Quality assurance of pharmaceuticals: meeting a major public health challenge
In this Act—
In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles 4 and 5(5).
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the deposit of each instrument of ratification;
the date of entry into force of this Protocol;
any designation received pursuant to Article 4(3);
any declaration received pursuant to Article 6.
“defendant” includes defender.
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The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representativead litem.
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references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention; and
any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention, and any reference to a sub-division of a numbered Article shall be construed accordingly.
In this Act—
one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands); or
one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom),
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The Conventions shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.
For convenience of reference there are set out in Schedules 1, 2 and 3 respectively the English texts of— being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention.
the 1968 Convention as amended by Titles II and III of the Accession Convention;
the 1971 Protocol as amended by Title IV of the Accession Convention ; and
Titles V and VI of the Accession Convention (transitional and final provisions),
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Any question as to the meaning or effect of any provision of the Conventions shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.
Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.
Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely— may be considered in ascertaining the meaning or effect of any provision of the Conventions and shall be given such weight as is appropriate in the circumstances.
the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and
the report by Professor Peter Schlosser on the Accession Convention,
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The 1996 Hague Convention shall have the force of law in the United Kingdom.
For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—
the declaration under Article 29 of the Convention, concerning applicable territorial units;
the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;
the declaration under Article 54 of the Convention, concerning the use of French.
For convenience of reference there are set out in Schedules 3D and 3E respectively—
the English text of the 1996 Hague Convention;
the declarations referred to in subsection (2).
The 2005 Hague Convention shall have the force of law in the United Kingdom.
For the purposes of this Act the 2005 Hague Convention is to be read together with the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts.
For convenience of reference there are set out in Schedules 3F and 3FA respectively—
the English text of the 2005 Hague Convention;
the declarations referred to in subsection (2).
The 2007 Hague Convention shall have the force of law in the United Kingdom.
For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—
the declaration under Article 2(3) of the Convention, concerning spousal support;
the reservation under Article 44(3) of the Convention, concerning the use of French;
the declaration under Article 11(1)(g) of the Convention, concerning application contents;
the unilateral declaration concerning the application of the Convention.
For convenience of reference there are set out in Schedules 3G and 3GA respectively—
the English text of the 2007 Hague Convention;
the reservations and declarations referred to in subsection (2).
The 2019 Hague Convention shall have the force of law in the United Kingdom.
For convenience of reference the English text of the 2019 Hague Convention is set out in Schedule 3H.
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A judgment, other than a maintenance order, which is the subject of an application under Article 31 for its enforcement in any part of the United Kingdom shall, to the extent that its enforcement is authorised by the appropriate court, be registered in the prescribed manner in that court. In this subsection " the appropriate court " means the court to which the application is made in pursuance of Article 32 (that is to say, the High Court or the Court of Session).
Where a judgment is registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.
A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.
Subsection (3) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under this section may be enforced.
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The function of transmitting to the appropriate court an application under Article 31 for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged— In this subsection "the appropriate court" means the magistrates' court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32.
as respects England and Wales and Scotland, by the Secretary of State;
as respects Northern Ireland, by the Lord Chancellor.
Such an application shall be determined in the first instance by the prescribed officer of that court.
Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.
A maintenance order registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been originally made by the registering court.
Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.
A maintenance order which by virtue of this section is enforceable by a magistrates' court in England and Wales or Northern Ireland shall be enforceable in the same manner as an affiliation order made by that court.
The payer under a maintenance order registered under this section in a magistrates' court in England and Wales or Northern Ireland shall give notice of any change of address to the clerk of that court. A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.
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The single further appeal on a point of law referred to in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a judgment other than a maintenance order lies—
in England and Wales or Northern Ireland, to the Court of Appeal or to the House of Lords in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the House of Lords);
in Scotland, to the Inner House of the Court of Session.
Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the House of Lords in cases where no appeal to that House lies from a decision of the Court of Appeal).
The single further appeal on a point of law referred to in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a maintenance order lies—
in England and Wales, to the High Court by way of case stated in accordance with section 111 of the Magistrates' Courts Act 1980;
in Scotland, to the Inner House of the Court of Session ;
in Northern Ireland, to the Court of Appeal.
Any interested party seeking recognition or enforcement of a judgment under the 2005 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.
In subsection (1) “the appropriate court” means—
in England and Wales or Northern Ireland, the High Court;
in Scotland, the Court of Session.
On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2005 Hague Convention applies, if the court considers that—
the requirements of Article 13 of the 2005 Hague Convention have been met, and
the judgment—
meets the condition in Article 8(3) of the 2005 Hague Convention, and
otherwise meets the requirements for recognition or enforcement under the 2005 Hague Convention.
The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.
Where a judgment ... has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.
A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.
Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.
... Where in connection with an application for registration of a judgment under section ... 4B... , 4C, 6B or 6C the applicant shows— the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, ... from the registration of the judgment shall carry interest in accordance with the registered particulars.
that the judgment provides for the payment of a sum of money; and
that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,
Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.
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... Debts under judgments registered under section ... 4B... , 4C, 6B or 6C shall carry interest only as provided by this section.
Any interested party seeking recognition or enforcement of a judgment under the 2019 Hague Convention in any part of the United Kingdom must apply to the appropriate court in the prescribed manner for the judgment to be registered.
In subsection (1) “the appropriate court” means—
in England and Wales or Northern Ireland, the High Court;
in Scotland, the Court of Session.
On an application under subsection (1), the court must register the judgment in the prescribed manner, without delay and without any review of whether a ground for refusal under the 2019 Hague Convention applies, if the court considers that—
the requirements of Article 12 of the 2019 Hague Convention have been met, and
the judgment—
meets the condition in Article 4(3) of the 2019 Hague Convention,
meets at least one of the requirements of Articles 5 or 6 of the 2019 Hague Convention, and
otherwise meets the requirements for recognition or enforcement under the 2019 Hague Convention.
The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.
Where a judgment has been registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.
A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.
Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2019 Hague Convention may be enforced.
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Sums payable in the United Kingdom under a maintenance order by virtue of its registration under section 5, including any arrears so payable, shall be paid in the currency of the United Kingdom.
Where the order is expressed in any other currency, the amounts shall be converted on the basis of the exchange rate prevailing on the date of registration of the order.
For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be evidence, and in Scotland sufficient evidence, of the facts stated.
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Either party may apply to set aside the decision on an application under section 4B(1).
An application under subsection (1) must be made—
in England and Wales or Northern Ireland, to the High Court;
in Scotland, to the Court of Session.
Where an application under subsection (1) is brought against a decision to register a judgment, the court—
must set aside the decision and refuse to register the judgment if it is satisfied that—
the condition in Article 8(3) of the 2005 Hague Convention is not met, or
the judgment otherwise does not meet the requirements of the 2005 Hague Convention;
may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies.
Where an application under subsection (1) is brought against a decision not to register a judgment, the court—
must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—
the condition in Article 8(3) of the 2005 Hague Convention is met,
the judgment otherwise meets the requirements of the 2005 Hague Convention, and
none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies;
may set aside the decision and register the judgment in the prescribed manner if it is satisfied that— or otherwise considers that it is appropriate to do so.
the condition in paragraph (a)(i) is met,
the requirements referred to in paragraph (a)(ii) are met, and
one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2005 Hague Convention applies, but that the judgment should nonetheless be registered,
Section 4B(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4B.
Either party may apply to set aside a decision on an application under section 4C(1).
An application under subsection (1) must be made—
in England and Wales or Northern Ireland, to the High Court;
in Scotland, to the Court of Session.
Where an application under subsection (1) is brought against a decision to register a judgment, the court—
must set aside the decision and refuse to register the judgment if it is satisfied that—
the condition in Article 4(3) of the 2019 Hague Convention is not met,
none of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met, or
the judgment otherwise does not meet the requirements of the 2019 Hague Convention;
may set aside the decision and refuse to register the judgment if it is satisfied that one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies.
Where an application under subsection (1) is brought against a decision not to register a judgment, the court—
must set aside the decision and register the judgment in the prescribed manner if it is satisfied that—
the condition in Article 4(3) of the 2019 Hague Convention is met,
at least one of the requirements specified in Articles 5 or 6 of the 2019 Hague Convention is met,
the judgment otherwise meets the requirements of the 2019 Hague Convention, and
none of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies;
may set aside the decision and register the judgment in the prescribed manner if it is satisfied that— or otherwise considers that it is appropriate to do so.
the condition in paragraph (a)(i) is met,
the requirements referred to in sub-paragraphs (ii) and (iii) of paragraph (a) are met, and
one or more of the grounds for refusal or postponement of recognition or enforcement of a judgment specified in the 2019 Hague Convention applies, but that the judgment should nonetheless be registered,
Section 4C(5) and (6) apply in relation to registration under this section as they apply in relation to registration under section 4C.
... Article 26 of the 2005 Hague Convention and Article 23 of the 2019 Hague Convention (which make provision for the relationship between those Conventions and other conventions to which Contracting States are or may become parties) shall have effect in relation to— as they have effect in relation to that other convention itself.
any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and
any rule of law so far as it has the effect of so implementing any such other convention,
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The provisions of this section have effect for the purpose of allocating within the United Kingdom jurisdiction in certain proceedings in respect of which the 1968 Convention confers jurisdiction on the courts of the United Kingdom generally and to which section 16 does not apply.
Any proceedings which by virtue of Article 5(6) (trusts) are brought in the United Kingdom shall be brought in the courts of the part of the United Kingdom in which the trust is domiciled.
Any proceedings which by virtue of the first paragraph of Article 14 (consumer contracts) are brought in the United Kingdom by a consumer on the ground that he is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.
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For the purposes of the 1968 Convention—
a document, duly authenticated, which purports to be a copy of a judgment given by a court of a Contracting State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown ; and
the original or a copy of any such document as is mentioned in Article 46(2) or 47 (supporting documents to be produced by a party seeking recognition or enforcement of a judgment) shall be evidence, and in Scotland sufficient evidence, of any matter to which it relates.
A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—
to bear the seal of that court; or
to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court.
Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.
Rules of court may make provision for enabling any interested party wishing to secure under ... the 2005 Hague Convention or the 2019 Hague Convention the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—
a copy of the judgment; and
a certificate giving particulars relating to the judgment and the proceedings in which it was given.
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Her Majesty may by Order in Council provide that— shall apply, with such modifications as may be specified in the Order, in relation to documents and settlements within Title IV of the 1968 Convention (authentic instruments and court settlements enforceable in the same manner as judgments) as if they were judgments to which that Convention applies.
any provision of this Act relating to the recognition or enforcement in the United Kingdom or elsewhere of judgments to which the 1968 Convention applies ; and
any other statutory provision, whenever passed or made, so relating,
An Order in Council under this section may make different provision in relation to different descriptions of documents and settlements.
Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of the 2005 Hague Convention—
a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and
a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.
A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—
to bear the seal of that court; or
to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.
Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.
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If at any time it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom have agreed to a revision of any of the Conventions, including in particular any revision connected with the accession to the 1968 Convention of one or more further states, Her Majesty may by Order in Council make such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate in consequence of the revision.
An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
In this section " revision" means an omission from, addition to or alteration of any of the Conventions and includes replacement of any of the Conventions to any extent by another convention, protocol or other description of international agreement.
For the purposes of the 2019 Hague Convention—
a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2019 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown, and
a certificate issued by the court of the 2019 Hague Convention State of origin, in the form recommended for use under the 2019 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 12(3) of the 2019 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2019 Hague Convention State of origin.
A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—
to bear the seal of that court, or
to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.
Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.
In this Part, unless the context otherwise requires—
Moreover, a judgment shall not be recognised if it conflicts with the provisions of Section 3, 4 or 5 of Title II or in a case provided for in Article 59.
The court or courts of apart 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.
A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State shall, in another Contracting State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 31et seq. The application may be refused only if enforcement of the instrument is contrary to public policy in the State addressed.
In its examination of the grounds of jurisdiction referred to in the foregoing paragraphs, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.
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References in this Part to a judgment registered under sections ... 4B... , 4C, 6B or 6C include, to the extent of its registration, references to a judgment so registered to a limited extent only.
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The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.
The provisions set out in Schedule 4 (which contains a modified version of Chapter II of the Regulation) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where—
the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings); and
the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in Article 24 of the Regulation (exclusive jurisdiction regardless of domicile).
