Civil Jurisdiction and Judgments Act, 1982, The

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The judgment creditor may apply for a certificate by filing at the court where the judgment was given or has been entered written evidence stating – g) 'the 2005 Hague Convention' means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague. 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 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”.

An appeal against the decision authorising enforcement shall be lodged in accordance with the rules governing procedure in contentious matters: The applicant may apply for a certified copy of a judgment by filing at the court where the judgment was given or has been entered written evidence stating – consumer ”, in relation to a consumer contract, means a person who concludes the contract for a purpose which can be regarded as being outside the person's trade or profession; Section I of this Part applies to the enforcement in England and Wales of judgments of foreign courts.e) where the judgment contains different provisions, some but not all of which can be registered for enforcement, set out those provisions in respect of which it is sought to register the judgment; and 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). 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 the part of the United Kingdomin which the trust is domiciled;

Legislation dealing with the “Rome” rules on applicable law is contained in the following statutory instrument: The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations (SI 2019/834). This instrument amended the Rome I and Rome II Regulations as retained by the EU Withdrawal Act 2018 so that they operate effectively as domestic law and made amendments to other related legislation. In section 4, the words “of the county in which the parish concerned is situated” and the words from “provided” to the end. Subject to paragraph (2), Article 11 notice must be given to the person causing the risk by serving it in accordance with Section III of Part 6 and the rules in that Section apply to service of the notice as they apply to any other document to be served.On 8 April 2020, the Government applied for the UK to rejoin the Lugano Convention as an independent contracting state. It is now waiting for the other contracting parties to decide whether to agree to the UK joining the Convention. This guidance will be updated if the UK is able to rejoin this Convention with details of what this will mean for jurisdiction and the recognition and enforcement of judgments in cases to which the Convention applies and confirmation of the date from which this will be effective. 2. Special European procedures b) by a certificate, issued not more than six months before the date of the application, stating that the conditions set out in paragraph 3 of Schedule 7 are satisfied in relation to the judgment. 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.

c) “Article 11 notice” means the notification required by Article 11 of the Protection Measures Regulation; c) ‘judgment’ means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes j) “Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters 10. Practitioners should note, however, that both the Rome I and Rome II Regulations apply whether or not the applicable law is the law of an EU member state or not (see Article 2 of Rome I and Article 3 of Rome II). F115“the 2007 Hague Convention ” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;The treatment of transitional cases by EU member state courts is governed by Title VI, Part 3 of the Withdrawal Agreement. Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article . . . 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

the 1968 Convention” has the meaning given by section 1(1), and references to that Convention and to provisions of it are to be construed in accordance with section 1(2)(a); b) where there is an application under rule 74.7 or an appeal under rule 74.3, until the application or appeal has been determined.A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued: in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdomin which the judgment has been or is to be enforced.