Anwar et al v. Fairfield Greenwich Limited et al

Filing 1048

DECLARATION of Professor Jonathan Harris in Support re: #775 FIRST MOTION to Certify Class.. Document filed by AXA Private Management, Harel Insurance Company Ltd., Harel Insurance Company, Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself), Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit 1 through 3, #2 Exhibit 4 Part 1, #3 Exhibit 4 Part 2, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7 and 8, #7 Exhibit 9 through 11, #8 Exhibit 12 through 14, #9 Exhibit 15 through 21, #10 Exhibit 22 and 23, #11 Exhibit 24, #12 Exhibit 25 through 27, #13 Exhibit 28 through 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37 through 39, #19 Exhibit 40, #20 Exhibit 41 Part 1, #21 Exhibit 41 Part 2, #22 Exhibit 42 through 51, #23 Exhibit 52 through 65, #24 Exhibit 66 through 70, #25 Exhibit 71 through 74, #26 Exhibit 75 through 77, #27 Exhibit 78 through 81, #28 Exhibit 82, #29 Exhibit 83 Part 1, #30 Exhibit 83 Part 2, #31 Exhibit 84 and 85, #32 Exhibit 86 Part 1, #33 Exhibit 86 Part 2, #34 Exhibit 87 through 90, #35 Exhibit 91 Part 1, #36 Exhibit 91 Part 2, #37 Exhibit 92 through 103, #38 Exhibit 104 through 106, #39 Exhibit 107 and 108, #40 Exhibit 109 through 113)(Barrett, David)

Download PDF
EXHIBIT 41 Part 2 Civil Jurisdiction and Judgments Page 88 Act 1982 TITLE V Transitional provisions Law In Force Article 12 1. The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed. 2. However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III ofthe 1968 Convention, as amended by the 1978 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of the Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted. TITLE VI Final Provisions Law In Force Article 13 The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian Languages to the Government of the Hellenic Republic. The texts of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention, drawn up in the Greek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol and the 1978 Convention. Law In Force Article 14 This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities. Law In Force Article 15 This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Hellenic Republic and those States which have put into force the 1978 Convention in accordance with Article 39 of that Convention. Civil Jurisdiction and Judgments Page 89 Act 1982 It shall enter into force for each Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification. Law In Force Article 16 The Secretary-General of the Council of the European Communities shall notify the signatory States of: (a) the deposit of each instrument of ratification; (b) the dates of entry into force of this Convention for the Contracting States. Law In Force Article 17 This Convention, drawn up in a single original Greek, Irish and Italian languages, all eight texts archives of the General Secretarial of the Secretary-General shall transmit a certified copy in the Danish, Dutch, English, French, German, being equally authentic, shall be deposited in the Council of the European Communities. The to the Government of each signatory State. ] 1 [ SCHEDULE 3B TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION Section 2(2) Law In Force Civil Jurisdiction and Judgments Act 1982 Page 90 TITLE VI TRANSITIONAL PROVISIONS Article 29 Law In Force 1. The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed. Law In Force 2. However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognized and enforced in accordance with the provisions of Title III ofthe 1968 Convention, as amended by the 1978 Convention, the 1982 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted. TITLE VII FINAL PROVISIONS Article 30 Law In Force 1. The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, ofthe 1971 Protocol, of the 1978 Convention and of the 1982 Convention in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and of the Portuguese Republic. Law In Force 2. The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Conventionand of the 1982 Convention, drawn up in the Portuguese and Spanish languages, are set out in Annexes II, III, IV and V to this Convention. The texts drawn up in the Portuguese and Spanish languages shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, the 1978 Convention and the 1982 Convention. Civil Jurisdiction and Judgments Act 1982 Page 91 Article 31 Law In Force This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities. Article 32 Law In Force 1. This Convention shall enter into force on the first day of the third month following the date on which two signatory States, of which one is the Kingdom of Spain or the Portuguese Republic, deposit their instruments of ratification. Law In Force 2. This Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification. Article 33 Law In Force The Secretary-General of the Council of the European Communities shall notify the signatory States of(a) the deposit of each instrument of ratification; (b) the dates of entry into force of this Convention for the Contracting States. Article 34 Law In Force This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State. ] 1 Civil Jurisdiction and Judgments Act 1982 Page 92 [SCHEDULE 3BB TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION Section 2(2) Law In Force TITLE V TRANSITIONAL PROVISIONS Law In Force Article 13 1. The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment of authentic instrument is sought, in the State addressed. 2. However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, of the 1968 Convention, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted. TITLE VI FINAL PROVISIONS Law In Force Article 14 Civil Jurisdiction and Judgments Act 1982 Page 93 1. The Secretary-General of the Council of the European Union shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention in the Danish, Dutch, English, German, Greek, Irish, Italian, Spanish and Portuguese languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden. 2. The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention, drawn up in the Finnish and Swedish languages, shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, and 1978 Convention, the 1982 Convention and the 1989 Convention. Law In Force Article 15 This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council ofthe European Union. Law In Force Article 16 1. This Convention shall enter into force on the first day of the third month following the date on which two signatory States, one of which is the Republic of Austria, the Republic of Finland or the Kingdom of Sweden, deposit their instruments of ratification. 2. This Convention shall produce its effects for any other signatory State on the first day of the third month following the deposit of its instrument of ratification. Law In Force Article 17 The Secretary-General of the Council of the European Union shall notify the signatory States of: (a) the deposit of each instrument of ratification; (b) the dates of entry into force of this Convention for the Contracting States. Law In Force Article 18 This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all twelve texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to the Government of each signatory State. ] 1 Civil Jurisdiction and Judgments Act 1982 Page 94 [SCHEDULE 3C TEXT OF THE LUGANO CONVENTION Section 3A(2) Repealed [SCHEDULE 4 CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION JURISDICTION WITHIN UK OF Section 16 Repealed [General]' Civil Jurisdiction and Judgments Act 1982 Page 95 Law In Force [1. Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part. ] 1 Law In Force [ 2. Persons domiciled in a part of the United Kingdom may be sued in the courts of another part of the United Kingdom only by virtue of rules 3 to 13 ofthis Schedule. ] 1 [Special jurisdiction J 1 Law In Force [ 3. A person domiciled in a part ofthe United Kingdom may, in another part ofthe United Kingdom, be sued(a) in matters relating to a contract, in the courts for the place of performance of the obligation in question; (b) 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; (c) in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur; Civil Jurisdiction and Judgments Act 1982 Page 96 (d) as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings; (e) as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated; (f) as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the part of the United Kingdom in which the trust is domiciled; (g) as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question(i) has been arrested to secure such payment; or (ii) could have been so arrested, but bailor other security has been given; provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage; (h) in proceedings(i) concerning a debt secured on immovable property; or (ii) which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property; in the courts ofthe part ofthe United Kingdom in which the property is situated. Law In Force [ 4. Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Schedule, be brought in the courts ofthe part of the United Kingdom in which that company, legal person or association has its seat. ] 1 Civil Jurisdiction and Judgments Act 1982 Page 97 Law In Force [ 5. A person domiciled in a part ofthe United Kingdom may, in another part ofthe United Kingdom, also be sued(a) where he is one of a number of defendants, in the courts for the place where anyone of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings; (b) 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; (c) on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending; (d) in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court ofthe part ofthe United Kingdom in which the property is situated. Law In Force [ 6. Where by virtue of this Schedule a court of a part of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that part, shall also have jurisdiction over claims for limitation of such liability. ] 1 [ Jurisdiction over consumer contracts J1 Civil Jurisdiction and Judgments Act 1982 Page 98 Law In Force [7.(1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if(a) it is a contract for the sale of goods on instalment credit terms; or (b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or (c) in all other cases, the contract 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 the contract falls within the scope of such activities. (2) This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance. ] 1 Law In Force [8.(1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled. (2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled. (3) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending. ] 1 Law In Force [ 9. The provisions of rules 7 and 8 may be departed from only by an agreement- Civil Jurisdiction and Judgments Act 1982 Page 99 (a) which is entered into after the dispute has arisen; or (b) which allows the consumer to bring proceedings in courts other than those indicated in those rules; 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 same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part. [ Jurisdiction over individual contracts of employment J1 Law In Force [10.(1) In matters relating to individual contracts of employment, jurisdiction this rule, without prejudice to rule a3( e). shall be determined by (2) An employer may be sued(a) in the courts ofthe part ofthe United Kingdom in which he is domiciled; or (b) in the courts ofthe part ofthe United Kingdom where the employee habitually carries out his work or in the courts of that part where he last did so; or (c) if the employee does not or did not habitually carry out his work in anyone place, in the courts of the part of the United Kingdom where the business which engaged the employee is or was situated. (3) An employer may bring proceedings which the employee is domiciled. only in the courts of the part of the United Kingdom in (4) The provisions of this rule shall not affect the right to bring a counter-claim which, in accordance with this rule, the original claim is pending. in the court in (5) The provisions ofthis rule may be departed from only by an agreement on jurisdiction(a) which is entered into after the dispute has arisen; or (b) which allows the employee to bring proceedings in courts other than those indicated in this rule. Civil Jurisdiction and Judgments Act 1982 Page 100 [ Exclusive jurisdiction J1 Law In Force [ 11. The following courts shall have exclusive jurisdiction, regardless of domicile:(a) (i) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated; (ii) 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 part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same part ofthe United Kingdom; (b) in proceedings which have as their object the validity ofthe constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts of the part of the United Kingdom in which the company, legal person or association has its seat; (c) in proceedings which have as their object the validity of entries in public registers, the courts of the part of the United Kingdom in which the register is kept; (d) in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdom in which the judgment has been or is to be enforced. Civil Jurisdiction and Judgments Act 1982 Page 101 [ Prorogation of jurisdiction J1 Law In Force [12.(1) Ifthe parties have agreed that a court or the courts of a part ofthe United jurisdiction to settle any disputes which have arisen or which may arise particular legal relationship, and, apart from this Schedule, the agreement confer jurisdiction under the law of that part, that court or those courts shall Kingdom are to have in connection with a would be effective to have jurisdiction. (2) The court or courts of a part of the United Kingdom on which a trust instrument has conferred jurisdiction shall have jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved. (3) Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of rule 9, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11. l1 Law In Force [13.(1) Apart from jurisdiction derived from other provisions of this Schedule, a court of a part of the United Kingdom before which a defendant enters an appearance shall have jurisdiction. (2) This rule shall not apply where appearance was entered to contest the jurisdiction, another court has exclusive jurisdiction by virtue of rule 11. l1 or where Civil Jurisdiction and Judgments Act 1982 [Examination Page 102 as to jurisdiction and admissibility J1 Law In Force [ 14. Where a court of a part of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of another part of the United Kingdom have exclusive jurisdiction by virtue of rule 11, it shall declare of its own motion that it has no jurisdiction. ] 1 Law In Force [15.(1) Where a defendant domiciled in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Schedule. (2) The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end. ] 1 [Provisional, including protective, measures J1 Civil Jurisdiction and Judgments Act 1982 Page 103 Law In Force [ 16. 