt, it is declared that nothing in Schedule 8 affects the nobile officium of the Court of Session. 4 Where a court has jurisdiction in any proceedings by virtue of Schedule 8, that court shall also have jurisdiction to determine any matter which— a is ancilliary or incidental to the proceedings; or b requires to be determined for the purposes of a decision in the proceedings. Savings and consequential amendments. 23 1 Nothing in Schedule 8 shall affect— a the power of any court to vary or recall a maintenance order granted by that court; b the power of a sheriff court under section 22 of the Maintenance Orders Act 1950 (discharge and variation of maintenance orders registered in sheriff courts) to vary or discharge a maintenance order registered in that court under Part II of that Act; or c the power of a sheriff court under section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of maintenance orders registered in United Kingdom courts) to vary or revoke a registered order within the meaning of Part I of that Act. 2 The enactments specified in Part II of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on Schedule 8. Part IV Miscellaneous Provisions Provisions relating to jurisdiction Interim relief and protective measures in cases of doubtful jurisdiction. 24 1 Any power of a court in England and Wales or Northern Ireland to grant interim relief pending trial or pending the determination of an appeal shall extend to a case where— a the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where— a the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them; ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section. Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings. 25 1 The High Court in England and Wales or Northern Ireland shall have power to grant interim relief where— a proceedings have been or are to be commenced in ... a 2005 Hague Convention State ... ... other than the United Kingdom or in a part of the United Kingdom other than that in which the High Court in question exercises jurisdiction; and b they are or will be proceedings whose subject-matter is ... ... ... within scope of the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention (whether or not ... ... ... the 2005 Hague Convention has effect in relation to the proceedings). 2 On an application for any interim relief under subsection (1) the court may refuse to grant that relief if, in the opinion of the court, the fact that the court has no jurisdiction apart from this section in relation to the subject-matter of the proceedings in question makes it inexpedient for the court to grant it. 3 Her Majesty may by Order in Council extend the power to grant interim relief conferred by subsection (1) so as to make it exercisable in relation to proceedings of any of the following descriptions, namely— a proceedings commenced or to be commenced otherwise than in ... a 2005 Hague Convention State ... ...; b proceedings whose subject-matter is not within the scope . . . of ... ..., ... the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 An Order in Council under subsection (3)— a may confer power to grant only specified descriptions of interim relief; b may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and c may impose conditions or restrictions on the exercise of any power conferred by the Order. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament. 7 In this section “ interim relief ”, in relation to the High Court in England and Wales or Northern Ireland, means interim relief of any kind which that court has power to grant in proceedings relating to matters within its jurisdiction, other than— a a warrant for the arrest of property; or b provision for obtaining evidence. Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc. 26 1 Where in England and Wales or Northern Ireland a court stays or dismisses Admiralty proceedings on the ground that the dispute in question should be submitted . . . to the determination of the courts of another part of the United Kingdom or of an overseas country, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest— a order that the property arrested be retained as security for the satisfaction of any award or judgment which— i is given in respect of the dispute in the . . . legal proceedings in favour of which those proceedings are stayed or dismissed; and ii is enforceable in England and Wales or, as the case may be, in Northern Ireland; or b order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award or judgment. 2 Where a court makes an order under subsection (1), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant . . . legal proceedings. 3 Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order made by a court under subsection (1) as would apply if it were held for the purposes of proceedings in that court. Provisional and protective measures in Scotland in the absence of substantive proceedings. 27 1 The Court of Session may, in any case to which this subsection applies— a subject to subsection (2)(c), grant a warrant for the arrestment of any assets situated in Scotland; b subject to subsection (2)(c), grant a warrant of inhibition over any property situated in Scotland; ba subject to subsection (2)(c) below, grant a warrant for the interim attachment of corporeal moveable property situated in Scotland; and c grant interim interdict. 2 Subsection (1) applies to any case in which— a proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, ... ... , in another 2005 Hague Convention State or in England and Wales or Northern Ireland; b the subject-matter of the proceedings ... is within scope of ... is within the scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention ; and c in relation to paragraphs (a) , (b) and (ba) of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court; but it shall not be necessary, in determining whether proceedings have been commenced for the purpose of paragraph (a) of this subsection, to show that any document has been served on or notice given to the defender. 3 Her Majesty may by Order in Council confer on the Court of Session power to do anything mentioned in subsection (1) or in section 28 in relation to proceedings of any of the following descriptions, namely— a proceedings commenced otherwise than in ... ... a 2005 Hague Convention State ; b proceedings whose subject-matter is not within the scope of ... ... the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention ; c arbitration proceedings; d in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in ..., ... or a 2005 Hague Convention State . 4 An Order in Council under subsection (3)— a may confer power to do only certain of the things mentioned in subsection (1) or in section 28; b may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and c may impose conditions or restrictions on the exercise of any power conferred by the Order. 5 Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament. Application of s. 1 of Administration of Justice (Scotland) Act 1972. 28 1 When any proceedings have been brought, or are likely to be brought, ... in a 2005 Hague Convention State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the Regulation as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as if the proceedings in question had been brought, or were likely to be brought, in that court. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of county court process outside Northern Ireland. 29 The County Court Rules Committee established by Article 46 of the County Courts (Northern Ireland) Order 1980 may make county court rules with respect to the service of process outside Northern Ireland and the conditions subject to which process may be so served; and accordingly in Article 48 of that Order (powers of Rules Committee), after paragraph (e) there shall be added— f the service of process outside Northern Ireland, and the conditions subject to which process may be so served. . Proceedings in England and Wales or Northern Ireland for torts to immovable property. 30 1 The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property. 2 Subsection (1) has effect subject to ... the provisions set out in Schedule 4. Provisions relating to recognition and enforcement of judgments Overseas judgments given against states, etc. 31 1 A judgement given by a court of an overseas country against a state other than the United Kingdom or the state to which that court belongs shall be recognised and enforced in the United Kingdom if, and only if— a it would be so recognised and enforced if it had not been given against a state; and b that court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the United Kingdom in accordance with sections 2 to 11 of the State Immunity Act 1978. 2 References in subsection (1) to a judgment given against a state include references to judgments of any of the following descriptions given in relation to a state— a judgments against the government, or a department of the government, of the state but not (except as mentioned in paragraph (c)) judgments against an entity which is distinct from the executive organs of government; b judgments against the sovereign or head of state in his public capacity; c judgments against any such separate entity as is mentioned in paragraph (a) given in proceedings relating to anything done by it in the exercise of the sovereign authority of the st