Civil Jurisdiction and Judgments Act 1982 (UK)

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From 1 January 2021 however, the above position no longer applies and claimants in such cases, having claims issued after that date, will have to seek the court’s permission to serve documents in their proceedings on defendants in those countries. Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. Such jurisdiction may have arisen for instance, because the claim form had been served on the defendant while it was temporarily in the United Kingdom, even for a brief period. Please also list any non-financial associations or interests (personal, professional, political, institutional, religious or other) that a reasonable reader would want to know about in relation to the submitted work. The convention established a scheme to determine the international jurisdiction of the courts of the member states, and to facilitate recognition and introduce an expeditious procedure for securing the enforcement of judgments within the Community.

The court noted that the 1975 Act applies to a wide range of evidence, including the production of documents, and covers not just foreign proceedings which are “up and running”, but also proceedings which are being contemplated. The position for the latter four countries relates to the Lugano Convention (‘Convention’), which concerns jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The convention on the accession of Spain and Portugal, the two final states, was signed on 26th of last month. It was given the force of law in domestic law on 1 January 2021 by the Private International Law (Implementation of Agreements) Act 2020, which also amended the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (SI 2018/1124).

The claim, as indicated, had to concern civil and commercial matters, such as contract and tort claims, and could not be pending in a court in any other part of the United Kingdom, an EU member state or in a Convention territory. In the context of Brexit, the Regulation will continue to apply to the UK until the end of the transition period.

Convoy applied for a freezing injunction against Dr Cho in the British Virgin Islands ( BVI) and sought permission to serve the application out of the jurisdiction. The Court of Appeal put it no higher than that there needs to be “grounds for believing” that the respondents had assets.I am particularly grateful to him for not requiring me to pronounce the names of the two Greek professors who now find themselves by name within our legislation. Even if the applicant had a good arguable case, it was unlikely that it could be pursued in England and instead foreign proceedings were likely. EU Exit) Regulations 2018 (SI 2018/1311), were amended with effect from 11pm on 31 December 2020 to ensure in particular that their provisions are consistent with Title VI of the Withdrawal Agreement. In the case of judgments arising from exclusive choice of court agreements within scope of the 2005 Hague Convention, the Convention rules apply. The circumstances in which it is likely to be available are narrower, that is, where there is a fairly clear-cut case of fraud and the applicant seeks disclosure of confidential documents, usually from the defendant’s bank, to support a proprietary claim to trace assets.

g. those of Brussels Ia and Lugano respectively) where the parties have concluded a court settlement, or formally drawn up or registered an “authentic instrument”, before the end of the transition period, and recognition and enforcement is sought after that date in England or Wales. Working remotely outside the UK—considerations for UK employersEmployers are receiving more requests from employee to work from home. 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. This sets out the circumstances in which, and procedures by which, the English courts may assist foreign courts in obtaining evidence required for use in overseas proceedings. Prior to Brexit, a claimant in a civil or commercial matter did not require the English court’s permission to serve the claim on a defendant located in an EU member state or in Denmark, Iceland, Norway or Switzerland (CPR Rule 6.

Petitioners: Currie, QC, Smith; Semple Fraser Respondents: Davidson, QC, Wolffe; Campbell Smith, WS 19, him to change his opinion. I should say that Section 3 already permits reference to the corresponding reports on the Brussels Convention and on the earlier accession convention—that is, the 1978 convention under which the United Kingdom acceded, and this Greek report completes the picture. Scottish employment tribunal practice and procedureThis Practice Note highlights the main differences in the practice of employment tribunals in Scotland when compared with those sitting in England and Wales.