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, under this Schedule, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter. ] 1 SCHEDULE PROCEEDINGS EXCLUDED 5 FROM SCHEDULE 4 Section 17 Proceedings under the Companies Acts Law In Force 1. Proceedings for the winding up of a company under the [Insolvency Act 1986] 1 or the Companies Act (Northern Ireland) 1960, or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts. Civil Jurisdiction and Judgments Act 1982 Page 104 Patents, trade marks, designs and similar rights Law In Force 2. Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered. 1 Protection of Trading Interests Act 1980 Law In Force 3. Proceedings under section 6 of the Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages). Appeals etc. from tribunals Law In Force 4. Proceedings on appeal from, or for review of, decisions of tribunals. Civil Jurisdiction and Judgments Act 1982 Page 105 Maintenance and similar payments to local and other public authorities Law In Force 5. Proceedings for, or otherwise relating to, an order under any of the following provisions(a) [paragraph 23 of Schedule 2 to the Children Act 1989] 1 , section 80 of the Social Work (Scotland) Act 1968 [section 156 of the Children and Young Persons Act (Northern Ireland) 1968 or Article 41 of the Children (Northern Ireland) Order 1995] 2 (contributions in respect of children in care, etc.); (b) section 49 or 50 of the Child Care Act 1980, section 81 of the Social Work (Scotland) Act 1968 or section 159 of the Children and Young Persons Act (Northern Ireland) 1968 (applications for, or for variation of, affiliation orders in respect of children in care, etc.); (c) section 43 of the National Assistance Act 1948, section 18 of the Supplementary Benefits Act 1976, [section 24 of the Social Security Act 1986, [ section 106 of the Social Security AdministrationAct 1992 or any enactment applying in Northern Ireland and corresponding to either of them, ] 4 ] 3 Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972 or Article 23 of the Supplementary Benefits (Northern Ireland) Order 1977 (recovery of cost of assistance or benefit from person liable to maintain the assisted person); (d) section 44 of the National Assistance Act 1948, section 19 of the Supplementary Benefits Act 1976, Article 102 ofthe Health and Personal Social Services (Northern Ireland) Order 1972 or Article 24 of the Supplementary Benefits (Northern Ireland) Order 1977 (applications for, or for variation of, affiliation orders in respect of children for whom assistance or benefit provided). [6] 5 [8] 7 Civil Jurisdiction and Judgments Act 1982 Page 106 Proceedings under certain conventions, etc. Law In Force 6. Proceedings brought in any court in pursuance of(a) any statutory provision which, in the case of any convention to which Article 57 [or Article 71 of the Regulation ] 1 applies (conventions relating to specific matters which override the general rules [... ]2), implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and (b) any rule of law so far as it has the effect of implementing any such convention. Civil Jurisdiction and Judgments Act 1982 Page 107 Certain Admiralty proceedings in Scotland Law In Force 7. Proceedings in Scotland in an [admiralty action] 1 where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight. Register of aircraft mortgages Law In Force 8. Proceedings Authority. for the rectification of the register of aircraft mortgages kept by the Civil Aviation Civil Jurisdiction and Judgments Act 1982 Page 108 Continental Shelf Act 1964 Law In Force 9. Proceedings brought in any court in pursuance of an order under [section 11 of the Petroleum Act 1998]1. [Financial Services Act 1986J 1 Law In Force [ 10. Proceedings 2000] 2. ] 1 such as are mentioned in [section 415 of the Financial Services and Markets Act Civil Jurisdiction and Judgments Act 1982 Page 109 SCHEDULE ENFORCEMENT OF 6 ux, JUDGMENTS (MONEY PROVISIONS) Section 18 Preliminary Law In Force 1. In this Schedule"judgment" means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly; "money provision" means a provision for the payment of one or more sums of money; "prescribed" means prescribed by rules of court. Certificates in respect of judgments Law In Force 2. (1) Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any money provisions contained in a judgment may apply for a certificate under this Schedule. (2) The application shall be made in the prescribed manner to the proper officer of the original court, that is to say(a) in relation to a judgment within paragraph (a) of the definition of "judgment"in section 18(2), the court by which the judgment or order was given or made; (b) in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered; (c) in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered; (d) in relation to a judgment within paragraph (d) of the definition, the tribunal by which the award or order was made; (e) in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph. Civil Jurisdiction and Judgments Act 1982 Page 110 Law In Force 3. A certificate shall not be issued under this Schedule in respect of a judgment unless under the law ofthe part ofthe United Kingdom in which the judgement was given(a) either(i) the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or (ii) such an appeal having been brought within that time, that appeal has been finally disposed of; and (b) enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired. Law In Force 4.(1) Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant a certificate in the prescribed form(a) stating the sum or aggregate of the sums (including any costs or expenses) payable under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue; (b) stating that the conditions specified in paragraph 3( a) and (b) are satisfied in relation to the judgment; and (c) containing such other particulars as may be prescribed. (2) More than one certificate may be issued under this Schedule (simultaneously times) in respect of the same judgment. or at different Civil Jurisdiction and Judgments Act 1982 Page 111 Registration of certificates Law In Force 5.(1) Where a certificate has been issued under this Schedule in any part of the United Kingdom, any interested party may, within six months from the date of its issue, apply in the prescribed manner to the proper officer of the superior court in any other part of the United Kingdom for the certificate to be registered in that court. (2) In this paragraph "superior court" means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session. (3) Where an application is duly made under this paragraph to the proper officer of a superior court, he shall register the certificate in that court in the prescribed manner. General effect of registration Law In Force 6.(1) A certificate registered under this Schedule 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 certificate had been a judgment originally given in the registering court and had (where relevant) been entered. (2) Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and the conditions subject to which a certificate registered under this Schedule may be enforced. Civil Jurisdiction and Judgments Act 1982 Page 112 Costs or expenses Law In Force 7. Where a certificate is registered under this Schedule, the reasonable costs or expenses of and incidental to the obtaining of the certificate and its registration shall be recoverable as if they were costs or expenses stated in the certificate to be payable under a money provision contained in the original judgment. Interest Law In Force 8.