Civil Jurisdiction and Judgments Act 1982 (UK)

Product Information

AN ACT TO CONSOLIDATE THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACTS, 1988 AND 1993, TO GIVE THE FORCE OF LAW TO THE CONVENTION SIGNED AT BRUSSELS ON THE 29TH DAY OF NOVEMBER, 1996 ON THE ACCESSION OF THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS AND TO THE PROTOCOL ON ITS INTERPRETATION BY THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES WITH THE ADJUSTMENTS MADE TO THEM BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF DENMARK, OF IRELAND AND OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, BY THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC AND BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND TO PROVIDE FOR RELATED MATTERS. Quoting Equitable Remedies, 9th ed (2014), Lord Leggatt observed that, subject to any statutory restrictions, the powers of courts with equitable jurisdiction to grant injunctions on the basis of what is "just and convenient" are effectively unlimited and should adopt the application of new practices where appropriate. The Court of Appeal put it no higher than that there needs to be “grounds for believing” that the respondents had assets. However, in the majority of cases the English courts will look to ensure that the applicable law is the law of England and Wales. The claim form and other documentation is provided to the authorities of the transmitting country who then submit that to the authorities in the receiving country who serve the document and provide a certificate of service.

RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. EU Exit) Regulations 2018 (SI 2018/1311), were amended with effect from 11pm on 31 December 2020 to ensure in particular that their provisions are consistent with Title VI of the Withdrawal Agreement. Whatever your industry or situation, we relish change, thrive on solutions and love building long-term relationships with our clients. Access options Get access to the full version of this content by using one of the access options below.To that I have no objection and practitioners and those who have to apply these measures will welcome it.

The convention was drawn up originally between the six member states of the European Community with a view to simplifying the formalities governing the recriprocal recognition and enforcement of judgments of courts or tribunals as between parties to the convention.In fact, as I understand it, it simply proposes an amendment to the 1982 Act, long awaited by those who want to pursue defaulting Greek debtors. It is usually obtained where a party knows that wrongdoing has taken place against it but does not know the identity of the wrongdoer or lacks information to plead a claim, yet can identify a third party who has this information. They also revoked the Brussels Ia Regulation and its predecessors as they applied in the UK and extinguished the effect of the Lugano Convention 2007 and the EU-Denmark Agreement in the UK. I regret that I am not in a position to give either the noble and learned Lord or the noble Lord who have participated in this brief debate any precise figures on the number of occasions on which the convention has been used. In making the application, the jurisdiction of the court to hear and decide the claim must be established.

That is explained by the convenience of putting together in one instrument a number of related conventions.The contracting states to the Brussels Convention in 1982 were the then members of the European Economic Community (now the European Union). Although section 25 of the Civil Jurisdiction and Judgments Act 1982 already gives English courts the power to grant injunctive relief in support of foreign jurisdictions (in conjunction with specific gateway for service of such claims under CPR PD 6B 3. RAKIA put its then CEO, Dr Khater Massaad, in charge of these plans who in turn appointed Mr Gela Mikadze to develop these opportunities. Working remotely outside the UK—considerations for UK employersEmployers are receiving more requests from employee to work from home.

for non-contractual obligations, Regulation (EC) No 864/2007 (the Rome II Regulation) applies to events giving rise to damage which occurs after 11 January 2009. Sentencing for rapeThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific sentencing guidelines for use in the magistrates’ court and the Crown Court. Prior to Brexit, a claimant in a civil or commercial matter did not require the English court’s permission to serve the claim on a defendant located in an EU member state or in Denmark, Iceland, Norway or Switzerland (CPR Rule 6.

I confirm I am a lawyer or work in a legal capacity, intend to use LexisNexis products for business purposes and agree with the terms and conditions. The amended 2019 Regulations also include savings provisions that have the effect of preserving the 2007 Lugano Convention (and the 1968 Brussels Convention) for cases that were ongoing at the end of the transition period.