Civil Jurisdiction and Judgments Act 1982

1 Interpretation of references to the Conventions and Contracting States.U.K.

(1)In this Act—

• “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

• “the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

• “the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

• [F1“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;]

• [F2“the 1989 Accession Convention " means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989]

• [F3“the 1996 Accession Convention" means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,]

• [F4[F5“the Brussels Conventions"] means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention [F6, the 1989 Accession Convention and the 1996 Accession Convention].

• [F7“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16th September 1988 and signed by the United Kingdom on 18th September 1989.]

(2)In this Act, unless the context otherwise requires—

[F8(a)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 the 1982 Accession Convention [F9, the 1989 Accession Convention and the 1996 Accession Convention]; and]

[F10(aa)references to, or to any provision of, the Lugano Convention are references to that Convention as amended on the accession to it of Poland; and]

[F11(b)any reference in any provision to a numbered Article without more is a reference—

(i)to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii)to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.]

[F12(3)[F13In this Act—

• “Contracting State”, without more, in any provision means—

  (a)

  in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; and

  (b)

  in the application of the provision in relation to the Lugano Convention, a Lugano Contracting State;

• “Brussels Contracting State” means—]

  (a)

  one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands); or

  (b)

  one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal) [F14or under the 1996 Accession Convention (Austria, Finland and Sweden)].

  being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which Article 32 of that Convention, [F15or being a state in respect of which the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention,] as the case might be.

• [F16F17 “Lugano Contracting State” means—

  (a)

  one of the original parties to the Lugano Convention, that is to say Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom; or

  (b)

  a party who has subsequently acceded to that Convention, that is to say, Poland]

  being a State in relation to which that Convention has taken effect in accordance with paragraph 3 or 4 of Article 61.]]