(1) Subject to any provision made under sub-paragraph (2), the debt resulting, apart from paragraph 7, from the registration of the certificate shall carry interest at the rate, if any, stated in the certificate from the date or time so stated. (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 sub-paragraph (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date. (3) All such sums as are recoverable by virtue of paragraph 7 carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the certificate. (4) Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest. Civil Jurisdiction and Judgments Act 1982 Page 113 Stay or sisting of enforcement in certain cases Law In Force 9. Where a certificate in respect of a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the certificate is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the certificate, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of. Cases in which registration of a certificate must or may be set aside Law In Force 10. Where a certificate has been registered under this Schedule, the registering court(a) shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule; (b) may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment in question was given had previously been the subj ect of a judgment by another court or tribunal having jurisdiction in the matter. Civil Jurisdiction and Judgments Act 1982 Page 114 SCHEDULE ENFORCEMENT OF ux, JUDGMENTS 7 (NON-MONEY PROVISIONS) Section 18 Preliminary Law In Force 1. In this Schedule"judgment" means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly; "non-money provision" means a provision for any relief or remedy not requiring payment of a sum of money; "prescribed" means prescribed by rules of court. Certified copies of judgments Law In Force 2.(1) Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any non-money provisions contained in a judgment may apply for a certified copy of the judgment. (2) The application shall be made in the prescribed manner to the proper officer of the original court, that is to say(a) in relation to a judgment within paragraph (a) of the definition of "judgment" in section 18(2), the court by which the judgment or order was given or made; (b) in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered; (c) in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered; (d) in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award for order was made; (e) in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph. Civil Jurisdiction and Judgments Act 1982 Page 115 Law In Force 3. A certified copy of a judgment shall not be issued under this Schedule unless under the law of the part of the United Kingdom in which the judgment was given(a) either(i) the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or (ii) such an appeal having been brought within that time, that appeal has been finally disposed of; and (b) enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired. Law In Force 4.(1) Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant(a) a certified copy of the judgment (including any money provisions or excepted provisions which it may contain); and (b) a certificate stating that the conditions specified in paragraph 3( a) and (b) are satisfied in relation to the judgment. (2) In sub-paragraph (1)(a) "excepted provision" means any provision of a judgment which is excepted from the application of section 18 by subsection (5) of that section. (3) There may be issued under this Schedule (simultaneously or at different times)(a) more than one certified copy ofthe same judgment; and (b) more than one certificate in respect of the same judgment. Civil Jurisdiction and Judgments Act 1982 Page 116 Registration of judgments Law In Force 5.(1) Where a certified copy of a judgment has been issued under this Schedule in any part of the United Kingdom, any interested party may apply in the prescribed manner to the superior court in any other part of the United Kingdom for the judgment to be registered in that court. (2) In this paragraph "superior court" means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session. (3) An application under this paragraph for the registration of a judgment must be accompanied by(a) a certified copy ofthe judgment issued under this Schedule; and (b) a certificate issued under paragraph 4(1 )(b) in respect of the judgment not more than six months before the date of the application. (4) Subject to sub-paragraph (5), where an application under this paragraph is duly made to a superior court, the court shall order the whole of the judgment as set out in the certified copy to be registered in that court in the prescribed manner. (5) A judgment shall not be registered under this Schedule by the superior court in any part ofthe United Kingdom if compliance with the non-money provisions contained in the judgment would involve a breach ofthe law of that part of the United Kingdom. General effect of registration Law In Force 6.(1) The non-money provisions contained in a judgment registered under this Schedule shall, for the purposes of their enforcement, be of the same force and effect, the registering court shall have Civil Jurisdiction and Judgments Act 1982 Page 117 in relation to their enforcement the same powers, and proceedings for or with respect to their enforcement may be taken, as if the judgment containing them had been originally given in the registering court and had (where relevant) been entered. (2) Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and conditions subject to which the non-money provisions contained in a judgment registered under this Schedule may be enforced. Costs or expenses Law In Force 7.(1) Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to(a) the obtaining of the certified copy of the judgment and of the necessary certificate under paragraph 4(1 )(b) in respect of it; and (b) the registration of the judgment, shall be recoverable as if on the date of registration there had also been registered in the registering court a certificate under Schedule 6 in respect of the judgment and as if those costs or expenses were costs or expenses stated in that certificate to be payable under a money provision contained in the judgment. (2) All such sums as are recoverable by virtue of sub-paragraph (1) shall carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the judgment. Civil Jurisdiction and Judgments Act 1982 Page 118 Stay or sisting of enforcement in certain cases Law In Force 8. Where a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the judgment is entitled and intends to apply under the law ofthe part ofthe United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the judgment, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of. Cases in which registered judgment must or may be set aside Law In Force 9. Where a judgment has been registered under this Schedule, the registering court(a) shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule; (b) may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter. Civil Jurisdiction and Judgments Act 1982 Page 119 SCHEDULE 8 RULES AS TO JURISDICTION IN SCOTLAND Section 20 General Law In Force [1. Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled. ] 1 Special jurisdiction Law In Force [ 2. Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction over individual contracts of employment), 5 (exclusive jurisdiction) and 6 (prorogation), a person may also be sued(a) where he has no fixed residence, in a court within whose jurisdiction he is personally cited; (b) in matters relating to a contract, in the courts for the place of performance of the obligation in question; (c) in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur; (d) as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that the court has jurisdiction to entertain civil proceedings; (e) 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 has jurisdiction to entertain those proceedings, provided that an action for adherence and aliment or of affiliation and aliment Civil Jurisdiction and Judgments Act 1982 Page 120 shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person; (f) as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated; (g) in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the Trusts (Scotland) Act 1921; (h) where he is not domiciled in the United Kingdom, in the courts for any place where(i) any movable property belonging to him has been arrested; or (ii) any immovable property in which he has any beneficial interest is situated; (i) in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated; G) in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed; (k) in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated; (1) in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat; (m) in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session; (n) in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session; (0) (i) where he is one of a number of defenders, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings; (ii) 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; (iii) on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending; (p) in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immovable property, in the courts for the place where the property is situated; (q) as regards a claim for limitation of liability arising from the use or operation of a ship, in the court having jurisdiction in the action relating to such liability. Civil Jurisdiction and Judgments Act 1982 Page 121 Jurisdiction over consumer contracts Law In Force [3.(1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, subj ect to rule 5, jurisdiction shall be determined by this rule if(a) it is a contract for the sale of goods on instalment credit terms; or (b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or (c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in Scotland or, by any means, directs such activities to Scotland or to several places including Scotland, and the contract falls within the scope of such activities. (2) This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation. (3) A consumer may bring proceedings against the other party to a contract only in(a) the courts for the place in which that party is domiciled; (b) the courts for the place in which he is himself domiciled; or (c) any court having jurisdiction by virtue of rule 2(t) or (i). (4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i). (5) The provisions of this rule shall not affect the right to bring a counterclaim in the court in which, in accordance with this rule, the original claim is pending. (6) The provisions of this rule may be departed from only by an agreement(a) which is entered into after the dispute has arisen; or (b) which allows the consumer to bring proceedings in courts other than those indicated in this rule; 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 same Civil Jurisdiction and Judgments Act 1982 Page 122 Regulation State, and which confers jurisdiction on the courts of that Regulation State, provided that such an agreement is not contrary to the law of that Regulation State. [ Jurisdiction over individual contracts of employment J1 Law In Force Amendment(s) Pending [4.(1) In matters relating to individual contracts of employment, jurisdiction this rule, without prejudice to rule 2(t). shall be determined by (2) An employer may be sued(a) in the courts for the place where he is domiciled; or (b) in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so; or (c) if the employee does not or did not habitually carry out his work in anyone place, in the courts for the place where the business which engaged the employee is or was situated. (3) An employer may bring proceedings only in the courts for the place in which the employee is domiciled. (4) The provisions of this rule shall not affect the right to bring a counter-claim which, in accordance with this rule, the original claim is pending. in the court in (5) The provisions ofthis rule may be departed from only by an agreement on jurisdiction(a) which is entered into after the dispute has arisen; or (b) which allows the employee to bring proceedings in courts other than those indicated in this rule. Civil Jurisdiction and Judgments Act 1982 Page 123 [ Exclusive jurisdiction J1 Law In Force [5.(1) Notwithstanding anything contained in any of rules 1 to 4 above or 6 to 9 below but subject to paragraph (3) below, the following courts shall have exclusive jurisdiction:(a) in proceedings which have as their object rights in rem in, or tenancies of, immovable property, the courts for the place where the property is situated; (b) in proceedings which have as their object the validity ofthe constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts for the place where the company, legal person or association has its seat; (c) in proceedings which have as their object the validity of entries in public registers, the courts for the place where the register is kept; (d) in proceedings concerned with the enforcement of judgments, the courts for the place where the judgment has been or is to be enforced. (2) No court shall exercise jurisdiction in a case where immovable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgment has been or is to be enforced is situated outside Scotland and where paragraph (1) would apply ifthe property, seat, register or, as the case may be, place of enforcement were situated in Scotland. (3) 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 for the place in which the defender is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and tenant are domiciled in Scotland. ] 1 Civil Jurisdiction and Judgments Act 1982 Page 124 Law In Force 6.[Existing para.6 is not repealed but has been substituted as part of the amendment substituting Sch.8.] 1 [ Prorogation of jurisdiction J1 Law In Force [6.- (1) If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have jurisdiction. (2) Such an agreement conferring jurisdiction shall be either(a) in writing or evidenced in writing; or (b) in a form which accords with practices which the parties have established between themselves; or Civil Jurisdiction and Judgments Act 1982 Page 125 (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned. (3) Any communication by electronic means which provides a durable record of the agreement shall be equivalent to "writing". (4) The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved. (5) Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (4) above applies may be brought in any court in Scotland. (6) Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies. ] 1 Law In Force [7.(1) Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction. (2) This rule shall not apply where appearance was entered to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies. ] 1 Civil Jurisdiction and Judgments Act 1982 Page 126 Law In Force 8. [Existing para.8 is not repealed but has been substituted as part of the amendment substituting Sch.8.] 1 [Examination as to jurisdiction and admissibility J1 Law In Force [ 8. Where a court is seised of a claim which is principally concerned with a matter over which another court has exclusive jurisdiction by virtue of rule 5, or where it is precluded from exercising jurisdiction by rule 5(2), it shall declare of its own motion that it has no jurisdiction. ] 1 Law In Force [ 9. Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction. ] 1 Civil Jurisdiction and Judgments Act 1982 Page 127 SCHEDULE 9 PROCEEDINGS EXCLUDED FROM SCHEDULE 8 Section 21 Law In Force 1. Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings which consist solely of proceedings [... ]1 of affiliation and aliment. Law In Force 2. Proceedings for regulating the custody of children. Civil Jurisdiction and Judgments Act 1982 Page 128 Law In Force [2A. Proceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act. ] 1 Law In Force 3. Proceedings relating to [guardianship of children] 1 and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs. Law In Force 4. Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors. Civil Jurisdiction and Judgments Act 1982 Page 129 Law In Force 5. Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up. Law In Force 6. Admiralty causes in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight. [ 2 ] 1 Law In Force 7. Commissary proceedings. Civil Jurisdiction and Judgments Act 1982 Page 130 for the rectification of the register of aircraft mortgages kept by the Civil Aviation Law In Force 8. Proceedings Authority. Law In Force 9. Proceedings under section 7(3) of the Civil Aviation (Eurocontrol) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol). Law In Force 10. Proceedings brought in pursuance of an order under [section 11 of the Petroleum Act 1998 ] 1 . Law In Force 11. Proceedings under section 6 of the Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages). Civil Jurisdiction and Judgments Act 1982 Page 131 Law In Force 12. Appeals from or review of decisions of tribunals. Law In Force 13. Proceedings which are not in substance proceedings in which a decree against any person is sought. Law In Force 14. Proceedings brought in any court in pursuance of(a) any statutory provision which, in the case of any convention to which Article 57 [, or Article 71 of the Regulation,] 1 applies (conventions relating to specific matters which override the general rules [... ]2), implements the convention; and (b) any rule of law so far as it has the effect of implementing any such convention. Civil Jurisdiction and Judgments Act 1982 Page 132 SCHEDULE Law In Force 1. (2) [ ]1 (3) [ ]2 Law In Force 2. [... ]1 Law In Force 3. [... ]1 10 Civil Jurisdiction and Judgments Act 1982 Page 133 Law In Force 4. [... ]1 Law In Force 5. (1) [ ]1 (2) [ ]1 (3) [ ]1 SCHEDULE 11 PART I Law In Force 1. [... ]1 Civil Jurisdiction Law In Force 2. (1) [ ]1 (2) [ ]1 (3) [ ]2 Law In Force 3. (1) [ ]1 (2) [ ]1 (3) [ ]2 and Judgments Act 1982 Page 134 Civil Jurisdiction and Judgments Act 1982 Page 135 Law In Force 4. (1) [ ]1 (2) [ ]2 PART II Law In Force 5. [... ]1 Law In Force 6. (1) [ ]1 (2) [ ]1 (3) [ ]2 Civil Jurisdiction and Judgments Act 1982 Page 136 Law In Force 7. (1) [ ]1 (2) [ ]1 (3) [ ]2 (4) [ ]3 PART III Repealed 8. [... ]1 Repealed 9. [... ]1 Repealed 10. [... ]1 Civil Jurisdiction Repealed 11. [... ]1 Repealed 12. [... ]1 Law In Force 13. (1) [ ]1 (2) [ ]1 (3) [ ]2 (4) [ ]3 (5) [ ]4 (6) [ ]5 Repealed 14. [... ]1 and Judgments Act 1982 Page 137 Civil Jurisdiction and Judgments Act 1982 Page 138 Repealed 15. [... ]1 Repealed 16. [... ]1 Repealed 17. [... ]1 Repealed 18. [... ]1 SCHEDULE PART I Law In Force 1. [... ]1 Law In Force 2. [... ]1 12 Civil Jurisdiction Law In Force 3. [... ]1 Law In Force 4. [... ]1 Law In Force 5. [... ]1 and Judgments Act 1982 Page 139 Civil Jurisdiction and Judgments Law In Force 6. [... ]1 Law In Force 7. (a) [ ]1 (b) [ ]2 Law In Force 8. (1) [ ]1 (2) [ ]2 Act 1982 Page 140 Civil Jurisdiction and Judgments Act 1982 Page 141 PART II Law In Force 1. [... ]1 Law In Force 2. [... ]1 Law In Force 3. (1) [ ]1 (2) [ ]2 Civil Jurisdiction and Judgments Act 1982 Page 142 Law In Force 4. [... ]1 PART III Law In Force 1. (1) [ ]1 (2) [ ]1 (3) (a) [ (b) [ (c) [ (4) [... ]5 ]2 ]3 ]4 Civil Jurisdiction Law In Force 2. [... ]1 Law In Force 3 (1) [ ]1 (2) [ ]1 (3) [ ]2 (4) [ ]3 Law In Force 4. [... ]1 and Judgments Act 1982 Page 143 Civil Jurisdiction and Judgments Act 1982 Page 144 Law In Force 5. (1) (a) [ (b) [ ]1 ]2 (2) [... ]3 SCHEDULE COMMENCEMENT, TRANSITIONAL 13 PROVISIONS AND SAVINGS Section 53 PART I COMMENCEMENT Provisions coming into force on Royal Assent Law In Force 1. The following provisions come into force on Royal Assent: Provision Subject-matter section 53(1) and Part I ofthis Schedule. Commencement. section 55 Short title. Civil Jurisdiction and Judgments Act 1982 Page 145 Provisions coming into force six weeks after Royal Assent Law In Force 2. The following provisions come into force at the end of the period of six weeks beginning with the day on which this Act is passed: Provision Subject-matter section 24(1)(a), (2)(a) and (3). Interim relief and protective measures in cases of doubtful jurisdiction. section 29 Service of county court process outside Northern Ireland. section 30 Proceedings in England and Wales or Northern Ireland for torts to immovable property. section 31 Overseas judgments section 32 Overseas judgments given in breach of agreement settlement of disputes. section 33 Certain steps not to amount to submission of overseas court. section 34 Certain judgments cause of action. section 35(3) Consolidation of Orders in Council under section 14 of the Administration of Justice Act 1920. section 38 Overseas judgments damages. section 40 Power to modify enactments section 49 Saving for powers to stay, sist, strike out or dismiss proceedings. section 50 Interpretation: section 51 Application section 52 Extent. paragraphs 7 to 10 of Part II of this Schedule and section 53(2) so far as relates to those paragraphs. Transitional given against states. to jurisdiction a bar to further proceedings counteracting relating to legal aid, etc. to Crown. section 54 and Schedule 14 so far as relating to the repeal Repeals consequential of provisions in section 4 of the Foreign Judgments (Reciprocal Enforcement) Act 1933. on the same an award of multiple general. provisions for and savings. on sections 32 and 33. Civil Jurisdiction and Judgments Act 1982 Page 146 Provisions coming into force on a day to be appointed Law In Force 3.(1) The other provisions of this Act come into force on such day as the Lord Chancellor and the Lord Advocate may appoint by order made by statutory instrument. (2) Different days may be appointed under this paragraph for different purposes. 1 PART II TRANSITIONAL PROVISIONS AND SAVINGS Section 16 and Schedule 4 Law In Force 1.(1) Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section. (2) Nothing in section 16 or Schedule 4 shall preclude the bringing of proceedings in any part of the United Kingdom in connection with a dispute concerning a contract if the parties to the dispute Civil Jurisdiction and Judgments Act 1982 Page 147 had agreed before the commencement of that section that the contract was to be governed by the law of that part of the United Kingdom. Section 18 and Schedule 6 and associated repeals Law In Force 2.