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 (SI 1997/2602) 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.
Contracting states in 1982 The contracting states to the Brussels Convention 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.
Provisions Repealed enactments Section 54(1) of the act repealed 18 enactments, listed in schedule 14 to the act.
CitationShort titleExtent of repeal41 Geo. 3. c. 90Crown Debts Act 1801The preamble.Sections 1 to 8.5 Geo. 4. c. 111Crown Debts Act 1824The whole act.22 & 23 Vict. c. 21Queen's Remembrancer Act 1859Section 24.31 & 32 Vict. c. 54Judgments Extension Act 1868The whole act.31 & 32 Vict. c. 96Ecclesiastical Buildings and Glebes (Scotland) Act 1868In section 4, the words "of the county in which the parish concerned is situated" and the words from "provided" to the end.45 & 46 Vict. c. 31Inferior Courts Judgments Extension Act 1882The whole act.7 Edw. 7. c. 51Sheriff Courts (Scotland) Act 1907In section 5, the words from the first "Provided" to "that jurisdiction".14 & 15 Geo. 5. c. 27Conveyancing (Scotland) Act 1924In section 23(6) the words from "of the county" to "is situated".23 & 24 Geo. 5. c. 13Foreign Judgments (Reciprocal Enforcement) Act 1933In section 4(2)(a)(i), the words from "otherwise" to "that court".Section 4(3)(b).In section 9(1), the word "superior" in both places where it occurs.In section 11(1), the definition of "Judgments given in the superior courts of the United Kingdom".In section 12, in paragraph (a) the words from "(except" to "this Act)", and paragraph (d).In section 13(6), the words "and section two hundred and thirteen", "respectively" and "and 116".14 Geo. 6. c. 37Maintenance Orders Act 1950Section 6.Section 8.Section 9(1)(a).In section 16(2)(b)(v), the words from the beginning to "or".4 & 5 Eliz. 2. c. 46Administration of Justice Act 1956Section 51(a).1963 c. 22Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963Section 3(2).1965 c. 2Administration of Justice Act 1965In Schedule 1, the entry relating to the Crown Debts Act 1801.1971 c. 55Law Reform (Jurisdiction in Delict) (Scotland) Act 1971The whole act.1972 c. 18Maintenance Orders (Reciprocal Enforcement) Act 1972In section 40—(a) in paragraph (a), the words "against persons in that country or territory"; and (b) in paragraph (b), the words "against persons in the United Kingdom".In section 47(3), the words "or 'having ceased to reside'".In the Schedule, paragraph 4.1976 c. 25Fair Employment (Northern Ireland) Act 1976Section 47.1978 c. 23Judicature (Northern Ireland) Act 1978In Part II of Schedule 5—(a) the entry relating to the Crown Debts Act 1801; and (b) in the entry relating to the Foreign Judgments (Reciprocal Enforcement) Act 1933, the word "respectively", where last occurring, and the words "and 116".1981 c. 54Supreme Court Act 1981In Schedule 5, paragraph 2 of the entry relating to the Foreign Judgments (Reciprocal Enforcement) Act 1933.
See also Civil Jurisdiction and Judgments Act 1991 Civil Procedure Rules 1998
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Discussion of Act by a committee of the UK Parliament