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modifications by way of omission are indicated by dots ; and
within each Article words resulting from modifications by way of addition or substitution are printed in heavy type.
This section and Schedule 4 do not apply for the purposes of determining jurisdiction in proceedings in relation to which section 15B, 15C or 15D(2) applies, except as specified in those sections.
In determining any question as to the meaning or effect of any provision contained in Schedule 4—
regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention or Chapter II of the Regulation and to any relevant decision of that court as to the meaning or effect of any provision of that Title or that Chapter; and
without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.
The provisions of this section and Schedule 4 shall have effect subject to ... ... ... and the 2005 Hague Convention and to the provisions of sections 15B, 15C, 15D and 17.
In section 15(1)(a) of the Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—.
The requirement in subsection (3)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.
Sections 15B to 15E make provision about the jurisdiction of courts in the United Kingdom—
in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom;
in matters relating to individual contracts of employment.
Sections 15B and 15C apply only if the subject-matter of the proceedings and the nature of the proceedings are within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings).
Sections 15B to 15E do not apply to proceedings of a description listed in Schedule 5 or to proceedings in Scotland under an enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.
This section applies in relation to proceedings whose subject-matter is a matter relating to a consumer contract where the consumer is domiciled in the United Kingdom.
The consumer may bring proceedings against the other party to the consumer contract—
where the other party to the consumer contract is domiciled in the United Kingdom, in the courts of the part of the United Kingdom in which the other party to the consumer contract is domiciled, or
in the courts for the place where the consumer is domiciled (regardless of the domicile of the other party to the consumer contract).
Proceedings may be brought against the consumer by the other party to the consumer contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.
Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).
Subsections (2) and (3) do not affect—
the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,
the operation of rule 3(e) or (h)(ii) of Schedule 4, or
the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.
Subsections (2) and (3) may be departed from only by an agreement—
which is entered into after the dispute has arisen,
which allows the consumer to bring proceedings in courts other than those indicated in this section, or
which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the United Kingdom and in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part of the United Kingdom, provided that such an agreement is not contrary to the law of that part of the United Kingdom.
For the purposes of this section, where a consumer enters into a consumer contract with a party who is not domiciled in the United Kingdom, the other party to the contract is deemed to be domiciled in a particular part of the United Kingdom if that party has a branch, agency or establishment in that part of the United Kingdom and the dispute arose out of the operations of that branch, agency or establishment.
This section applies in relation to proceedings whose subject-matter is a matter relating to an individual contract of employment.
The employer may be sued by the employee—
where the employer is domiciled in the United Kingdom, in the courts for the part of the United Kingdom in which the employer is domiciled,
in the courts for the place in the United Kingdom where or from where the employee habitually carries out the employee's work or last did so (regardless of the domicile of the employer), or
if the employee does not or did not habitually carry out the employee's work in any one part of the United Kingdom or any one overseas country, in the courts for the place in the United Kingdom where the business which engaged the employee is or was situated (regardless of the domicile of the employer).
If the employee is domiciled in the United Kingdom, the employer may only sue the employee in the part of the United Kingdom in which the employee is domiciled (regardless of the domicile of the employer).
Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).
Subsections (2) and (3) do not affect—
the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,
the operation of rule 3(e) of Schedule 4,
the operation of rule 5(a) of Schedule 4 so far as it permits an employer to be sued by an employee, or
the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.
Subsections (2) and (3) may be departed from only by an agreement which—
is entered into after the dispute has arisen, or
allows the employee to bring proceedings in courts other than those indicated in this section.
For the purposes of this section, where an employee enters into an individual contract of employment with an employer who is not domiciled in the United Kingdom, the employer is deemed to be domiciled in the relevant part of the United Kingdom if the employer has a branch, agency or other establishment in that part of the United Kingdom and the dispute arose from the operation of that branch, agency or establishment.
Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of section 15B(6) or 15C(6).
Even if it would not otherwise have jurisdiction under section 15B or 15C, a court of a part of the United Kingdom before which a defendant enters an appearance has jurisdiction in those proceedings.
Subsection (2) does not apply where —
appearance was entered to contest the jurisdiction, or
another court in the United Kingdom has exclusive jurisdiction by virtue of rule 11 of Schedule 4.
Subsection (2) does not apply if the defendant is the consumer or employee in relation to the subject-matter of the proceedings, unless the defendant is informed by the court of—
the defendant's right to contest the jurisdiction, and
the consequences of entering or not entering an appearance.
Subsection (6) applies where—
a defendant domiciled in the United Kingdom is sued in a court of a part of the United Kingdom other than the part in which the defendant is domiciled and does not enter an appearance, and
the subject-matter of the proceedings is a matter in relation to which section 15B or 15C applies.
The court must—
declare of its own motion that it has no jurisdiction, unless it has jurisdiction by virtue of section 15B or 15C or a rule referred to in section 15B(4) or (5) or 15C(4) or (5);
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 the defendant to arrange for the defendant's defence, or
all necessary steps have been taken to this end.
Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, by virtue of section 15B or 15C or this section, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.
In sections 15A to 15D and this section—
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In determining any question as to the meaning or effect of any provision contained in sections 15A to 15D and this section—
regard is to be had to any relevant principles laid down before IP completion day by the European Court in connection with Title II of the 1968 Convention or Chapter 2 of the Regulation and to any relevant decision of that court before IP completion day as to the meaning or effect of any provision of that Title or Chapter, and
without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and are, so far as relevant, to be given such weight as is appropriate in the circumstances.
Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.
Her Majesty may by Order in Council—
add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and
remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection).
An Order in Council under subsection (2)—
may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and
may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.
An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
In relation to any judgment to which this section applies—
Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and
Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.
In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)— and, subject to the following provisions of this section, this section applies to all such judgments.
any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;
any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or the county court;
any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;
any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;
an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;
an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation ... within the meaning given by section 341 of that Act or an unexplained wealth order made under that Part (see sections 362A and 396A of that Act);
an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation , a detained property investigation , a frozen funds investigation or a cryptoasset investigation within the meanings given by section 341 of that Act;
Subject to subsections (4) , (4ZA) and (4ZB), this section does not apply to—
a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;
a judgment given in proceedings other than civil proceedings;
a judgment given in proceedings relating to—
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the winding up of a corporation or association ; or
the obtaining of title to administer the estate of a deceased person;
a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section 426 of the Insolvency Act 1986;
an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).
This section applies, whatever the nature of the proceedings in which it is made, to—
a decree issued under section 13 of the Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);
an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the Contempt of Court Act 1981 or section 140 of the Senior Courts Act 1981 (which relate to fines for contempt of court and forfeiture of recognisances).
This section does not apply to so much of any judgment as— and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.
is an order to which section 16 of the Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);
concerns the status or legal capacity of an individual;
relates to the management of the affairs of a person not capable of managing his own affairs;
is a provisional (including protective) measure other than an order of any of the following kinds—
a freezing order of the kind mentioned in paragraph (a) , (ba) , (c) or (da) of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland);
an order for the making of an interim payment;
an interim order made in connection with the civil recovery of proceeds of unlawful conduct;
an interim freezing order under section 362J of the Proceeds of Crime Act 2002;
an interim freezing order under section 396J of that Act.
This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.
The following are within subsection (5)(b), but without prejudice to the generality of that provision—
a judicial separation order or a decree of judicial separation or of separation;
any order which is a Part I order for the purposes of The Family Law Act 1986.
This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland—
an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002;
an order for the forfeiture of money made under section 303Z14 of that Act;
a crypto wallet freezing order made under section 303Z37 of that Act;
an order for the forfeiture of cryptoassets made under section 303Z41 or 303Z45 of that Act;
an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;
an order for the forfeiture of money made under paragraph 10Z2 of that Schedule.
a crypto wallet freezing order made under paragraph 10Z7BB of that Schedule;
an order for the forfeiture of cryptoassets made under paragraph 10Z7CA or 10Z7CE of that Schedule.
This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 , the International Recovery of Maintenance (Hague Convention 2007) Regulations 2012 ... ... , or section 4B, 4C, 6B or 6C of this Act.
This section does not apply as respects—
the enforcement in Scotland of orders made by the High Court or the county court in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or
the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of the Proceeds of Crime (Scotland) Act 1995
A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.
In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful conduct” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002—
a property freezing order or prohibitory property order;
an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order);
an interim receiving order or interim administration order.
an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order).
A judgment to which this section applies given in one part of the United Kingdom shall not be refused recognition in another part of the United Kingdom solely on the ground that, in relation to that judgment, the court which gave it was not a court of competent jurisdiction according to the rules of private international law in force in that other part.
Subject to subsection (3), this section applies to any judgment to which section 18 applies.
This section does not apply to—
the documents mentioned in paragraph (c) of the definition of “judgment” in section 18(2);
the awards and orders mentioned in paragraphs (d) and (e) of that definition;
the decrees and orders referred to in section 18(4).
Subject to ... Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.
Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.
Section 43 of the Courts Reform (Scotland) Act 2014 does not apply—
...in relation to any matter to which Schedule 8 applies....
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words resulting from modifications of Tide II of the 1968 Convention, by way of addition or substitution, and provisions not derived from that Tide are printed in heavy type; and
the marginal notes show, where appropriate, of which provision of Title II a provision of Schedule 8 is a modified version.
In determining any question as to the meaning or effect of any provision contained in Schedule 8 . . .—
regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention or Chapter II of the Regulation and to any relevant decision of that court as to the meaning or effect of any provision of that Title or that Chapter; and
without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.
The requirement in subsection (5)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.
Schedule 8 does not affect—
the operation of any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds;
without prejudice to the foregoing generality, the jurisdiction of any court in respect of any matter mentioned in Schedule 9.
Her Majesty may by Order in Council—
add to the list in Schedule 9 any description of proceedings; and
remove from that list any description of proceedings (whether included in the list as originally enacted or added by virtue of this subsection).
An Order in Council under subsection (2) may—
make different provision for different descriptions of proceedings or for the same description of proceedings in different courts; and
contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.
An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground offorum non conveniens.
Nothing in Schedule 8 affects the operation of any enactment or rule of law under which a court may decline to exercise jurisdiction because of the prorogation by parties of the jurisdiction of another court.
For the avoidance of doubt, it is declared that nothing in Schedule 8 affects thenobile officium of the Court of Session.
Where a court has jurisdiction in any proceedings by virtue of Schedule 8, that court shall also have jurisdiction to determine any matter which—
is ancilliary or incidental to the proceedings; or
requires to be determined for the purposes of a decision in the proceedings.
Nothing in Schedule 8 shall affect—
the power of any court to vary or recall a maintenance order granted by that court;
the power of a sheriff court under section 22 of the Maintenance Orders Act 1950 (discharge and variation of maintenance orders registered in sheriff courts) to vary or discharge a maintenance order registered in that court under Part II of that Act; or
the power of a sheriff court under section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of maintenance orders registered in United Kingdom courts) to vary or revoke a registered order within the meaning of Part I of that Act.
The enactments specified in Part II of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on Schedule 8.
Any power of a court in England and Wales or Northern Ireland to grant interim relief pending trial or pending the determination of an appeal shall extend to a case where—
the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; ...
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Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where—
the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them; ...
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Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section.
The High Court in England and Wales or Northern Ireland shall have power to grant interim relief where—
proceedings have been or are to be commenced in ... a 2005 Hague Convention State ... ... other than the United Kingdom or in a part of the United Kingdom other than that in which the High Court in question exercises jurisdiction; and
they are or will be proceedings whose subject-matter is ... ... ... within scope of the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention (whether or not ...... ... the 2005 Hague Convention has effect in relation to the proceedings).
On an application for any interim relief under subsection (1) the court may refuse to grant that relief if, in the opinion of the court, the fact that the court has no jurisdiction apart from this section in relation to the subject-matter of the proceedings in question makes it inexpedient for the court to grant it.
Her Majesty may by Order in Council extend the power to grant interim relief conferred by subsection (1) so as to make it exercisable in relation to proceedings of any of the following descriptions, namely—
proceedings commenced or to be commenced otherwise than in ... a 2005 Hague Convention State ... ...;
proceedings whose subject-matter is not within the scope . . . of ... ..., ... the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention.
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An Order in Council under subsection (3)—
may confer power to grant only specified descriptions of interim relief;
may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and
may impose conditions or restrictions on the exercise of any power conferred by the Order.
