The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

Made: 4th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before, and approved by, a resolution of each House of Parliament.

PART 1 — Introduction

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

• (2) Subject to paragraph (3), these Regulations extend to England and Wales, Scotland and Northern Ireland.

• (3) Any amendment made by these Regulations has the same extent as the provision it amends.

PART 2 — Amendment of primary legislation

Administration of Justice Act 1970

2

In the Administration of Justice Act 1970 , in Schedule 8 (maintenance orders for the purpose of the Maintenance Orders Act 1958), omit paragraphs 13 and 13A.

Attachment of Earnings Act 1971

3

In the Attachment of Earnings Act 1971 , in Schedule 1 (maintenance orders to which this Act applies)—

• (a) omit paragraph 13 (orders under Part 1 of the Civil Jurisdiction and Justice Act 1982);

• (b) omit paragraph 14 (orders under Council Regulation (EC) No 44/2001).

Civil Jurisdiction and Judgments Act 1982

4

The Civil Jurisdiction and Judgments Act 1982 is amended as follows.

5

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6

• (1) Section 1 (interpretation of references to the Brussels and other Conventions and Contracting States) is amended as follows.

• (2) In subsection (1)—

• (a) omit the definitions of—

• (i) “the 1996 Accession Convention”;

• (ii) “the Brussels Conventions”;

• (iii) “the Lugano Convention”;

• (b) in the definition of “the Regulation”—

• (i) omit “as amended from time to time and”; and

• (ii) after “p4)”, insert “as that Regulation had effect and was applied immediately before IP completion day”.

• (3) Omit subsection (2).

• (4) In subsection (3)—

• (a) in the definition of “Contracting State”, omit paragraphs (a) and (b);

• (b) omit the definition of “Brussels Contracting State”;

• (c) omit the definitions of—

• (i) “State bound by the Lugano Convention”;

• (ii) “Regulation State”.

• (5) Omit subsection (4).

7

Omit section 2 (the Brussels Conventions to have the force of law).

8

Omit section 3 (interpretation of the Brussels Conventions).

9

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10

Omit section 4 (enforcement of judgments, other than maintenance orders, under the 1968 Convention).

11

Omit section 4A (enforcement of judgments, other than maintenance orders, under the Lugano Convention).

12

Omit section 5 (recognition and enforcement of maintenance orders: applications under Article 31 of the 1968 Convention).

13

Omit section 5A (recognition and enforcement of maintenance orders under the Lugano Convention).

14

Omit section 6 (appeals under Articles 37(2) and 41 of the 1968 Convention).

15

Omit section 6A (appeals under Article 44 and Annex IV of the Lugano Convention).

16

• (1) Section 7 (interest on registered judgments) is amended as follows.

• (2) In subsection (1)—

• (a) omit “Subject to subsection (4),”;

• (b) omit “4, 4A,”;

• (c) omit “, 5 or 5A”;

• (d) omit “apart from section 4(2),”.

• (3) Omit subsection (3).

• (4) Omit subsection (4).

• (5) In subsection (5)—

• (a) omit “Except as mentioned in subsection (4),”;

• (b) omit “4, 4A,”;

• (c) omit “, 5 or 5A”.

17

Omit section 8 (currency of payment under registered maintenance orders).

18

• (1) Section 9 (provisions supplementary to Title VII of the 1968 Convention) is amended as follows.

• (2) In the heading, for “Provisions supplementary to Title VIII of 1968 Convention” substitute “ Provisions supplementary to Article 26 of the 2005 Hague Convention ”.

• (3) In subsection (1)—

• (a) omit the words from the beginning to “Lugano Convention and”;

• (b) for “the Convention in question” substitute “ the 2005 Hague Convention ”.

19

Omit section 10 (allocation within UK of jurisdiction with respect to trusts and consumer contracts where section 16 does not apply).

20

Omit section 11 (proof and admissibility of certain judgments and related documents).

21

Omit section 11A (proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention).

22

In section 12 (provision for issue of copies of, and certificates in connection with, UK judgments), omit “the 1968 Convention, the Lugano Convention or”.

23

Omit section 13 (modifications to cover authentic instruments and court settlements).

24

Omit section 14 (modifications consequential on revision of the Brussels Conventions).

