Civil Jurisdiction and Judgments Act 1982 (UK)

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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. 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). As noted above, the Taking of Evidence Regulation (the Regulation) is operative between EU member states. Form 111: Certificate of the enforcement in Scotland or Northern Ireland of a money judgment of the High Court or of the County Court (s.for non-contractual obligations, Regulation (EC) No 864/2007 (the Rome II Regulation) applies to events giving rise to damage which occurs after 11 January 2009. An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes. In the overwhelming majority of cases, this is a non-issue, however where the two parties are located in different countries and/or legal jurisdictions, this can be a vital issue for the court to determine.

In England and Wales, that comprises the common law, together with various statutory provisions including, in particular, Part 6 of the Civil Procedure Rules 1998 (notably Practice Direction 6B).The claim form and other documentation is provided to the authorities of the transmitting country who then submit that to the authorities in the receiving country who serve the document and provide a certificate of service. Reproduced with the permission of the Controller of Her Britannic Majesty's Stationery Office from Civil Jurisdiction and Judgments Act 1982, 1982 Chapter 27. Edward has a broad cross-disciplinary practice in employment and equality, private international, human rights and commercial law. If the UK’s request is approved, it will take a further three months for the Convention to be in force for the UK.