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Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “interim relief”, in relation to the High Court in England and Wales or Northern Ireland, means interim relief of any kind which that court has power to grant in proceedings relating to matters within its jurisdiction, other than—
a warrant for the arrest of property; or
provision for obtaining evidence.
Where in England and Wales or Northern Ireland a court stays or dismisses Admiralty proceedings on the ground that the dispute in question should be submitted . . . to the determination of the courts of another part of the United Kingdom or of an overseas country, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—
order that the property arrested be retained as security for the satisfaction of any award or judgment which—
is given in respect of the dispute in the . . . legal proceedings in favour of which those proceedings are stayed or dismissed; and
is enforceable in England and Wales or, as the case may be, in Northern Ireland; or
order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award or judgment.
Where a court makes an order under subsection (1), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant . . . legal proceedings.
Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order made by a court under subsection (1) as would apply if it were held for the purposes of proceedings in that court.
The Court of Session may, in any case to which this subsection applies—
subject to subsection (2)(c), grant a warrant for the arrestment of any assets situated in Scotland;
subject to subsection (2)(c), grant a warrant of inhibition over any property situated in Scotland;
grant interim interdict.
subject to subsection (2)(c) below, grant a warrant for the interim attachment of corporeal moveable property situated in Scotland; and
Subsection (1) applies to any case in which— but it shall not be necessary, in determining whether proceedings have been commenced for the purpose of paragraph (a) of this subsection, to show that any document has been served on or notice given to the defender.
proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, ... ... , in another 2005 Hague Convention State or in England and Wales or Northern Ireland;
the subject-matter of the proceedings ... is within scope of...is within the scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention; and
in relation to paragraphs (a) , (b) and (ba) of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court;
Her Majesty may by Order in Council confer on the Court of Session power to do anything mentioned in subsection (1) or in section 28 in relation to proceedings of any of the following descriptions, namely—
proceedings commenced otherwise than in ... ... a 2005 Hague Convention State;
proceedings whose subject-matter is not within the scope of ... ... the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention;
arbitration proceedings;
in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in ..., ...or a 2005 Hague Convention State.
An Order in Council under subsection (3)—
may confer power to do only certain of the things mentioned in subsection (1) or in section 28;
may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and
may impose conditions or restrictions on the exercise of any power conferred by the Order.
Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
When any proceedings have been brought, or are likely to be brought, ... in a 2005 Hague Convention State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the Regulation as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as if the proceedings in question had been brought, or were likely to be brought, in that court.
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The County Court Rules Committee established by Article 46 of the County Courts (Northern Ireland) Order 1980 may make county court rules with respect to the service of process outside Northern Ireland and the conditions subject to which process may be so served; and accordingly in Article 48 of that Order (powers of Rules Committee), after paragraph (e) there shall be added—.
The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property.
Subsection (1) has effect subject to ... the provisions set out in Schedule 4.
A judgement given by a court of an overseas country against a state other than the United Kingdom or the state to which that court belongs shall be recognised and enforced in the United Kingdom if, and only if—
it would be so recognised and enforced if it had not been given against a state; and
that court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the United Kingdom in accordance with sections 2 to 11 of the State Immunity Act 1978.
References in subsection (1) to a judgment given against a state include references to judgments of any of the following descriptions given in relation to a state—
judgments against the government, or a department of the government, of the state but not (except as mentioned in paragraph (c)) judgments against an entity which is distinct from the executive organs of government;
judgments against the sovereign or head of state in his public capacity;
judgments against any such separate entity as is mentioned in paragraph (a) given in proceedings relating to anything done by it in the exercise of the sovereign authority of the state.
Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the Carriage of Goods by Road Act 1965, section 17(4) of the Nuclear Installations Act 1965, section 166(4) of the Merchant Shipping Act 1995, regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005. . . .
Sections 12, 13 and 14(3) and (4) of the State Immunity Act 1978 (service of process and procedural privileges) shall apply to proceedings for the recognition or enforcement in the United Kingdom of a judgment given by a court of an overseas country (whether or not that judgment is within subsection (1) of this section) as they apply to other proceedings.
In this section “state", in the case of a federal state, includes any of its constituent territories.
Subject to the following provisions of this section, a judgment given by a court of an overseas country in any proceedings shall not be recognised or enforced in the United Kingdom if—
the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and
those proceedings were not brought in that court by, or with the agreement of, the person against whom the judgment was given; and
that person did not counterclaim in the proceedings or otherwise submit to the jurisdiction of that court.
Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.
In determining whether a judgment given by a court of an overseas country should be recognised or enforced in the United Kingdom, a court in the United Kingdom shall not be bound by any decision of the overseas court relating to any of the matters mentioned in subsection (1) or (2).
Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of—
a judgment which is required to be recognised or enforced there under the 2005 Hague Convention ... ... , the 2007 Hague Convention or the 2019 Hague Convention;
a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the Carriage of Goods by Road Act 1965, section 17(4) of the Nuclear Installations Act 1965, . . . regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005. . . or section 177(4) of the Merchant Shipping Act 1995.
For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following purposes, namely—
to contest the jurisdiction of the court;
to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;
to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.
Nothing in this section shall affect the recognition or enforcement in England and Wales or Northern Ireland of a judgment which is required to be recognised or enforced there under ... ... the 2007 Hague Convention or the 2005 Hague Convention.
No proceedings may be brought by a person in England and Wales or Northern Ireland on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court in another part of the United Kingdom or in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in England and Wales or, as the case may be, in Northern Ireland.
The Foreign Judgments (Reciprocal Enforcement) Act 1933 shall have effect with the amendments specified in Schedule 10, being amendments whose main purpose is to enable Part I of that Act to be applied to judgments of courts other than superior courts, to judgments providing for interim payments and to certain arbitration awards.
For section 10 of the Administration of Justice Act 1920 (issue of certificates of judgments obtained in the United Kingdom) there shall be substituted—.
In section 14 of the Administration of Justice Act 1920 (extent of Part II of that Act), after subsection (2) there shall be inserted—.
Where— an application may be made to the original court for the registration of the order in, respectively, a court of summary jurisdiction in Northern Ireland or the Northern Ireland High Court.
a High Court order or a Court of Session order has been registered in the High Court of Justice in Northern Ireland (“the Northern Ireland High Court”) under Part II of the Maintenance Orders Act 1950; or
a family court order or a sheriff court order has been registered in a court of summary jurisdiction in Northern Ireland under that Part,
In subsection (1) “the original court”, in relation to an order, means the court by which the order was made.
Section 2 (except subsection (6A)) and section 2A of the Maintenance Orders Act 1958 shall have effect for the purposes of an application under subsection (1), and subsections (2), (3), (4) and (4A) of section 5 of that Act shall have effect for the purposes of the cancellation of a registration made on such an application, as if—
“registration” in those provisions included registration in the appropriate Northern Ireland court (“registered” being construed accordingly);
any reference in those provisions to a High Court order or a magistrates’ court order included, respectively, a Court of Session order or a sheriff court order; and
any other reference in those provisions to the High Court or a magistrates’ court included the Northern Ireland High Court or a court of summary jurisdiction in Northern Ireland;
for section 2(6), there were substituted the following subsections—
Where an order is registered in Northern Ireland under this section, Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966, except sections 11, 11A and 14(2) and (3), shall apply as if the order had been registered in accordance with the provisions of that Part , as if—
in section 12(2), for modifications of Article 98(8B) to (8D) of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in that subsection there were substituted the modifications specified in section 18(3ZA) of the Maintenance Orders Act 1950 (enforcement of registered orders); and
for section 13(5A), there were substituted the following subsection—.
A court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear an application by or against a person residing outside Northern Ireland for the discharge or variation of an order registered in Northern Ireland under this section; and where such an application is made against a person residing outside Northern Ireland, then, if he resides in England and Wales or Scotland, section 15 of the Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the application as it has effect in relation to the proceedings therein mentioned.
The enactments specified in Part III of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this section.
Article 165 of the Children (Northern Ireland) Order 1995 (provision which may be made by magistrates’ courts rules, etc.) shall apply for the purpose of giving effect to subsection (5) above as it applies for the purpose of giving effect to that Order, except that in the application of that Article by virtue of this subsection “relevant proceedings” means any application made, or proceedings brought, by virtue of that subsection and any part of such proceedings.
The enactments specified in Schedule 11 shall have effect with the amendments specified there, being amendments whose main purpose is as follows— Part I—to extend certain enforcement provisions to lump sum maintenance orders; Part II—to provide for the recovery of interest according to the law of the country of origin in the case of maintenance orders made in other jurisdictions and registered in the High Court; Part III—to extend the Maintenance Orders (Reciprocal Enforcement) Act 1972 to cases where the payer under a maintenance order is not resident within the jurisdiction but has assets there.
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Section 7 of the Protection of Trading Interests Act 1980 (which enables provision to be made by Order in Council for the enforcement in the United Kingdom on a reciprocal basis of overseas judgments directed to counteracting a judgement for multiple dammages given in the third country) shall be amended as follows.
In subsection (1) for “judgements given under any provision of the law of that country corresponding to that section” there shall be substituted “ judgments of any description specified in the Order which are given under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to a judgement for multiple damages within the meaning of section 5(3) above, whether or not that provision corresponds to section 6 above ”.
After subsection (1) there shall be inserted—.
Her Majesty may by Order in Council make provision corresponding to the provision made by the 1968 Convention as between the Contracting States to that Convention, with such modifications as appear to Her Majesty to be appropriate, for regulating, as between the United Kingdom and any of the territories mentioned in subsection (2), the jurisdiction of courts and the recognition and enforcement of judgments.
The territories referred to in subsection (1) are—
the Isle of Man;
any of the Channel Islands;
Gibraltar;
Gibraltar;
the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960).
any colony.
An Order in Council under this section may contain such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient, including in particular provisions corresponding to or applying any of the provisions of Part I with such modifications as may be specified in the Order.
Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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... The following provisions of this section determine, for the purposes of ...this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom ....
An individual is domiciled in the United Kingdom if and only if—
he is resident in the United Kingdom; and
the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.
Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—
he is resident in that part; and
the nature and circumstances of his residence indicate that he has a substantial connection with that part.
An individual is domiciled in a particular place in the United Kingdom if and only if he—
is domiciled in the part of the United Kingdom in which that place is situated; and
is resident in that place.
An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.
In the case of an individual who— the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.
is resident in the United Kingdom, or in a particular part of the United Kingdom; and
has been so resident for the last three months or more,
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he is resident in that state ; and
the nature and circumstances of his residence indicate that he has a substantial connection with that state.
For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.
The following provisions of this section determine where a corporation or association has its seat—
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for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and (c).
A corporation or association has its seat in the United Kingdom if and only if—
it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or
its central management and control is exercised in the United Kingdom.
A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—
it has its registered office or some other official address in that part; or
its central management and control is exercised in that part; or
it has a place of business in that part.
A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and—
it has its registered office or some other official address in that place; or
its central management and control is exercised in that place; or
it has a place of business in that place.
For the purposes of sections 15A to 15E and rules 1, 2, 3, 5, 11(a)(ii) and 15(1) in Schedule 4, the requirement in subsection (4) that a corporation or association has its seat in the United Kingdom is to be treated as satisfied if the corporation or association satisfies the requirement in section 42A(2) for having its domicile in the United Kingdom.
... A corporation or association has its seat in a state other than the United Kingdom if and only if—
it was incorporated or formed under the law of that state and has its registered office or some other official address there; or
its central management and control is exercised in that state.
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In this section—
In matters relating to maintenance, the expression “court” includes the Danish, Icelandic and Norwegian administrative authorities.
Where by virtue of thisTitle a court of apart 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 thatpart, shall also have jurisdiction over claims for limitation of such liability.
Subsections (1), (3) and (6) are subject to section 42A.
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The following provisions of this section determine where a corporation or association has its seat for the purposes of—
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rules 4 and 11(b) in Schedule 4; and
rules 2(l) and 5(1)(b) in Schedule 8.
A corporation or association has its seat in the United Kingdom if and only if—
it was incorporated or formed under the law of a part of the United Kingdom; or
its central management and control is exercised in the United Kingdom.
A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—
subject to subsection (5), it was incorporated or formed under the law of that part; or
being incorporated or formed under the law of a state other than the United Kingdom, its central management and control is exercised in that part.