25

• (1) Section 15 (interpretation of Part 1 and consequential amendments) is amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “judgment”, omit the words from “Article 25” to “Lugano Convention or”;

• (b) omit the definition of “maintenance order”;

• (c) omit the definition of “payer”.

• (3) In subsection (2)—

• (a) omit “4, 4A,”;

• (b) omit “, 5 or 5A”.

• (4) In subsection (3), omit the words from “the 1968” to “Lugano Convention or”.

26

Before section 16, insert—

(15A) (1) Sections 15B to 15E make provision about the jurisdiction of courts in the United Kingdom— (a) in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom; (b) in matters relating to individual contracts of employment. (2) Sections 15B and 15C apply only if the subject-matter of the proceedings and the nature of the proceedings are within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before IP completion day in relation to the proceedings). (3) Sections 15B to 15E do not apply to proceedings of a description listed in Schedule 5 or to proceedings in Scotland under an enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds. (15B) (1) This section applies in relation to proceedings whose subject-matter is a matter relating to a consumer contract where the consumer is domiciled in the United Kingdom. (2) The consumer may bring proceedings against the other party to the consumer contract— (a) where the other party to the consumer contract is domiciled in the United Kingdom, in the courts of the part of the United Kingdom in which the other party to the consumer contract is domiciled, or (b) in the courts for the place where the consumer is domiciled (regardless of the domicile of the other party to the consumer contract). (3) Proceedings may be brought against the consumer by the other party to the consumer contract only in the courts of the part of the United Kingdom in which the consumer is domiciled. (4) Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly). (5) Subsections (2) and (3) do not affect— (a) the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending, (b) the operation of rule 3(e) or (h)(ii) of Schedule 4, or (c) the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom. (6) Subsections (2) and (3) may be departed from only by an agreement— (a) which is entered into after the dispute has arisen, (b) which allows the consumer to bring proceedings in courts other than those indicated in this section, or (c) which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the United Kingdom and in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part of the United Kingdom, provided that such an agreement is not contrary to the law of that part of the United Kingdom. (7) For the purposes of this section, where a consumer enters into a consumer contract with a party who is not domiciled in the United Kingdom, the other party to the contract is deemed to be domiciled in a particular part of the United Kingdom if that party has a branch, agency or establishment in that part of the United Kingdom and the dispute arose out of the operations of that branch, agency or establishment. (15C) (1) This section applies in relation to proceedings whose subject-matter is a matter relating to an individual contract of employment. (2) The employer may be sued by the employee— (a) where the employer is domiciled in the United Kingdom, in the courts for the part of the United Kingdom in which the employer is domiciled, (b) in the courts for the place in the United Kingdom where or from where the employee habitually carries out the employee's work or last did so (regardless of the domicile of the employer), or (c) if the employee does not or did not habitually carry out the employee's work in any one part of the United Kingdom or any one overseas country, in the courts for the place in the United Kingdom where the business which engaged the employee is or was situated (regardless of the domicile of the employer). (3) If the employee is domiciled in the United Kingdom, the employer may only sue the employee in the part of the United Kingdom in which the employee is domiciled (regardless of the domicile of the employer). (4) Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly). (5) Subsections (2) and (3) do not affect— (a) the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending, (b) the operation of rule 3(e) of Schedule 4, (c) the operation of rule 5(a) of Schedule 4 so far as it permits an employer to be sued by an employee, or (d) the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom. (6) Subsections (2) and (3) may be departed from only by an agreement which— (a) is entered into after the dispute has arisen, or (b) allows the employee to bring proceedings in courts other than those indicated in this section. (7) For the purposes of this section, where an employee enters into an individual contract of employment with an employer who is not domiciled in the United Kingdom, the employer is deemed to be domiciled in the relevant part of the United Kingdom if the employer has a branch, agency or other establishment in that part of the United Kingdom and the dispute arose from the operation of that branch, agency or establishment. (15D) (1) Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of section 15B(6) or 15C(6). (2) Even if it would not otherwise have jurisdiction under section 15B or 15C, a court of a part of the United Kingdom before which a defendant enters an appearance has jurisdiction in those proceedings. (3) Subsection (2) does not apply where — (a) appearance was entered to contest the jurisdiction, or (b) another court in the United Kingdom has exclusive jurisdiction by virtue of rule 11 of Schedule 4. (4) Subsection (2) does not apply if the defendant is the consumer or employee in relation to the subject-matter of the proceedings, unless the defendant is informed by the court of— (a) the defendant's right to contest the jurisdiction, and (b) the consequences of entering or not entering an appearance. (5) Subsection (6) applies where— (a) a defendant domiciled in the United Kingdom is sued in a court of a part of the United Kingdom other than the part in which the defendant is domiciled and does not enter an appearance, and (b) the subject-matter of the proceedings is a matter in relation to which section 15B or 15C applies. (6) The court must— (a) declare of its own motion that it has no jurisdiction, unless it has jurisdiction by virtue of section 15B or 15C or a rule referred to in section 15B(4) or (5) or 15C(4) or (5); (b) stay the proceedings so long as it is not shown that— (i) the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable the defendant to arrange for the defendant's defence, or (ii) all necessary steps have been taken to this end. (7) Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, by virtue of section 15B or 15C or this section, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter. (15E) (1) In sections 15A to 15D and this section— - “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; - “consumer contract” means— 1. a contract for the sale of goods on instalment credit terms, 2. a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or 3. a contract which has been concluded with a person who— 1. pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled, or 2. by any means, directs such activities to that part or to other parts of the United Kingdom including that part, - “defendant” includes defender. (2) In determining any question as to the meaning or effect of any provision contained in sections 15A to 15D and this section— (a) regard is to be had to any relevant principles laid down before IP completion day by the European Court in connection with Title II of the 1968 Convention or Chapter 2 of the Regulation and to any relevant decision of that court before IP completion day as to the meaning or effect of any provision of that Title or Chapter, and (b) without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and are, so far as relevant, to be given such weight as is appropriate in the circumstances.

