The Civil Jurisdiction and Judgments Regulations 2007

© Crown Copyright 2007

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" "the Regulation" means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62).".

    (3) In section 1(3)—

(a) for the definition of "Brussels Contracting State" substitute—

" "Brussels Contracting State" means a state which is one of the original parties to the 1968 Convention or one of the parties acceding to that Convention under the Accession Convention, or under the 1982 Accession Convention, or under the 1989 Accession Convention, but only with respect to any territory--
(a) to which the Brussels Conventions apply; and

(b) which is excluded from the scope of the Regulation pursuant to Article 299 of the Treaty establishing the European Community;"; and



(b) for the definition of "Regulation State" substitute—

" "Regulation State" in any provision, in the application of that provision in relation to the Regulation, means a Member State.".

Amendments to the Civil Jurisdiction and Judgments Order 2001
     3. —(1) The Civil Jurisdiction and Judgments Order 2001[5] is amended in accordance with this regulation.

    (2) In article 2(1)—

(a) after the definition of "the Act" insert—

" "the 2005 Agreement" means the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[6];";

(b) for the definition of "the Regulation" substitute—

" "the Regulation" means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the 2005 Agreement;"; and

(c) for the definition of "Regulation State" substitute—

" "Regulation State" in any provision, in the application of that provision in relation to the Regulation, means a Member State.".

    (3) After article 3, insert—

" The 2005 Agreement
     3A. The Regulation shall have effect as regards Denmark in accordance with the 2005 Agreement.".

Amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001
     4. —(1) The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001[7] is amended in accordance with this regulation.

    (2) In article 1(2)—

(a) for the definition of "the Regulation" substitute—

" "the Regulation" means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[8];"; and

(b) for the definition of "Regulation State" substitute—

" "Regulation State" in any provision, in the application of that provision in relation to the Regulation, means a Member State;".

Consequential Amendments
     5. The Schedule to these Regulations (which makes consequential provisions) shall have effect.



Signed by authority of the Lord Chancellor


Catherine Ashton
Parliamentary Under Secretary of State Ministry of Justice

8th June 2007

(a) in subparagraph (j), after "civil and commercial matters" insert ", as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[36]"; and

(b) in subparagraph (k), for the definition of "Regulation State", substitute—

" "Regulation State" means a Member State.".

     30. In rule 12.11 (supplementary provisions where applications for default judgment are made), in paragraph (6)—

(a) in subparagraph (e) after "civil and commercial matters" insert ", as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[37]"; and

(b) in subparagraph (f), for the definition of "Regulation State", substitute—

" "Regulation State" means a Member State.".

     31. In Part 74 (Enforcement of judgments in different jurisdictions)—

(a) in rule 74.1 (scope of this Part and interpretation), in paragraph (5)(d), after "civil and commercial matters" insert ", as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[38]"; and

(b) in rule 74.2 (interpretation), in paragraph (1)(b), for the definition of "Regulation State", substitute—

" "Regulation State" means a Member State;".

The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979)
     32. —(1) The Financial Markets and Insolvency (Settlement Finality) Regulations 1999[39] are amended in accordance with this paragraph.

    (2) In regulation 25 (insolvency proceedings in other jurisdictions), in paragraph (3), after "civil and commercial matters" insert ", as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[40]".

The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)
     33. The Community Legal Service (Financial) Regulations 2000[41] are amended as follows.

     34. In regulation 3 (financial eligibility), in paragraph (1)(g)(iii), after "civil and commercial matters" insert ", as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[42]".

     35. In regulation 5D (waiver of eligibility limit and contributions in cross-border disputes)—

(a) omit the definition of "Member State"; and

(b) in paragraph (4), after "civil and commercial matters" insert ", as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[43]".

Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002 (S.I. 2002/2972 (S.12))
     36. —(1) The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002[44] are amended in accordance with this paragraph.

    (2) In regulation 4 (recognition or enforcement of tribunal decisions in another Regulation State), in paragraph (5)(a), after "civil and commercial matters" insert ", as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[45]".

[2] The European Communities (Designation) (No.2) Order 2007 (S.I. 2007/1349).back

[3] 1972 c 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51).back

[4] 1982 c.27. There are relevant amendments in S.I. 1989/1346, S.I. 1990/2591, S.I. 2000/1824 and S.I. 2001/3929, and in the Civil Jurisdiction and Judgments Act 1991 (1991 c.12).back

[5] S.I. 2001/3929.back

[6] OJ No. L 299 16.11.2005 at p62.back

[7] S.I. 2001/3928.back

[8] OJ No. L 299 16.11.2005 at p62.back

[9] 1947 c.24.back

[10] 1955 c.18.back

[11] 1955 c.19.back

[12] 1957 c.53.back

[13] 1958 c.39.back

[14] 1970 c.31.back

[15] 1971 c.32.back

[16] 1980 c.43.back

[17] 1982 c.37.back

[18] 1984 c.42.back

[19] 1989 c.40.back

[20] 1992 c.5.back

[21] 1992 c.8.back

[22] 2004 c.33.back

[23] 2007 asp6.back

[24] S.R. 1965 No. 217.back

[25] There are relevant amendments in S.R. 1986 No. 346 and S.I. 2001/3929.back

[26] OJ No. L 299 16.11.2005 at p62.back

[27] 1981 No. 1675 (N.I. 26).back

[28] OJ No. L 299 16.11.2005 at p62.back

[29] OJ No. L 299 16.11.2005 at p62.back

[30] OJ No. L 299 16.11.2005 at p62.back

[31] 1989 No. 677 (N.I. 4).back

[32] OJ No. L 299 16.11.2005 at p62.back

[33] 1999 No.1504 (N.I. 10).back

[34] OJ No. L 299 16.11.2005 at p62.back

[35] S.I. 1998/3132. There are relevant amendments in S.I. 2001/4015.back

[36] OJ No. L 299 16.11.2005 at p62.back

[37] OJ No. L 299 16.11.2005 at p62.back

[38] OJ No. L 299 16.11.2005 at p62.back

[39] S.I. 1999/2979.back

[40] OJ No. L 299 16.11.2005 at p62.back

[41] S.I. 2000/516. There are relevant amendments in S.I. 2001/3929 and S.I. 2004/2899.back

[42] OJ No. L 299 16.11.2005 at p62.back

[43] OJ No. L 299 16.11.2005 at p62.back

[44] S.I. 2002/2972.back

[45] OJ No. L 299 16.11.2005 at p62.back