A corporation or association has its seat in a particular place in Scotland if and only if it has its seat in Scotland and—
it has its registered office or some other official address in that place; or
it has no registered office or other official address in Scotland, but its central management and control is exercised in that place.
A corporation or association incorporated or formed under— shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.
an enactment forming part of the law of more than one part of the United Kingdom; or
an instrument having effect in the domestic law of more than one part of the United Kingdom,
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it was incorporated or formed under the law of that state; or
its central management and control is exercised in that state.
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it has its seat in the United Kingdom by virtue of subsection (2) (a); or
it is shown that the courts of that other state would not regard it for the purposes of Article 16(2) as having its seat there.
In this section “official address” has the same meaning as in section 42.
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This section applies to—
proceedings within Section 3 of Title II of the 1968 Convention (insurance contracts), and
proceedings within Section 4 of that Title (consumer contracts).
A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the 1968 Convention to be domiciled in the United Kingdom by virtue of— shall, for the purposes of those proceedings, be treated for the purposes of this Act as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.
Article 8, second paragraph (insurers); or
Article 13, second paragraph (suppliers of goods, services or credit to consumers),
This section determines whether a corporation or association is domiciled in the United Kingdom for the purposes of—
sections 15A to 15E, and
section 16(1)(b).
A corporation or association has its domicile in the United Kingdom if and only if—
its registered office is at a place in the United Kingdom,
its place of incorporation is in the United Kingdom (in a case where it has no registered office),
the place under the law of which its formation took place is a place in the United Kingdom (in a case where it has no registered office or place of incorporation),
its central administration is in the United Kingdom, or
its principal place of business is in the United Kingdom.
The following provisions of this section determine, for the purposes of ... this Act, where a trust is domiciled.
A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.
A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.
For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.
The following provisions of this section determine where the Crown has its seat—
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for the purposes of this Act.
Subject to the provisions of any Order in Council for the time being in force under subsection (4)—
the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom;
the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.
the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland; and
Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of ... this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.
An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.
Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in this section applies to the Crown otherwise than in right of Her Majesty’s government in the United Kingdom , the Scottish Administration or Her Majesty’s government in Northern Ireland.
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Her Majesty may by Order in Council—
make such provision as Her Majesty considers appropriate for the purpose of bringing the law of any part of the United Kingdom into accord with the Conventions as affected by any principle laid down by the European Court in connection with the Conventions or by any decision of that court as to the meaning or effect of any provision of the Conventions ; or
make such modifications of Schedule 4 or Schedule 8,or of any other statutory provision affected by any provision of either of those Schedules, as Her Majesty considers appropriate in view of any principle laid down by the European Court in connection with Title II of the 1968 Convention or of any decision of that court as to the meaning or effect of any provision of that Title.
The provision which may be made by virtue of paragraph (a) of subsection (1) includes such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate for the purpose mentioned in that paragraph.
The modifications which may be made by virtue of paragraph (b) of subsection (1) include modifications designed to produce divergence between any provision of Schedule 4 or Schedule 8 and a corresponding provision of Title II of the 1968 Convention as affected by any such principle or decision as is mentioned in that paragraph.
An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act, ... ... the 1996 Hague Convention, the 2005 Hague Convention, the 2007 Hague Convention or the 2019 Hague Convention.
Rules of court may make provision as to the manner in which and the conditions subject to which a certificate or judgment— may be enforced, including provision for enabling the court or, in Northern Ireland the Enforcement of Judgments Office, subject to any conditions specified in the rules, to give directions about such matters.
which has been registered in any court under any provision of this Act ... or the 2007 Hague Convention,
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Without prejudice to the generality of subsections (1) and (2), the power to make rules of court for the family court, the power to make rules of court for magistrates' courts in Northern Ireland, and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of ... ... , the 2007 Hague Convention and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters—
authorising the service in another ... ... 2007 Hague Convention State of process issued by or for the purposes of the family court or a magistrates’ court and the service and execution in England and Wales or Northern Ireland of process issued in another ... ... 2007 Hague Convention State;
requesting courts in other parts of the United Kingdom or in other ... ... 2007 Hague Convention States to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;
the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;
the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;
the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another ... ... 2007 Hague Convention State,, or by a judge or official of such a court, which purport—
to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or
to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or
to record information relating to the payments made under an order of that court;
the circumstances and manner in which the family court or a magistrates’ court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;
the cases and manner in which courts in other parts of the United Kingdom or in other ... ... 2007 Hague Convention States are to be informed of orders made, or other things done, by or for the purposes of the family court or a magistrates’ court;
the circumstances and manner in which the family court or a magistrates’ court may communicate for other purposes with such courts;
the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.
Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.
Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with ... the 2005 Hague Convention.
In this Act, unless the context otherwise requires—
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means a tribunal of any description other than a court of law;
“judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;
Where a court of a Contracting State is seised of a claim which is principally concerned with a matter over which the courts of another Contracting State have exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it has no jurisdiction.
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A party seeking recognition or applying for enforcement of a judgment shall produce—
" modifications " includes additions, omissions and alterations ;
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This Act binds the Court.
In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.
This Act extends to Northern Ireland.
Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say—
the Isle of Man;
any of the Channel Islands;
any colony.
the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960).
This Act shall come into force in accordance with the provisions of Part I of Schedule 13.
The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.
The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.
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The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention.
Article 1
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Article 2
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Article 3
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Article 4
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Article 5
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Article 6
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Article 7
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Article 8
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Article 9
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Article 10
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Article 11
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Article 12
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Article 13
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Article 14
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“the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague;
Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court.
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Section 2(2).
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A settlement which has been approved by a court in the course of proceedings and is enforceable in the State in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.
the deposit of each instrument of ratification,
the dates of entry into force of this Convention for the Contracting States.
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...
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.
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 of this Schedule.
A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—
in matters relating to a contract, in the courts for the place of performance of the obligation in question;
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in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;
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;
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;
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;
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— 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;
has been arrested to secure such payment; or
could have been so arrested, but bail or other security has been given;
in proceedings— in the courts of the part of the United Kingdom in which the property is situated.
concerning a debt secured on immovable property; or
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,
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 of the part of the United Kingdom in which that company, legal person or association has its seat.
A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—
where he is one of a number of defendants, 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;
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;
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;
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 of the part of the United Kingdom in which the property is situated.
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.
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The following courts shall have exclusive jurisdiction, regardless of domicile :—
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;
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 of the United Kingdom;
in proceedings which have as their object the validity of the 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;
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;
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.
If the parties have agreed that a court or the courts of a part of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have jurisdiction. 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. 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 11.
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. This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 11.
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.
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. 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.
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.
Where a defendant domiciled in onepart of the United Kingdom is sued in a court of anotherpart 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 thisTitle.
A person domiciled in apart of the United Kingdom may, in anotherpart of the United Kingdom, be sued: in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated; 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; in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurredor in the case of a threatened wrong is likely to occur; 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; 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; in his capacity as a 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 thepart of the United Kingdomin which the trust is domiciled; 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 has been arrested to secure such payment, or could have been so arrested, but bail or 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; in proceedings— concerning a debt secured on immovable property; or 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 of the part of the United Kingdom in which the property is situated.
A person domiciled in apart of the United Kingdom may,in another part of the United Kingdom, also be sued: where he is one of a number of defendants, in the courts for the place where any one of them is domiciled; 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; 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. in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of thepart of the United Kingdom in which the property is situated.
In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer", jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles . . .5(5)and (8)(b), if it is: a contract for the sale of goods on instalment credit terms or a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or any other contract for the supply of goods or a contract for the supply of services and . . .the consumer took inthe part of the United Kingdom in which he is domiciledthe steps necessary for the conclusion of the contract. . . . This Section shall not apply to contracts of transportor insurance.
The provisions of this Section may be departed from only by an agreement: which is entered into after the dispute has arisen, or which allows the consumer to bring proceedings in courts other than those indicated in this Section, or 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 samepart of the United Kingdom, and which confers jurisdiction on the courts of thatpart, provided that such an agreement is not contrary to the law of thatpart.
The following courts shall have exclusive jurisdiction, regardless of domicile: in proceedings which have as their object rightsin rem in immovable property or tenancies of immovable property, the courts of thepart of the United Kingdom in which the property is situated; 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 thepart of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the landlord and the tenant are natural persons and are domiciled in the same part of the United Kingdom; in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons . . .the courts of thepart of the United Kingdomin which the company, legal person or association has its seat; in proceedings which have as their object the validity of entries in public registers, the courts of thepart of the United Kingdomin which the register is kept; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in proceedings concerned with the enforcement of judgments, the courts of thepart of the United Kingdomin which the judgment has been or is to be enforced.
Section 17.
Proceedings for the winding up of a company under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989, or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.
Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.
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).
Proceedings on appeal from, or for review of, decisions of tribunals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 47 or 51 of the Child Care Act 1980, section 80 of the Social Work (Scotland) Act 1968 or section 156 of the Children and Young Persons Act (Northern Ireland) 1968 (contributions in respect of children in care, etc.);
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.) ;
section 43 of the National Assistance Act 1948, section 18 of the Supplementary Benefits Act 1976, 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);
section 44 of the National Assistance Act 1948, section 19 of the Supplementary Benefits Act 1976, Article 102 of the 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).
Proceedings brought in any court in pursuance of—
any statutory provision which, in the case of any convention to which the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter, implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and
any rule of law so far as it has the effect of implementing any such convention.
Proceedings in Scotland in an admiralty action where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestmentin remorad fundandam jurisdictionem of a ship, cargo or freight.
Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.
Proceedings brought in any court in pursuance of an order under section 11 of the Petroleum Act 1998.
Proceedings such as are mentioned in section 415 of the Financial Services and Markets Act 2000.
Proceedings under the Third Parties (Rights against Insurers) Act 2010.
Section 18.
In this Schedule—
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. The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—
A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—
either—
the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or
such an appeal having been brought within that time, that appeal has been finally disposed of; and
enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.
Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant a certificate in the prescribed form— More than one certificate may be issued under this Schedule (simultaneously or at different times) in respect of the same judgment.
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. 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. 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.
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. 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.
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.
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. 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. 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. Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest.
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.
Where a certificate has been registered under this Schedule, the registering court—
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;
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 subject of a judgment by another court or tribunal having jurisdiction in the matter.
Section 18.
In this Schedule—
A person domiciled in a Contracting State may also be sued:
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. The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—
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—
either—
the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or
such an appeal having been brought within that time, that appeal has been finally disposed of; and
enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.
Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant— 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. There may be issued under this Schedule (simultaneously or at different times)—
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. 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. An application under this paragraph for the registration of a judgment must be accompanied by— 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. A judgment shall not be registered under this Schedule by the superior court in any part of the United Kingdom if compliance with the non-money provisions contained in the judgment would involve a breach of the law of that part of the United Kingdom.
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 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. 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.
Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to— 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. 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.
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 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 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.
Where a judgment has been registered under this Schedule, the registering court—
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;
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.
Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.
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—
where he has no fixed residence, in a court within whose jurisdiction he is personally cited;
in matters relating to a contract, in the courts for the place of performance of the obligation in question;
in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;
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;
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 of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
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;
in the person's capacity as an executor (where confirmation has been obtained in Scotland)—
in the Court of Session, or
before a sheriff of the sheriffdom in which confirmation was obtained.
where he is not domiciled in the United Kingdom, in the courts for any place where—
any movable property belonging to him has been arrested; or
any immovable property in which he has any beneficial interest is situated;
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;
in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;
in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;
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;
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;
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;
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;
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;
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;
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;
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.
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, subject to rule 5, jurisdiction shall be determined by this rule if— 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. A consumer may bring proceedings against the other party to a contract only in— 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). 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 2(f). An employer may be sued— An employer may bring proceedings only in the courts for the place in which the employee is domiciled. 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, the original claim is pending. The provisions of this rule may be departed from only by an agreement on jurisdiction—
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:— 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 if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland. 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.
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. Such an agreement conferring jurisdiction shall be either— Any communication by electronic means which provides a durable record of the agreement shall be equivalent to “writing”. 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. 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. 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.
Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction. 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.
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.
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.
Section 21.
Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings . . . of affiliation and aliment.
Proceedings for regulating the custody of children.
Proceedings relating to guardianship of children and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.
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.
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.
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.
Admiralty actions in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.