27

Before section 16, but after the provision inserted by regulation 26, insert— “ Jurisdiction in other civil proceedings ”.

28

• (1) Section 16 (allocation within UK of jurisdiction in certain civil proceedings) is amended as follows.

• (2) In subsection (1)(a), for “has effect” substitute “would have had effect before IP completion day”.

• (3) After subsection (1), insert—

(1A) This section and Schedule 4 do not apply for the purposes of determining jurisdiction in proceedings in relation to which section 15B, 15C or 15D(2) applies, except as specified in those sections.

• (4) In subsection (3)(b), for “the reports mentioned in section 3(3)” substitute “the expert reports relating to the 1968 Convention”.

• (5) After subsection (3) insert—

(3A) The requirement in subsection (3)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.

• (6) In subsection (4)—

• (a) omit “the Regulation,”;

• (b) omit “the 1968 Convention, the Lugano Convention”;

• (c) for “section 17” substitute “sections 15B, 15C, 15D and 17”.

29

Before section 18, insert— “ Recognition of judgments ”.

30

In section 18 (enforcement of UK judgments in other parts of the UK), in subsection (7), omit “or section 4 or 5 of this Act”.

31

• (1) Section 20 (rules as to jurisdiction in Scotland) is amended as follows.

• (2) In subsection (1), omit “the Regulation, to”.

• (3) In subsection (5)(b), for “the reports mentioned in section 3(3)” substitute “ the expert reports relating to the 1968 Convention ”.

• (4) After subsection (5) insert—

(6) The requirement in subsection (5)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.

32

• (1) Section 24 (interim relief and protective measures in cases of doubtful jurisdiction) is amended as follows.

• (2) In subsection (1)—

• (a) omit paragraph (b), the “or” preceding it, and the “or” following it;

• (b) omit paragraph (c) and the “or” following it.

• (3) In subsection (2)—

• (a) omit paragraph (b), the “or” preceding it, and the “or” following it;

• (b) omit paragraph (c) and the “or” following it.

33

• (1) Section 25 (interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a)—

• (i) omit “a Brussels Contracting State or a State bound by the Lugano Convention or”;

• (ii) omit “or a Regulation State”;

• (b) in paragraph (b)—

• (i) omit “either within the scope of the Regulation, as determined by Article 1 of the Regulation,”;

• (ii) omit “within scope of the Lugano Convention as determined by Article 1 of the Lugano Convention or”;

• (iii) omit “the Regulation” in the third place it occurs;

• (iv) omit “the Lugano Convention or” in the second place it occurs.

• (3) In subsection (3)—

• (a) in paragraph (a)—

• (i) omit “a Brussels Contracting State or a State bound by the Lugano Convention or”;

• (ii) omit “or Regulation State”;

• (b) in paragraph (b)—