Civil Jurisdiction and Judgments Act 1982
Encyclopedia
The Civil Jurisdiction and Judgments Act 1982 (c.27) is an Act
of the Parliament of the United Kingdom
, which was passed to implement the Brussels Convention
of 1968 into British law. As well as governing whether the Courts of England and Wales
, Northern Ireland
and Scotland
have jurisdiction to hear cases against defendants in other contracting states, the Act provided a statutory basis for the division of jurisdiction between the three jurisdictions within the UK. No provision was made in 1982 for division of jurisdiction between the UK and Gibraltar
; this was rectified by the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 which stated that, for the purposes of the 1982 Act, Gibraltar should be treated as a separate contracting state.
A further significant amendment was made to the Act by the Civil Jurisdiction and Judgments Act 1991
which gave Courts power under the Lugano convention
, and later by the Civil Jurisdiction and Judgments Order 2001 which gave Courts jurisdiction under Council Regulation (EC) 44/2001 (commonly known as the Judgments Regulation or the Brussels Regulation). The latter applies to all 27 current member states of the European Union
.
in 1982 were the then members of the European Economic Community
(now the European Union
). These were Belgium
, Denmark
, France
, (West) Germany
, Greece
, Republic of Ireland
, Italy
, Luxembourg
and the Netherlands
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, which was passed to implement the Brussels Convention
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union and the European Free Trade Association...
of 1968 into British law. As well as governing whether the Courts of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
have jurisdiction to hear cases against defendants in other contracting states, the Act provided a statutory basis for the division of jurisdiction between the three jurisdictions within the UK. No provision was made in 1982 for division of jurisdiction between the UK and Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
; this was rectified by the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 which stated that, for the purposes of the 1982 Act, Gibraltar should be treated as a separate contracting state.
A further significant amendment was made to the Act by the Civil Jurisdiction and Judgments Act 1991
Civil Jurisdiction and Judgments Act 1991
The Civil Jurisdiction and Judgments Act 1991 is an Act of Parliament made by the Parliament of the United Kingdom in order to implement the Lugano Convention of 1988 into British law.-Contracting states in 1991:...
which gave Courts power under the Lugano convention
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union and the European Free Trade Association...
, and later by the Civil Jurisdiction and Judgments Order 2001 which gave Courts jurisdiction under Council Regulation (EC) 44/2001 (commonly known as the Judgments Regulation or the Brussels Regulation). The latter applies to all 27 current member states of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
.
Contracting states in 1982
The contracting states to the Brussels ConventionBrussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union and the European Free Trade Association...
in 1982 were the then members of the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
(now the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
). These were Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, (West) Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
.