Commissary proceedings.
Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.
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).
Proceedings brought in pursuance of an order under section 11 of the Petroleum Act 1998.
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 from or review of decisions of tribunals.
Proceedings which are not in substance proceedings in which a decree against any person is sought.
Proceedings brought in any court in pursuance of—
any statutory provision which, in the case of any convention to which the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter, implements the convention; and
any rule of law so far as it has the effect of implementing any such convention.
Section 53.
Section 1 (power to extend Part I to foreign countries giving reciprocal treatment) is amended as follows. For subsections (1) and (2) substitute—. After subsection (4) add—.
In section 9 (power to make foreign judgment unenforceable in United Kingdom if no reciprocity), in subsection (1) omit “superior” in both places where it occurs.
For section 10 (issue of certificates of judgments obtained in the United Kingdom) substitute—.
After section 10 insert—.
Section 1(1) (interpretation) is amended as follows. “Court” except in section 10 of this Act, includes a tribunal; Omit the definition of “Judgments given in the superior courts of the United Kingdom”.
Section 37(1).
In section 18(3A) of the Maintenance Orders Act 1950 (order not to be enforced by registering court under that Act if re-registred for enforcement in another court), for “whilst it is registered” substitute “ to the extent that it is for the time being registered ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows. In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”. After subsection (3) insert—.
In section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of orders), after subsection (1) insert—. In section 21 of that Act (interpretation of Part I)— for “periodical payment of sums of money” substitute “ payment of a lump sum or the making of periodical payments ”.
In section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), after subsection (1) (orders to be enforced in the same manner as orders made by the court of registration), insert—.
The Maintenance Orders Act 1958 is amended as follows. After section 2 insert—. In section 3(1) of that Act (enforcement of registered orders), after “Subject to the provisions of” insert “ section 2A of this Act and ”.
The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows. After section 11 insert—. In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”. In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.
The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.
In section 2 (transmission of United Kingdom order for enforcement in reciprocating country)—
in subsections (1) and (4), after “residing” insert “ or has assets ” ; and
in subsection (4), after “whereabouts of the payer”, in both places where it occurs, insert “ and the nature and location of his assets in that country ”.
In section 6 (registration in United Kingdom of order in reciprocating country)—
in subsection (2), after “residing” insert “ or has assets ” ; and
in subsection (4)—
after “is residing” insert “ or has assets ”;
for “so residing” substitute “ residing and has no assets in the jurisdiction of the court ”; and
at the end insert “ and the nature and location of his assets ”.
In section 8(5) (duty of magistrates’ court and its officers to take prescribed steps for enforcing registered orders), after “enforcing” insert “ or facilitating the enforcment of ”.
In section 9 (variation and revocation of orders), after subsection (1A) inserted by paragraph 4(1) of this Schedule, insert—.
Section 10 (cancellation of registration and transfer of orders) is amended as follows. In subsection (2), for “has ceased to reside within the jurisdiction of that court,” substitute “ is not residing in the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, ”. In subsection (3), after “residing” insert “ or has assets ”. In subsection (5), for “still residing” substitute “ residing or has assets ”. In subsection (6)— In subsection (7)(b), after “payer” insert “ and the nature and location of his assets ”.
In section 11(1) (steps to be taken where payer is not residing in the United Kingdom)—
before “it appears” insert “ at any time ”;
for the words from “in the United Kingdom” to “therein,” substitute “ and has no assest in the United Kingdom, ”; and
after “payer” in paragraph (c) insert “ and the nature and location of his assets ”.
In section 21(1) (interpretation of Part I), in the definition of “the appropriate court”—
after “residing”, in the first and second places where it occurs, insert “ or having assets ”;
for “the sheriff court” substitute “ a sheriff court ”; and
after “residing”, where it last occurs, insert “ or has assets ”.
In section 24 (application of Part I to certain order and proceedings under Maintenance Orders (Facilities for Enforcement) Act 1920), in paragraph (a)(i) and (ii), after “residing” insert “ or having assets ”.
In section 40 (power to apply Act with modifications by Order in Council)—
in paragraph (a), omit “against persons in that country or territory” ; and
in paragraph (b), omit “against persons in the United Kingdom”.
In section 47 (interpretation), in subsection (3) (construction of references to a courts’ jurisdiction), after “the reference is” insert “ to assets being located or ” and omit the words “or having ceased to reside”.
Sections 15(4), 23(2) and 36(6).
In section 150 of the Army Act 1955 and in section 150 of the Air Force Act 1955 (enforcement of maintenance and other orders by deduction from pay), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.
In section 101 of the Naval Discipline Act 1957 (service of process in maintenance and other proceedings), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.
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In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies), in subsections (2) and (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.
In Schedule 8 to the Administration of Justice Act 1970 (orders which are “maintenance orders” for the purposes of Part II of that Act and Part II of the Maintenance Orders Act 1958), after paragraph 12 insert—.
In Schedule 1 to the Attachment of Earnings Act 1971 (orders which are “maintenance orders” for the purposes of that Act), after paragraph 12 insert—.
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in subsection (1), after paragraph (l) insert—;
in subsection (2)(a), after " (k) " insert " and (m) ".
In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order), in paragraph (a), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders ”. In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (b) of paragraph (11), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.
In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—.
In section 15(1)(b) of the Maintenance Orders Act 1950 for the words “for separation and ailment” there shall be substituted the words “ which contains a conclusion for ailment not falling within the scope of paragraph (a)(i) above ”.
In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—. In subsections (3), (4) and (5) of that section for the words “in which the sheriff has jurisdiction by virtue of” there shall be substituted in each place where they occur the words “ referred to in ”.
In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—.
The Maintenance Orders Act 1950 is amended as follows. In section 18 (enforcement of registered orders), after subsection (3A) insert—. In section 21(2) (evidence admissible before court where order registered)— In section 24(3) (notice of cancellation of order to be given to other courts interested), after “Part I of the Maintenance Orders Act 1958” insert “ or section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.
In section 23(2) of the Maintenance Orders Act 1958 (provisions which extend to Scotland and Northern Ireland) after “section 2” insert “ section 2A ”.
The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows. At the beginning of section 9 (introductory provisions relating to registration in one court of maintenance order made by another) insert “ Without prejudice to section 36 of the Civil Jurisdiction and Judgments Act 1982 ”. In section 10 (orders to which Part II applies), after subsection (1) insert—. In section 13 (variation of orders registered in courts of summary jurisdiction), after subsection (7) insert—.
In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981, (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add " but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ".
In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981 (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add “ but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.
In Article 88 of the Magistrates' Courts (Northern Ireland) Order 1981 (definition of " domestic proceedings " for the purposes of that Order)— or under section 36 of the Civil Jurisdiction and Judgments Act 1982
In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order)— or under section 36 of the Civil Jurisdiction and Judgments Act 1982
Section 53.
The following provisions come into force on Royal Assent: Provision Subject-matter section 53(1) and Part 1 of this Schedule. Commencement. section 55 Short title.
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 given against states. section 32 Overseas judgments given in breach of agreement for settlement of disputes. section 33 Certain steps not to amount to submission to jurisdiction of overseas court. section 34 Certain judgments a bar to further proceedings on the same 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 counteracting an award of multiple damages. section 40 Power to modify enactments relating to legal aid, etc. section 49 Saving for powers to stay, sist, strike out or dismiss proceedings. section 50 Interpretation: general. section 51 Application to Crown. 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 provisions and savings. section 54 and Schedule 14 so far as relating to the repeal of provisions in section 4 of the Foreign Judgments (Reciprocal Enforcement) Act 1933. Repeals consequential on sections 32 and 33.
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. Different days may be appointed under this paragraph for different purposes.
Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section. 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 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.
In relation to a judgment a certificate whereof 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. 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. 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. In this paragraph—
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 shall not apply to judgments given before the commencement of that section.
Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.
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 bail or other security given—
before the commencement of that section to prevent the arrest of property; or
to obtain the release of property arrested before the commencement of that section; or
in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b).
Section 31 shall not apply to any judgment—
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
in respect of which proceedings at common law for its enforcement have been finally determined before that time.
Section 32 shall not apply to any judgment— 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 shall not apply to any judgment— 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 shall not apply to judgments given before the commencement of that section.
Section 54. Chapter Short Title Extent of Repeal 41 Geo. 3. c. 90. Crown Debts Act 1801. The preamble. Sections 1 to 8. 5 Geo. 4. c. 111. Crown Debts Act 1824. The whole Act. 22 & 23 Vict. c. 21. Queen’s Remembrancer Act 1859. Section 24. 31 &32 Vict. c. 54. Judgements Extension Act 1868. The whole Act. 31 & 32 Vict. c. 96. Ecclesiastical Buildings and Glebes (Scotland) Act 1868. In section 4, the words “of the county in which the parish concerned is situated” and the words from “provided” to the end. 45 & 46 Vict. c. 31. Inferior Courts Judgements Extension Act 1882. The whole Act. Edw. 7. c. 51. Sheriff Courts (Scotland) Act 1907. In section 5, the words from the first “Provided” to “that jurisdiction”. 14 & 15 Geo. 5. c. 27. Conveyancing (Scotland) Act 1924. In section 23(6) the words from “of the county” to “is situated”. 23 & 24 Geo. 5. c. 31. Foreign Judgements (Reciprocal Enforcement) Act 1933. In section 4(2)(a)(i), the words from “otherwise” to “that court”. Section 4(3)(b). In section 9(1), the word “superior” in both places where it occurs. In section 11(1), the definition of “Judgements given in the superior courts of the United Kingdom”. In section 12, in paragraph (a) the words from “(except” to “this Act)”, and paragraph (d). In section 13(b), the words “and section two hundred and thirteen”, “respectively” and “and 116”. 14 Geo. 6 c. 37. Maintenance Orders Act 1950. Section 6. Section 8. Section 9(1)(a). In section 16(2)(b)(v), the words from the beginning to “or”. 4 & 5 Eliz. 2. c. 46. Administration of Justice Act 1956. Section 51(a). 1963 c. 22. Sheriff Courts (Civil Jurisdiction and Procedure)(Scotland) Act 1963. In Schedule 1, the entry relating to the Crown Debts Act 1801. 1971 c. 55. Law Reform (Jurisdiction in Delict)(Scotland) Act 1971. The whole Act. 1972 c. 18 Maintenance Orders (Reciprocal Enforcement) Act 1972. In section 40—(a) in paragraph (a), the words “against persons in that country or territory”; and (b) in paragraph (b), the words “against persons in the United Kingdom”. In section 47(3), the words “or having ceased to reside”. In the Schedule, paragraph 4. 1976 c. 25. Fair Employment (Northern Ireland) Act 1976. Section 47. 1978 c. 23. Judicature (Northern Ireland) Act 1978. In Part II of Schedule 5— (a) the entry relating to the Crown Debts Act 1801; and (b) in the entry relating to the Foreign Judgements (Reciprocal Enforcment) Act 1933, the word “respectively”, where last occuring, and the words “and 116”. 1981 c. 54. Supreme Court Act 1981. In Schedule 5, paragraph 2 of the entry relating to the Foreign Judgements (Reciprocal Enforcement) Act 1933.
Section 2(2)
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Section 2(2)
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If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Contracting State, the court shall apply the law of that State.
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Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.
In particular the following provisions shall not be applicable as against them: — in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek), — in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje), — in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung), — in Greece: Article 40 of the code of civil procedure (Κωδικαsπολιτικηsδικονομιαs), — in France: Articles 14 and 15 of the civil code (Code civil), — in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland, — in Iceland: Article 77 of the Civil Proceedings Act (lög um meδferδ einkamála í héraδi), — in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile), — in Luxembourg: Articles 14 and 15 of the civil code (Code civil), — in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering), — in Norway: Section 32 of the Civil Proceedings Act (tvistemålsloven), — in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm), —in Poland, Articles 1103 and 1110, of the Code of Civil Procedure, — in Portugal: Articles 65(1)(c), 65(2) and 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho), — in Switzerland: le for du lieu du séquestre/Gerichtsstand des Arrestortes/ foro del luogo del sequestro within the meaning of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz über das internationale Privatrecht/legge federale sul diritto internazionale privato, — in Finland: the second, third and fourth sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken), — in Sweden: the first sentence of Section 3 of Chapter 10 of the Code of Judicial Procedure (Rättegångsbalken), — in the United Kingdom: the rules which enable jurisdiction to be founded on: (a) the document instituting the proceedings having been served on the defendant during his temporary presence in the United Kingdom; or (b) the presence within the United Kingdom of property belonging to the defendant; or (c) the seizure by the plaintiff of property situated in the United Kingdom.