(1) In relation to a judgment a certificate where of has been registered under the 1868 Act or the 1882 Act before the repeal of that Act by this Act, the 1868 Act or, as the case may be, the 1882 Act shall continue to have effect notwithstanding its repeal. (2) Where by virtue of sub-paragraph (1) the 1882 Act continues to have effect in relation to an order to which section 47 of the Fair Employment (Northern Ireland) Act 1976 (damages etc. for unfair discrimination) applies, that section shall continue to have effect in relation to that order notwithstanding the repeal of that section by this Act. (3) A certificate issued under Schedule 6 shall not be registered under that Schedule in a part of the United Kingdom if the judgment to which that certificate relates is the subject of a certificate registered in that part under the 1868 Act or the 1882 Act. (4) In this paragraph"the 1868 Act" means the Judgments Extension Act 1868; "the 1882 Act" means the Inferior Courts Judgments Extension Act 1882; "judgment" has the same meaning as in section 18. Civil Jurisdiction and Judgments Act 1982 Page 148 Section 18 and Schedule 7 Law In Force 3. Schedule 7 and, so far as it relates to that Schedule, section 18 shall not apply to judgments given before the coming into force of that section. Section 19 Law In Force 4. Section 19 shall not apply to judgments given before the commencement of that section. Section 20 and Schedule 8 Law In Force 5. Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement that section. of Civil Jurisdiction and Judgments Act 1982 Page 149 Section 26 Law In Force 6. The power conferred by section 26 shall not be exercisable in relation to property arrested before the commencement of that section or in relation to bailor other security given(a) before the commencement of that section to prevent the arrest of property; or (b) to obtain the release of property arrested before the commencement of that section; or (c) in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b). Section 31 Law In Force 7. Section 31 shall not apply to any judgment(a) which has been registered under Part II of the Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or (b) in respect of which proceedings at common law for its enforcement have been finally determined before that time. Civil Jurisdiction and Judgments Act 1982 Page 150 Section 32 and associated repeal Law In Force 8.(1) Section 32 shall not apply to any judgment(a) which has been registered under Part II ofthe Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 before the time when that section comes into force; or (b) in respect of which proceedings at common law for its enforcement have been finally determined before that time. (2) Section 4(3)(b) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall continue to have effect, notwithstanding its repeal by this Act, in relation to a judgment registered under Part I of that Act before the commencement of section 32. Section 33 and associated repeal Law In Force 9.(1) Section 33 shall not apply to any judgment(a) which has been registered under Part II of the Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or (b) in respect of which proceedings at common law for its enforcement have been finally determined before that time. Civil Jurisdiction and Judgments Act 1982 Page 151 (2) The repeal by this Act of words in section 4(2)(a)(i) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall not affect the operation of that provision in relation to a judgment registered under Part I of that Act before the commencement of section 33. Section 34 Law In Force 10. Section 34 shall not apply to judgments given before the commencement of that section. SCHEDULE 14 [... ]1 Civil Jurisdiction and Judgments Act 1982 Page 152 Modifications Whole Document Civil Jurisdiction and Judgments Act 1991 c. 12, s. 3 Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 199512708, Preamble PtI s. 4 Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 2(1) Pt Is. 4A(2) Civil Jurisdiction and Judgments Regulations PtI s. S Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 3(1) PtI s. SA(4) Civil Jurisdiction and Judgments Regulations Pt Is. 6(1) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 2(1) Pt Is. 6(2) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 2(1) Pt Is. 6(3) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 3(1) Pt Is. 7(1) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 2(1) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 3(1) Pt Is. 7(2) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 2(1) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 3(1) Pt Is. 7(3) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 2(1) Pt Is. 7(4) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 3(1) Pt Is. 7(S) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 2(1) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 3(1) PtI s. 8 Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 3(1) PtI s. 11 Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 4(1) Pt Is. 11A Civil Jurisdiction and Judgments Regulations Civil Jurisdiction and Judgments Regulations 2009/3131, 2009/3131, 2009/3131, 2009/3131, reg. 47(3) reg. 47(4) reg. 47(5) reg. 47(6) Pt Is. IS(2) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 6 Pt Is. IS(3) Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 6 Pt II s. 18 Drug Trafficking Act 1994 (Enforcement of North em Ireland Confiscation Orders) Order 1995/1967, art. 2(2) PtV s. 48 Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993/604, art. 8 Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 200113928, art. 4 Civil Jurisdiction and Judgments Act 1982 Page 153 Sch.4 Housing (Scotland) Act 2006 (Consequential Provisions) Order 4(3) Sch. 5 para. 10 Financial Services and Markets Act 2000 (Consequential and Transitional Provisions) (Miscellaneous) (No.2) Order 200112659, art. 8 Sch.8 Housing (Scotland) Act 2006 (Consequential Provisions) Order 5(3) 2008/1889, 2008/1889, art. art. Civil Jurisdiction and Judgments Act 1982 Page 154 Table of Contents Civil Jurisdiction and Judgments 1 Act 1982 c. 27 1 Preamble Part I IMPLEMENTATION Main implementing 1 1 1 OF THE CONVENTIONS provisions s. 1 Interpretation of references to the Conventions and Contracting States :± s. 2 The Brussels Conventions to have the force of law s. 3 Interpretation of the Brussels Conventions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ Q Q s. 3A The Lugano Convention to have the force of law s. 3B Interpretation Supplementary of the Lugano Convention provisions s. 4 Enforcement as to recognition and enforcement of judgments other than maintenance of judgments ~ orders.. . . . . . . . . . . . . . . . . .. Q s. 4A Enforcement of judgments, other than maintenance orders, under the Lugano Convention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. s. 5 Recognition and enforcement of maintenance orders . s. 5A Recognition and enforcement of maintenance orders under the Lugano Convention . s. 6 Appeals under Article 37, second paragraph and Article 41.. . s. 6AAppeals . under Article 44 and Annex IV of the Lugano Convention s. 7 Interest on registered judgments . s. 8 Currency of payment under registered maintenance orders . Other supplementary provisions s. 9 Provisions supplementary . to Title VII of 1968 Convention . s. 10 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts . s. 11 Proof and admissibility of certain judgments and related documents . s. llA "Proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention . s. 12 Provision for issue of copies of, and certificated in connection with, U.K. Judgments . s. 13 Modifications to cover authentic instruments and court settlements . s. 14 Modifications consequential . s. 15 Interpretation on revision of the Conventions of Part I and consequential amendments . Part II . JURISDICTION, AND RECOGNITION WITHIN UNITED KINGDOM AND ENFORCEMENT s. 16 Allocation within U.K. of jurisdiction OF JUDGMENTS, . in certain civil proceedings . s. 17 Exclusion of certain proceedings from Schedule 4 . s. 18 Enforcement ofU.K. judgments in other parts . s. 19 Recognition ofU.K. judgments in other parts of U.K. . 