Civil Jurisdiction and Judgments Act 1982 (UK)

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Access options Get access to the full version of this content by using one of the access options below. He is singled out for his exceptional legal ability having been consistently described as “extremely bright…always does a first class job” (Legal 500 2021), “extremely intelligent” (Legal 500 2018), “exceptionally talented” (Chambers and Partners 2013) and “one to watch” (Chambers and Partners 2016). Quoting Equitable Remedies, 9th ed (2014), Lord Leggatt observed that, subject to any statutory restrictions, the powers of courts with equitable jurisdiction to grant injunctions on the basis of what is "just and convenient" are effectively unlimited and should adopt the application of new practices where appropriate. I regret that I am not in a position to give either the noble and learned Lord or the noble Lord who have participated in this brief debate any precise figures on the number of occasions on which the convention has been used.

Brexit had the effect of markedly reducing the cases where permission is not required to serve documents out of jurisdiction. Mrs Justice Rose found that RAKIA had established a good arguable case in relation to its substantive claims of fraudulent misappropriation of assets by Mikadze, an arguable case that all of the English LLPs were Mikadze’s creatures and that there was a real risk that the LLPs/Mikadze would dissipate their assets. The court may also issue directions concerning the method of service or give permission for the service of other documents in the proceedings to be served out of the jurisdiction (CPR Rule 6.As I indicated in opening, the Act has been in force in the United Kingdom only since 1st January 1987. A consumer domiciled in the UK, can bring a claim against the other party to the consumer contract in the courts where the consumer is domiciled (for instance, the English court), regardless of the other party’s domicile (CJJA section 15(B)(2)). Certificate of the enforcement in Scotland or Northern Ireland of a money judgment of the High Court or of the County Court (s. It is now waiting for the other contracting parties to decide whether to agree to the UK joining the Convention. Exclusive choice of court agreements entered into from 1 October 2015 which choose a UK court or the court of an EU member state for the resolution of disputes, will continue to be subject to the terms of the 2005 Hague Convention on Choice of Court Agreements.

In England and Wales, that comprises the common law, together with various statutory provisions including, in particular, Part 6 of the Civil Procedure Rules 1998 (notably Practice Direction 6B). While the Regulation is not expressed to be mandatory, it is understood that the foreign process section would likely treat it as such. The decision arises from combined appeals in an action originally brought in Hong Kong by Convoy Collateral Ltd ( Convoy) against Dr Cho Kwai Chee, for damages arising from allegedly fraudulent investments made during his time as a director of Convoy. Even if the noble and learned Lord is not able to answer the question of the noble and learned Lord, Lord Elwyn-Jones, I hope that the Government have in place some mechanism for monitoring the working and the weaknesses, if any, of the 1982 Act so that there can be a continuous consideration of how it works in practice. In these circumstances, the starting point is provided for by the Civil Jurisdiction and Judgments Act 1982, and confirms as a general rule that the correct jurisdiction is that where the Defendant is domiciled.

The convention was drawn up originally between the six member states of the European Community with a view to simplifying the formalities governing the recriprocal recognition and enforcement of judgments of courts or tribunals as between parties to the convention. For claims initiated after the end of the transition period, involving an exclusive choice of court agreement entered into from 1 October 2015, in which the chosen court is established in a contracting party to that Convention (which includes all EU member states), the rules of the Hague Convention 2005 on Choice of Court Agreements) apply. in denying a maritime lien for damages where, losses might suffice, and indirect causation of harm might also be sufficient ( Currie, , this was either neutral or helpful to the petitioners. Due to the United Kingdom’s membership of the European Union, particular rules had applied if the defendant was in a European Union country, or Denmark, Iceland, Norway or Switzerland. In making the application, the jurisdiction of the court to hear and decide the claim must be established.