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;
in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;
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;
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;
in his capacity 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 Contracting State in which the trust is domiciled;
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: 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.
has been arrested to secure such payment, or
could have been so arrested, but bail or other security has been given;
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;
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;
in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.
in another Contracting State, in the courts for the place where the policy-holder is domiciled; or
if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer. An insurer who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.
which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; or
which is concluded between a policy-holder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of the State; or
which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State; or
which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12A.
any liability, other than for bodily injury to passengers or loss of or damage to their baggage;
arising out of the use or operation of ships, installations or aircraft as referred to in (1)(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;
for loss or damage caused by goods in transit as described in (1)(b) above;
any financial loss connected with the use or operation of ships, installations or aircraft as referred to in (1)(a) above, in particular loss of freight or charter-hire;
any risk or interest connected with any of those referred to in (1) to (3) above.
a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or
any other contract for the supply of goods or a contract for the supply of services, and
in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and
the consumer took in that State the steps necessary for the conclusion of the contract. Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State. This Section shall not apply to contracts of transport.
which allows the consumer to bring proceedings in courts other than those indicated in this Section; or
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 Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.
in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;
in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;
in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place;
in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.
The court or courts of a Contracting State 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.
Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.
If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.
In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen.
where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence;
if the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought;
if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;
if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the State addressed.
The application shall be submitted: — in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg, — in Denmark, to the byret, — in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht, — in Greece, to the μονομελέsπρωτοδικεíο, — in Spain, to the Juzgado de Primera Instancia, — in France, to the presiding judge of the tribunal de grande instance, — in Ireland, to the High Court, — in Iceland, to the héraδsdómari, — in Italy, to the corte d’appello, — in Luxembourg, to the presiding judge of the tribunal d’arrondissement, — in the Netherlands, to the presiding judge of the arrondissementsrechtbank, — in Norway, to the herredsrett or byrett as namsrett, — in Austria, to the Landesgericht or the Kreisgericht, —in Poland, to the sad okregowy, — in Portugal, to the Tribunal Judicial de Cigrculo, — in Switzerland: in respect of judgments ordering the payment of a sum of money, to the juge de la mainlevée/Rechtsöffnungsrichter/giudice competente a pronunciare sul rigetto dell’opposizione, within the framework of the procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz über Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento; in respect of judgments ordering a performance other than the payment of a sum of money, to the juge cantonal d’exequatur compétent/zuständiger kantonaler Vollstreckungsrichter/giudice cantonale competente a pronunciare l’exequatur, — in Finland, to the ulosotonhaltija/överexekutor, — in Sweden, to the Svea hovrätt, — in the United Kingdom: in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State; in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State; in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.
The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.
An appeal against the decision authorising enforcement shall be lodged in accordance with the rules governing procedure in contentious matters: — in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg, — in Denmark, with the landsret, — in the Federal Republic of Germany, with the Oberlandesgericht, — in Greece, with the έωερειο — in Spain, with the Audiencia Provincial, — in France, with the cour d’appel, — in Ireland, with the High Court, — in Iceland, with the héraδsdómari, — in Italy, with the corte d’appello, — in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal, — in the Netherlands, with the arrondissementsrechtbank, — in Norway, with the lagmannsrett, — in Austria, with the Landesgericht or the Kreisgericht, —in Poland, to the sad okregowy by an appeal in cassation, — in Portugal, with the Tribunal da Relação, — in Switzerland, with the tribunal cantonal/Kantonsgericht/tribunale cantonale, — in Finland, with the hovioikeus/hovrätt, — in Sweden, with the Svea hovrätt, — in the United Kingdom: in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court; in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court; in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.
The judgment given on the appeal may be contested only: — in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation, — in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice, — in the Federal Republic of Germany, by a Rechtsbeschwerde, — in Ireland, by an appeal on a point of law to the Supreme Court, — in Iceland, by an appeal to the Hæstiréttur, — in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts Kjæremålsutvalg or Hoyesterett, — in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a Revision, — in Portugal, by an appeal on a point of law, — in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale, — in Finland, by an appeal to the korkein oikeus/högsta domstolen, — in Sweden, by an appeal to the högsta domstolen, — in the United Kingdom, by a single further appeal on a point of law.
If the application for enforcement is refused, the applicant may appeal: — in Belgium, to the cour d’appel or hof van beroep, — in Denmark, to the landsret, — in the Federal Republic of Germany, to the Oberlandesgericht, — in Greece, to the έωετειο, — in Spain, to the Audiencia Provincial, — in France, to the cour d’appel, — in Ireland, to the High Court, — in Iceland, to the héraδsdómari, — in Italy, to the corte d’appello, — in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal, — in the Netherlands, to the gerechtshof, — in Norway, to the lagmannsrett, — in Austria, to the Landesgericht or the Kreisgericht, —in Poland, to the sad apelacyjny, — in Portugal, to the Tribunal da Relação, — in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale cantonale, — in Finland, to the hovioikeus/hovrätt, — in Sweden, to the Svea hovrätt, — in the United Kingdom: in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court; in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court; in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.
The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.
A judgment given on an appeal provided for in Article 40 may be contested only: — in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation, — in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice, — in the Federal Republic of Germany, by a Rechtsbeschwerde, — in Ireland, by an appeal on a point of law to the Supreme Court, — in Iceland, by an appeal to the Hæstiréttur, — in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts kjæremålsutvalg or Hoyesterett, — in Austria, by a Revisionsrekurs, —in Poland, by an appeal in cassation, — in Portugal, by an appeal on a point of law, — in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale, — in Finland, by an appeal to the korkein oikeus/högsta domstolen, — in Sweden, by an appeal to the högsta domstolen, — in the United Kingdom, by a single further appeal on a point of law.
in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.
where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.
A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in 5.(o), (p) or (q) of this Article.
Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.
When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.
The expression “maritime claim” means a claim arising out of one or more of the following:
damage caused by any ship either in collision or otherwise;
loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;
salvage;
agreement relating to the use or hire of any ship whether by charterparty or otherwise;
agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;
loss of or damage to goods including baggage carried in any ship;
general average;
bottomry;
towage;
pilotage;
goods or materials wherever supplied to a ship for her operation or maintenance;
construction, repair or equipment of any ship or dock charges and dues;
wages of masters, officers or crew;
master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;
dispute as to the title to or ownership of any ship;
disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;
the mortgage or hypothecation of any ship.
In Iceland, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “loigbann”, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (loig um kyrrsetningu og lögbann).
However, this Convention shall in any event be applied:
in matters of jurisdiction, where the defendant is domiciled in the territory of a Contracting State which is not a member of the European Communities, or where Article 16 or 17 of this Convention confers a jurisdiction on the courts of such a Contracting State;
in relation to alis pendens or to related actions as provided for in Articles 21 and 22, when proceedings are instituted in a Contracting State which is not a member of the European Communities and in a Contracting State which is a member of the European Communities;
in matters of recognition and enforcement, where either the State of origin or the State addressed is not a member of the European Communities.
In addition to the grounds provided for in Title III recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a Contracting State which is not a member of the European Communities, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.
This Convention shall not prevent a court of a Contracting State which is party to a convention referred to in the first paragraph from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a Contracting State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.
Judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention referred to in the first paragraph shall be recognised and enforced in the other Contracting States in accordance with Title III of this Convention.
In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not a contracting party to a convention referred to in the first paragraph and the person against whom recognition or enforcement is sought is domiciled in that State, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.
Where a convention referred to in the first paragraph to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures for recognition and enforcement of judgments may be applied.
The following may be parties to this Convention: States which, at the time of the opening of this Convention for signature, are members of the European Communities or of the European Free Trade Association; States which, after the opening of this Convention for signature, become members of the European Communities or of the European Free Trade Association; States invited to accede in accordance with Article 62(1)(b).
The Convention shall be submitted for ratification by the signatory States. The instruments of ratification shall be deposited with the Swiss Federal Council.
The Convention shall enter into force on the first day of the third month following the date on which two States, of which one is a member of the European Communities and the other a member of the European Free Trade Association, deposit their instruments of ratification.
The 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.
If an acceding State wishes to furnish details for the purposes of Protocol No. 1, negotiations shall be entered into to that end. A negotiating conference shall be convened by the Swiss Federal Council.
In respect of an acceding State, the Convention shall take effect on the first day of the third month following the deposit of its instrument of accession.
However, in respect of an acceding State referred to in paragraph 1(a) or (b), the Convention shall take effect only in relations between the acceding State and the Contracting States which have not made any objections to the accession before the first day of the third month following the deposit of the instrument of accession.
At the end of the initial five-year period, the Convention shall be automatically renewed from year to year.
Upon the expiry of the initial five-year period, any Contracting State may, at any time, denounce the Convention by sending a notification to the Swiss Federal Council.
The denunciation shall take effect at the end of the calendar year following the expiry of a period of six months from the date of receipt by the Swiss Federal Council of the notification of denunciation.
The following are annexed to this Convention: — a Protocol No. 1, on certain questions of jurisdiction, procedure and enforcement, — a Protocol No. 2, on the uniform interpretation of the Convention, — a Protocol No. 3, on the application of Article 57. These Protocols shall form an integral part of the Convention.
The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of: the deposit of each instrument of ratification or accession; the dates of entry into force of this Convention in respect of the Contracting States; any denunciation received pursuant to Article 64; any declaration received pursuant to Article Ia of Protocol No. 1; any declaration received pursuant to Article Ib of Protocol No. 1; any declaration received pursuant to Article IV of Protocol No. 1; any communication made pursuant to Article VI of Protocol No. 1.
The High Contracting Parties have agreed upon the following provisions, which shall be annexed to the Convention:
This reservation shall not apply to the extent that at the time recognition or enforcement is sought a derogation has been granted from Article 59 of the Swiss Federal Constitution. The Swiss Government shall communicate such derogations to the signatory States and the acceding States.
This reservation shall cease to have effect on 31 December 1999. It may be withdrawn at any time.
The central body is the Registrar of the Court of Justice of the European Communities.
The Committee shall be composed of representatives appointed by each signatory and acceding State.
The European Communities (Commission, Court of Justice and General Secretariat of the Council) and the European Free Trade Association may attend the meetings as observers.
The Committee, in the light of these exchanges, may also examine the appropriateness of starting on particular topics a revision of the Convention and make recommendations.
The High Contracting Parties have agreed as follows:
If one Contracting State is of the opinion that a provision contained in an act of the institutions of the European Communities is incompatible with the Convention, the Contracting States shall promptly consider amending the Convention pursuant to Article 66, without prejudice to the procedure established by Protocol No. 2.
(Concluded 19 October 1996)
The States signatory to the present Convention,
Considering the need to improve the protection of children in international situations,
Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,
Recalling the importance of international co-operation for the protection of children,
Confirming that the best interests of the child are to be a primary consideration,
Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision,
Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,
Have agreed on the following provisions—
The objects of the present Convention are— For the purposes of this Convention, the term ‘parental responsibility’ includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians or other legal representatives in relation to the person or the property of the child.
The Convention applies to children from the moment of their birth until they reach the age of 18 years.
The measures referred to in Article 1 may deal in particular with—
the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;
rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child's habitual residence;
guardianship, curatorship and analogous institutions;
the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child;
the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution;
the supervision by a public authority of the care of a child by any person having charge of the child;
the administration, conservation or disposal of the child's property.
The Convention does not apply to—
the establishment or contesting of a parent-child relationship;
decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;
the name and forenames of the child;
emancipation;
maintenance obligations;
trusts or succession;
social security;
public measures of a general nature in matters of education or health;
measures taken as a result of penal offences committed by children;
decisions on the right of asylum and on immigration.
The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child's person or property. Subject to Article 7, in case of a change of the child's habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.
For refugee children and children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of Article 5. The provisions of the preceding paragraph also apply to children whose habitual residence cannot be established.
In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual residence in another State, and The removal or the retention of a child is to be considered wrongful where— The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State. So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.