1 Civil Jurisdiction and Judgments Act 1982 Page 155 Part III . JURISDICTION IN SCOTLAND . s. 20 Rules as to jurisdiction in Scotland . s. 21 Continuance of certain existing jurisdictions . s. 22 Supplementary . provision s. 23 Savings and consequential Part IV MISCELLANEOUS Provisions relating amendments . PROVISIONS . to jurisdiction . s. 24 Interim relief and protective measures in cases of doubtful jurisdiction . s. 25 Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings . s. 26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc . s. 27 Provisional and protective measures in Scotland in the absence of substantive proceedings . s. 28 Application of s. 1 of Administration of Justice (Scotland) Act 1972 . s. 29 Service of county court process outside Northern Ireland . s. 30 Proceedings in England and Wales or Northern Ireland for torts to immovable property . Provisions relating to recognition and enforcement of judgments . s. 31 Overseas judgments given against states, etc . s. 32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes . s. 33 Certain steps not to amount to submission to jurisdiction of overseas court . s. 34 Certain judgments a bar to further proceedings on the same cause of action .. s. 35 Minor amendments relating to overseas judgments . s. 36 Registration of maintenance . orders in Northern Ireland s. 37 Minor amendments relating to maintenance orders . s. 38 . Jurisdiction, and recognition and certain territories and enforcement of judgments, as between United Kingdom . s. 39 Application of provisions corresponding to 1968 Convention in relation to certain territories . s. 40 Part V SUPPLEMENTARY . AND GENERAL PROVISIONS Domicile . . s. 41 Domicile of individuals . s. 41A "Domicile of individuals for the purposes of the Lugano Convention . s. 42 Domicile and seat of corporation or association . Civil Jurisdiction and Judgments Act 1982 Page 156 s. 43 Seat of corporation or association for purposes of Article 16(2) and related prOVISIons . s. 43A Seat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano Convention . s. 44 Persons deemed to be domiciled in the United Kingdom for certain purposes .. s. 44A Persons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano Convention . s. 45 Domicile of trusts . s. 46 Domicile and seat of the Crown . Other supplementary provisions . s. 47 Modifications occasioned by decisions of European Court as to meaning or effect of Conventions . s. 48 Matters for which rules of court may provide . s. 49 Saving for powers to stay, sist, strike out or dismiss proceedings . General. s. 50 Interpretation: . general.. . s. 51 Application to Crown . s. 52 Extent. . s. 53 Commencement, transitional provisions and savings . s. 54 . s. 55 . Schedule 1 TEXT OF 1968 CONVENTION, AS AMENDED . para. 1 . Schedule 2 TEXT OF 1971 PROTOCOL, AS AMENDED . para. 1 Schedule 3 TEXT OF TITLES V AND VI OF THE ACCESSION AMENDED . CONVENTION, para. 1 Schedule 3A TEXT OF TITLES V AND VI OF 1982 ACCESSION . CONVENTION para. 1 Schedule 3B TEXT OF TITLES VIAND VII OF 1989 ACCESSION CONVENTION .. . CONVENTION .. para. 1 Schedule 3C TEXT OF THE LUGANO CONVENTION para. 1 Schedule 4 CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK para. 1 General. . . para. 1 Schedule 3BB TEXT OF TITLES V AND VI OF 1996 ACCESSION AS . . . . . . . Civil Jurisdiction and Judgments Act 1982 Page 157 para. 1 . para. 2 . Special jurisdiction . para. 3 . para. 4 . para. 5 . para. 6 . Jurisdiction over consumer contracts . para. 7 . para. 8 . para. 9 . Jurisdiction over individual contracts of employment . para. 10 . Exclusive jurisdiction . para. 11 . Prorogation of jurisdiction . para. 12 . para. 13 . Examination as to jurisdiction and admissibility . para. 14 . para. 15 . Provisional, including protective, measures . para. 16 . Schedule 5 PROCEEDINGS EXCLUDED FROM SCHEDULE 4 Proceedings under the Companies Acts . . para. 1 . Patents, trade marks, designs and similar rights . para. 2 . Protection of Trading Interests Act 1980 . para. 3 . Appeals etc. from tribunals . para. 4 Maintenance and similar payments to local and other public authorities para. 5 Proceedings under certain conventions, etc para. 6 Certain Admiralty proceedings in Scotland para. 7 Register of aircraft mortgages . . . . . . . . Civil Jurisdiction and Judgments Act 1982 Page 158 para. 8 . Continental Shelf Act 1964 . para. 9 . Financial Services Act 1986 . para. 10 Schedule 6 ENFORCEMENT Preliminary . OF D.K, JUDGMENTS (MONEY PROVISIONS) . . para. 1 Certificates in respect of judgments . . para. 2 . para. 3 . para. 4 . Registration of certificates . para. 5 General effect of registration . . para. 6 Costs or expenses . . para. 7 Interest . . para. 8 Stay or sisting of enforcement in certain cases para. 9 Cases in which registration of a certificate must or may be set aside para. 10 . . . . . Schedule 7 ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS). Preliminary . para. 1 Certified copies of judgments . . para. 2 . para. 3 . para. 4 . Registration of judgments para. 5 General effect of registration para. 6 Costs or expenses para. 7 Stay or sisting of enforcement in certain cases para. 8 . . . . . . . . Civil Jurisdiction and Judgments Act 1982 Cases in which registered judgment must or may be set aside para. 9 Schedule 8 RULES AS TO JURISDICTION IN SCOTLAND General. para. 1 Page 159 . . . . . Special jurisdiction . para. 2 . Jurisdiction over consumer contracts para. 3 Jurisdiction over individual contracts of employment . . . para. 4 . Exclusive jurisdiction . para. 5 . para. 6 . Prorogation of jurisdiction . para. 6 . para. 7 . para. 8 . Examination as to jurisdiction and admissibility . para. 8 . para. 9 . Schedule 9 PROCEEDINGS EXCLUDED FROM SCHEDULE 8 . para. 1 . para. 2 . para. 2A . para. 3 . para. 4 . para. 5 . para. 6 . para. 7 . para. 8 . para. 9 . para. 10 . para. 11 . para. 12 . para. 13 . para. 14 . Schedule 10 para. 1 . . Civil Jurisdiction and Judgments Act 1982 Page 160 para. 2 . para. 3 . para. 4 . para. 5 . Schedule 11 . Part I . para. 1 . para. 2 . para. 3 . para. 4 . Part II . para. 5 . para. 6 . para. 7 . Part III . para. 8 . para. 9 . para. 10 . para. 11 . para. 12 . para. 13 . para. 14 . para. 15 . para. 16 . para. 17 . para. 18 . Schedule 12 . Part I . para. 1 . para. 2 . para. 3 . para. 4 . para. 5 . para. 6 . para. 7 . para. 8 . Part II . para. 1 . para. 2 . Civil Jurisdiction and Judgments Act 1982 Page 161 para. 3 . para. 4 . Part III . para. 1 . para. 2 . para. 3 . para. 4 . para. 5 . Schedule 13 COMMENCEMENT, TRANSITIONAL PROVISIONS AND SAVINGS. Part I COMMENCEMENT . Provisions coming into force on Royal Assent . para. 1 Provisions coming into force six weeks after Royal Assent para. 2 Provisions coming into force on a day to be appointed para. 3 Part II TRANSITIONAL PROVISIONS AND SAVINGS Section 16 and Schedule 4 para. 1 Section 18 and Schedule 6 and associated repeals para. 2 Section 18 and Schedule 7 para. 3 Section 19 para. 4 Section 20 and Schedule 8 para. 5 Section 26 para. 6 Section 31 para. 7 Section 32 and associated repeal. para. 8 Section 33 and associated repeal. para. 9 Section 34 para. 10 Schedule 14 Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Jurisdiction and Judgments Table of Contents Act 1982 Page 162 .

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?