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)
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
.
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