By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either — request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or — suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State. The Contracting States whose authorities may be addressed as provided in the preceding paragraph are— The authorities concerned may proceed to an exchange of views. The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child's best interests.
If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child's best interests, they may either — request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorised to exercise jurisdiction to take the measures of protection which they consider to be necessary, or — invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child. The authorities concerned may proceed to an exchange of views. The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.
Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if— The jurisdiction provided for by paragraph 1 to take measures for the protection of the child ceases as soon as the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.
In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any necessary measures of protection. The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken the measures required by the situation. The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.
Subject to Article 7, the authorities of a Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take measures of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such measures are not incompatible with measures already taken by authorities which have jurisdiction under Article 5 to 10. The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken a decision in respect of the measures of protection which may be required by the situation. The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.
The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration. The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.
The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.
In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law. However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a substantial connection. If the child's habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.
The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child. The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child's habitual residence at the time when the agreement or unilateral act takes effect. Parental responsibility which exists under the law of the State of the child's habitual residence subsists after a change of that habitual residence to another State. If the child's habitual residence changes, the attribution of parental responsibilty by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.
The exercise of parental responsibility is governed by the law of the State of the child's habitual residence. If the child's habitual residence changes, it is governed by the law of the State of the new habitual residence.
The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.
The validity of a transaction entered into between a third party and another person who would be entitled to act as the child's legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child's legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law. The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.
The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.
In this Chapter the term “law” means the law in force in a State other than its choice of law rules. However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.
The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.
The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States. Recognition may however be refused—
Without prejudice to Article 23, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.
The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.
If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State. Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure. The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.
Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.
Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.
A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities. Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention. They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.
The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to—
On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies,
provide a report on the situation of the child;
request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.
If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care. The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child's best interests.
Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information. A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.
The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis. The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision. An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child's former habitual residence. Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.
In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child's residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.
An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child's person or property in danger, or constitute a serious threat to the liberty or life of a member of the child's family.
Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter. Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.
Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
The authorities of the Contracting State of the child's habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child's person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her. The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary. Each Contracting State shall designate the authorities competent to draw up the certificate.
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.
The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.
All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.
Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.
The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law. The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.
A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.
In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units— any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit; any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit; any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit; any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection; any reference to the State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application; any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection; any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained; any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit; any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken; any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.
For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply—
if there are rules in force in such a State identifying which territorial unit's law is applicable, the law of that unit applies;
in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.
For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply—
if there are rules in force in such a State identifying which among such laws applies, that law applies;
in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.
This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.
In relations between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, and the Convention governing the guardianship of minors, signed at The Hague 12 June 1902, without prejudice to the recognition of measures taken under the Convention of 5 October 1961 mentioned above.
This Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument. This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention. Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention. The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.
The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State. The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.
Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.
A Contracting State may, in accordance with Article 60, The reservation may be restricted to certain categories of property.
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Eighteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Any other State may accede to the Convention after it has entered into force in accordance with Article 61, paragraph 1. The instrument of accession shall be deposited with the depositary. Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 63. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.
Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 59, make one or both of the reservations provided for in Articles 54, paragraph 2, and 55. No other reservation shall be permitted. Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary. The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.
The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57. Thereafter the Convention shall enter into force—
A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies. The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.
The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following—
the signatures, ratifications, acceptances and approvals referred to in Article 57;
the accessions and objections raised to accessions referred to in Article 58;
the date on which the Convention enters into force in accordance with Article 61;
the declarations referred to in Articles 34, paragraph 2, and 59;
the agreements referred to in Article 39;
the reservations referred to in Article 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2;
the denunciations referred to in Article 62.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session.
In accordance with Article 29, paragraph 2, of the Convention, the Government of the United Kingdom declares that it will interpret this paragraph as referring only to cases where the requesting Central Authority does not know to which applicable territorial unit their application should be addressed. In such cases the United Kingdom designates the Central Authority for England to transmit to the relevant Central Authority.
In accordance with Article 34, paragraph 2, of the Convention, the Government of the United Kingdom declares that requests made under paragraph 1 of Article 34 shall be communicated to its authorities only through the relevant Central Authority.
In accordance with Article 54, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that it objects to the use of French.
(Concluded 30 June 2005)
The States Parties to the present Convention,
Desiring to promote international trade and investment through enhanced judicial co-operation,
Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,
Believing that such enhanced co-operation requires in particular an international legal regime that provides certainty and ensures the effectiveness of exclusive choice of court agreements between parties to commercial transactions and that governs the recognition and enforcement of judgments resulting from proceedings based on such agreements,
Have resolved to conclude this Convention and have agreed upon the following provisions—
This Convention shall apply in international cases to exclusive choice of court agreements concluded in civil or commercial matters. For the purposes of Chapter II, a case is international unless the parties are resident in the same Contracting State and the relationship of the parties and all other elements relevant to the dispute, regardless of the location of the chosen court, are connected only with that State. For the purposes of Chapter III, a case is international where recognition or enforcement of a foreign judgment is sought.
This Convention shall not apply to exclusive choice of court agreements— This Convention shall not apply to the following matters— Notwithstanding paragraph 2, proceedings are not excluded from the scope of this Convention where a matter excluded under that paragraph arises merely as a preliminary question and not as an object of the proceedings. In particular, the mere fact that a matter excluded under paragraph 2 arises by way of defence does not exclude proceedings from the Convention, if that matter is not an object of the proceedings. This Convention shall not apply to arbitration and related proceedings. Proceedings are not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, is a party thereto. Nothing in this Convention shall affect privileges and immunities of States or of international organisations, in respect of themselves and of their property.
For the purposes of this Convention—
“exclusive choice of court agreement” means an agreement concluded by two or more parties that meets the requirements of paragraph (c) and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, the courts of one Contracting State or one or more specific courts of one Contracting State to the exclusion of the jurisdiction of any other courts;
a choice of court agreement which designates the courts of one Contracting State or one or more specific courts of one Contracting State shall be deemed to be exclusive unless the parties have expressly provided otherwise;
an exclusive choice of court agreement must be concluded or documented—
in writing; or
by any other means of communication which renders information accessible so as to be usable for subsequent reference;
an exclusive choice of court agreement that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. The validity of the exclusive choice of court agreement cannot be contested solely on the ground that the contract is not valid.
In this Convention, “judgment” means any decision on the merits given by a court, whatever it may be called, including a decree or order, and a determination of costs or expenses by the court (including an officer of the court), provided that the determination relates to a decision on the merits which may be recognised or enforced under this Convention. An interim measure of protection is not a judgment. For the purposes of this Convention, an entity or person other than a natural person shall be considered to be resident in the State—
The court or courts of a Contracting State designated in an exclusive choice of court agreement shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void under the law of that State. A court that has jurisdiction under paragraph 1 shall not decline to exercise jurisdiction on the ground that the dispute should be decided in a court of another State. The preceding paragraphs shall not affect rules— However, where the chosen court has discretion as to whether to transfer a case, due consideration should be given to the choice of the parties.
A court of a Contracting State other than that of the chosen court shall suspend or dismiss proceedings to which an exclusive choice of court agreement applies unless—
the agreement is null and void under the law of the State of the chosen court;
a party lacked the capacity to conclude the agreement under the law of the State of the court seised;
giving effect to the agreement would lead to a manifest injustice or would be manifestly contrary to the public policy of the State of the court seised;
for exceptional reasons beyond the control of the parties, the agreement cannot reasonably be performed; or
the chosen court has decided not to hear the case.
Interim measures of protection are not governed by this Convention. This Convention neither requires nor precludes the grant, refusal or termination of interim measures of protection by a court of a Contracting State and does not affect whether or not a party may request or a court should grant, refuse or terminate such measures.
A judgment given by a court of a Contracting State designated in an exclusive choice of court agreement shall be recognised and enforced in other Contracting States in accordance with this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention. Without prejudice to such review as is necessary for the application of the provisions of this Chapter, there shall be no review of the merits of the judgment given by the court of origin. The court addressed shall be bound by the findings of fact on which the court of origin based its jurisdiction, unless the judgment was given by default. A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin. Recognition or enforcement may be postponed or refused if the judgment is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired. A refusal does not prevent a subsequent application for recognition or enforcement of the judgment. This Article shall also apply to a judgment given by a court of a Contracting State pursuant to a transfer of the case from the chosen court in that Contracting State as permitted by Article 5, paragraph 3. However, where the chosen court had discretion as to whether to transfer the case to another court, recognition or enforcement of the judgment may be refused against a party who objected to the transfer in a timely manner in the State of origin.
Recognition or enforcement may be refused if—
the agreement was null and void under the law of the State of the chosen court, unless the chosen court has determined that the agreement is valid;
a party lacked the capacity to conclude the agreement under the law of the requested State;
the document which instituted the proceedings or an equivalent document, including the essential elements of the claim,
was not notified to the defendant in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant entered an appearance and presented his case without contesting notification in the court of origin, provided that the law of the State of origin permitted notification to be contested; or
was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents;
the judgment was obtained by fraud in connection with a matter of procedure;
recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State;
the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or
the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.
Where a matter excluded under Article 2, paragraph 2, or under Article 21, arose as a preliminary question, the ruling on that question shall not be recognised or enforced under this Convention. Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded under Article 2, paragraph 2. However, in the case of a ruling on the validity of an intellectual property right other than copyright or a related right, recognition or enforcement of a judgment may be refused or postponed under the preceding paragraph only where— Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded pursuant to a declaration made by the requested State under Article 21.
Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered. The court addressed shall take into account whether and to what extent the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.
Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.
The party seeking recognition or applying for enforcement shall produce— If the terms of the judgment do not permit the court addressed to verify whether the conditions of this Chapter have been complied with, that court may require any necessary documents. An application for recognition or enforcement may be accompanied by a document, issued by a court (including an officer of the court) of the State of origin, in the form recommended and published by the Hague Conference on Private International Law. If the documents referred to in this Article are not in an official language of the requested State, they shall be accompanied by a certified translation into an official language, unless the law of the requested State provides otherwise.
The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested State unless this Convention provides otherwise. The court addressed shall act expeditiously.
Recognition or enforcement of a severable part of a judgment shall be granted where recognition or enforcement of that part is applied for, or only part of the judgment is capable of being recognised or enforced under this Convention.
This Convention shall apply to exclusive choice of court agreements concluded after its entry into force for the State of the chosen court. This Convention shall not apply to proceedings instituted before its entry into force for the State of the court seised.
Proceedings under a contract of insurance or reinsurance are not excluded from the scope of this Convention on the ground that the contract of insurance or reinsurance relates to a matter to which this Convention does not apply. Recognition and enforcement of a judgment in respect of liability under the terms of a contract of insurance or reinsurance may not be limited or refused on the ground that the liability under that contract includes liability to indemnify the insured or reinsured in respect of—
All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality, including an Apostille.
A State may declare that its courts may refuse to determine disputes to which an exclusive choice of court agreement applies if, except for the location of the chosen court, there is no connection between that State and the parties or the dispute.
A State may declare that its courts may refuse to recognise or enforce a judgment given by a court of another Contracting State if the parties were resident in the requested State, and the relationship of the parties and all other elements relevant to the dispute, other than the location of the chosen court, were connected only with the requested State.
Where a State has a strong interest in not applying this Convention to a specific matter, that State may declare that it will not apply the Convention to that matter. The State making such a declaration shall ensure that the declaration is no broader than necessary and that the specific matter excluded is clearly and precisely defined. With regard to that matter, the Convention shall not apply—
A Contracting State may declare that its courts will recognise and enforce judgments given by courts of other Contracting States designated in a choice of court agreement concluded by two or more parties that meets the requirements of Article 3, paragraph (c), and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, a court or courts of one or more Contracting States (a non-exclusive choice of court agreement). Where recognition or enforcement of a judgment given in a Contracting State that has made such a declaration is sought in another Contracting State that has made such a declaration, the judgment shall be recognised and enforced under this Convention, if—
In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.
The Secretary General of the Hague Conference on Private International Law shall at regular intervals make arrangements for—
review of the operation of this Convention, including any declarations; and
consideration of whether any amendments to this Convention are desirable.
In relation to a Contracting State in which two or more systems of law apply in different territorial units with regard to any matter dealt with in this Convention— Notwithstanding the preceding paragraph, a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units. A court in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a judgment from another Contracting State solely because the judgment has been recognised or enforced in another territorial unit of the same Contracting State under this Convention. This Article shall not apply to a Regional Economic Integration Organisation.
This Convention shall be interpreted so far as possible to be compatible with other treaties in force for Contracting States, whether concluded before or after this Convention. This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, in cases where none of the parties is resident in a Contracting State that is not a Party to the treaty. This Convention shall not affect the application by a Contracting State of a treaty that was concluded before this Convention entered into force for that Contracting State, if applying this Convention would be inconsistent with the obligations of that Contracting State to any non-Contracting State. This paragraph shall also apply to treaties that revise or replace a treaty concluded before this Convention entered into force for that Contracting State, except to the extent that the revision or replacement creates new inconsistencies with this Convention. This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, for the purposes of obtaining recognition or enforcement of a judgment given by a court of a Contracting State that is also a Party to that treaty. However, the judgment shall not be recognised or enforced to a lesser extent than under this Convention. This Convention shall not affect the application by a Contracting State of a treaty which, in relation to a specific matter, governs jurisdiction or the recognition or enforcement of judgments, even if concluded after this Convention and even if all States concerned are Parties to this Convention. This paragraph shall apply only if the Contracting State has made a declaration in respect of the treaty under this paragraph. In the case of such a declaration, other Contracting States shall not be obliged to apply this Convention to that specific matter to the extent of any inconsistency, where an exclusive choice of court agreement designates the courts, or one or more specific courts, of the Contracting State that made the declaration. This Convention shall not affect the application of the rules of a Regional Economic Integration Organisation that is a Party to this Convention, whether adopted before or after this Convention—
This Convention is open for signature by all States. This Convention is subject to ratification, acceptance or approval by the signatory States. This Convention is open for accession by all States. Instruments of ratification, acceptance, approval or accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
If a State has two or more territorial units in which different systems of law apply in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. A declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State. This Article shall not apply to a Regional Economic Integration Organisation.
A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by this Convention. The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph. For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation declares in accordance with Article 30 that its Member States will not be Parties to this Convention. Any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to a Regional Economic Integration Organisation that is a Party to it.
At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare that it exercises competence over all the matters governed by this Convention and that its Member States will not be Parties to this Convention but shall be bound by virtue of the signature, acceptance, approval or accession of the Organisation. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 1, any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to the Member States of the Organisation.
This Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance, approval or accession referred to in Article 27. Thereafter this Convention shall enter into force—
Declarations referred to in Articles 19, 20, 21, 22 and 26 may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time. Declarations, modifications and withdrawals shall be notified to the depositary. A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned. A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary. A declaration under Articles 19, 20, 21 and 26 shall not apply to exclusive choice of court agreements concluded before it takes effect.
This Convention may be denounced by notification in writing to the depositary. The denunciation may be limited to certain territorial units of a non-unified legal system to which this Convention applies. The denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.
The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 27, 29 and 30 of the following—
the signatures, ratifications, acceptances, approvals and accessions referred to in Articles 27, 29 and 30;
the date on which this Convention enters into force in accordance with Article 31;
the notifications, declarations, modifications and withdrawals of declarations referred to in Articles 19, 20, 21, 22, 26, 28, 29 and 30;
the denunciations referred to in Article 33.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on 30 June 2005, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Member States of the Hague Conference on Private International Law as of the date of its Twentieth Session and to each State which participated in that Session.
Section 3D(3)(b)
The United Kingdom of Great Britain and Northern Ireland declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 1 below:
The United Kingdom of Great Britain and Northern Ireland will apply the Convention to insurance contracts in the following cases:
where the contract is a reinsurance contract;
where the choice of court agreement is entered into after the dispute has arisen;
where, without prejudice to Article 1(2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;
where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:
any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:
seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;
aircraft;
railway rolling stock;
any loss of or damage to goods in transit or baggage other than passengers’ baggage, irrespective of the form of transport;
any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:
ships, installations or vessels as referred to in point (i)(a);
aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;
railway rolling stock;
any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);
any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charter-hire;
any risk or interest connected with any of the risks referred to in points (i) to (v);
any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;
any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:
a balance-sheet total of EUR 6,2 million;
a net turnover of EUR 12,8 million;
an average number of 250 employees during the financial year.
The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.
(Concluded 23 November 2007)
The States signatory to the present Convention,
Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,
Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,
Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,
Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989 — in all actions concerning children the best interests of the child shall be a primary consideration, — every child has a right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development, — the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development, and — States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,
Have resolved to conclude this Convention and have agreed upon the following provisions—
The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by—
establishing a comprehensive system of co-operation between the authorities of the Contracting States;
making available applications for the establishment of maintenance decisions;
providing for the recognition and enforcement of maintenance decisions; and
requiring effective measures for the prompt enforcement of maintenance decisions.
This Convention shall apply— Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 (a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation. Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention. The provisions of this Convention shall apply to children regardless of the marital status of the parents.
For the purposes of this Convention—
“creditor” means an individual to whom maintenance is owed or is alleged to be owed;
“debtor” means an individual who owes or who is alleged to owe maintenance;
“legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;
“agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;
“maintenance arrangement” means an agreement in writing relating to the payment of maintenance which—
has been formally drawn up or registered as an authentic instrument by a competent authority; or
has been authenticated by, or concluded, registered or filed with a competent authority, and may be the subject of review and modification by a competent authority;
“vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.
A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority. Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State. The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.
Central Authorities shall—
co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;
seek as far as possible solutions to difficulties which arise in the application of the Convention.
Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall— In relation to such applications they shall take all appropriate measures— The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent Bureau of any changes. Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.
A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) (b), (c), (g), (h), (i) and (j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated. A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.
Each Central Authority shall bear its own costs in applying this Convention. Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7. The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.
An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.
The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention— The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision— Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 (c) to (f) and 2 (b) and (c) shall be subject to the jurisdictional rules applicable in the requested State.
All applications under Article 10 shall as a minimum include— As appropriate, and to the extent known, the application shall in addition in particular include— The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) (a) and (2) (a), the application shall be accompanied only by the documents listed in Article 25. An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.
The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application. The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) (a), (b) and (d) and (3) (b) and 30(3). The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application. Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application. Requesting and requested Central Authorities shall keep each other informed of— and shall provide timely responses to enquiries. Central Authorities shall process a case as quickly as a proper consideration of the issues will allow. Central Authorities shall employ the most rapid and efficient means of communication at their disposal. A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal. The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.
Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.
The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter. To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies. The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge. Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases. No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.
The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years. Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) (a) and (b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.
Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) (a) and (b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child. A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child's means will be carried out, including the financial criteria which would need to be met to satisfy the test. An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child's means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child's means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate. If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.
In the case of all applications under this Convention other than those under Article 15 or Article 16—
the provision of free legal assistance may be made subject to a means or a merits test;
an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.
Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made. Paragraph 1 shall not apply—
This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses. If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations. For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established— This Chapter also applies to maintenance arrangements in accordance with Article 30. The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.
A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if— A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 (c), (e) or (f). A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision. A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) (b). A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 (c), (e) or (f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed. A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.
If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced. Partial recognition or enforcement of a decision can always be applied for.
Recognition and enforcement of a decision may be refused if—
recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;
the decision was obtained by fraud in connection with a matter of procedure;
proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;
the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;
in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin—
when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or
the decision was made in violation of Article 18.
Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed. Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either— Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement. A declaration or registration may be refused only on the ground set out in Article 22 (a). At this stage neither the applicant nor the respondent is entitled to make any submissions. The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law. A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification. A challenge or appeal may be founded only on the following— A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past. The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal. A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances. In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article. Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either— A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard. The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 (a), (c) and (d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) (c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25. A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past. Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances. In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following— Upon a challenge or appeal under Article 23(7) (c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly— A Contracting State may specify in accordance with Article 57—
This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.
Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.
There shall be no review by any competent authority of the State addressed of the merits of a decision.
The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.
A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin. For the purpose of Article 10(1) (a) and (b) and (2) (a), the term “decision” includes a maintenance arrangement. An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following— Recognition and enforcement of a maintenance arrangement may be refused if— The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that— Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State. A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities. A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.
Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order—
each of those States shall be deemed for the purposes of this Chapter to be a State of origin;
the requirements of Article 22 (e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order;
the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and
Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.
Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed. Enforcement shall be prompt. In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant. Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation. Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.
The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.
Contracting States shall make available in internal law effective measures to enforce decisions under this Convention. Such measures may include—
Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance. A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.
For the purposes of applications for recognition and enforcement under Article 10(1) (a) and (b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance. The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject. A public body may seek recognition or claim enforcement of— The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.
The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seise directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified. Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State. For the purpose of paragraph 2, Article 2(1) a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.
Any authority processing information shall ensure its confidentiality in accordance with the law of its State.
An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person. A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence. Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so far as necessary to carry out the obligations under the Convention.
No legalisation or similar formality may be required in the context of this Convention.
The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.
Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance. A State may recover costs from an unsuccessful party. For the purposes of an application under Article 10(1) (b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State. This Article shall be without prejudice to Article 8.
Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation. A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory. Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French. However, a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.
In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State. The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned. Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.
In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units— This Article shall not apply to a Regional Economic Integration Organisation.
A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units. A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention. This Article shall not apply to a Regional Economic Integration Organisation.
In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.
In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of application as between such States coincides with the scope of application of this Convention.
This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.
This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention. Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention. Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned. This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.
This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for— This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 (a) to (c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 (b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.
In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention. For the purpose of such review, Contracting States shall co-operate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.
The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting. Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States. During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.
The Convention shall apply in every case where— With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply. The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.
A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with— Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law. Information shall be kept up to date by the Contracting States.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention. Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1). The instrument of accession shall be deposited with the depositary. Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article 65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention. The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph. At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation. For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3. Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.
The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58. Thereafter the Convention shall enter into force—
If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State. This Article shall not apply to a Regional Economic Integration Organisation.
Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted. Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary. The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2. Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).
Declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time. Declarations, modifications and withdrawals shall be notified to the depositary. A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned. A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.
A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies. The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.
The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following—
the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;
the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;
the date on which the Convention enters into force in accordance with Article 60;
the declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);
the agreements referred to in Article 51(2);
the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);
the denunciations referred to in Article 64.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.
Section 3E(3)(b)
Declaration referred to in Article 2(3) of the Convention: The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.
Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention: The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention: The United Kingdom of Great Britain and Northern Ireland objects to the use of French in communications between Central Authorities.
Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention: The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention: The United Kingdom of Great Britain and Northern Ireland declares that an application to it under Article 10 of the Convention, other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below: Application under Article 10(1)(b) of the Convention: England and Wales Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Scotland Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable. Northern Ireland Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Application under Article 10(1)(c) of the Convention: England and Wales Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Scotland Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable. Northern Ireland Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Application under Article 10(1)(d) of the Convention: England and Wales Certified copy of decision relevant to Article 20 or Article 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Scotland As for applications under Article 10(1)(c) above. Northern Ireland Certified copy of decision relevant to Article 20 or 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Application under Article 10(1)(e) of the Convention: England and Wales Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party. Scotland Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation. Northern Ireland Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Application under Article 10(1)(f) of the Convention: England and Wales Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party. Scotland Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available. Northern Ireland Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Application under Article 10(2)(b) of the Convention: England and Wales Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Scotland Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation. Northern Ireland Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant. Application under Article 10(2)(c) of the Convention: England and Wales Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Scotland Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant’s financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available. Northern Ireland Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. General: For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary). For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.
Unilateral declaration made at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention: The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration: The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention. It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the United Kingdom of Great Britain and Northern Ireland becomes a Contracting State to the Convention. Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL OR COMMERCIAL MATTERS (Concluded 2 July 2019) The Contracting Parties to the present Convention, Desiring to promote effective access to justice for all and to facilitate rule-based multilateral trade and investment, and mobility, through judicial co-operation, Believing that such co-operation can be enhanced through the creation of a uniform set of core rules on recognition and enforcement of foreign judgments in civil or commercial matters, to facilitate the effective recognition and enforcement of such judgments, Convinced that such enhanced judicial co-operation requires, in particular, an international legal regime that provides greater predictability and certainty in relation to the global circulation of foreign judgments, and that is complementary to the Convention of 30 June 2005 on Choice of Court Agreements, Have resolved to conclude this Convention to this effect and have agreed upon the following provisions—