I regret that I am not in a position to give either the noble and learned Lord or the noble Lord who have participated in this brief debate any precise figures on the number of occasions on which the convention has been used. The 12 states have also undertaken to ratify the Spanish and Portuguese accession convention before the end of 1992. On 8 April 2020, the Government applied for the UK to rejoin the Lugano Convention as an independent contracting state. 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.

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. These were Belgium, Denmark, France, (West) Germany, Greece, Republic of Ireland, Italy, Luxembourg and the Netherlands.

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. Article 8 amends Section 3 of the Act to permit United Kingdom courts, in ascertaining the meaning or effect of any provision of the Brussels Convention or the accession conventions, to consider the report on the Greek accession convention drawn up by two eminent Greek academic lawyers.

However, Norwich Pharmacal was not cited in Westinghouse, and for a number of years thereafter it was apparently accepted that Norwich Pharmacal relief would be available in aid of actual or contemplated foreign proceedings, such as in Omar v Omar. 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. RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. A similar exception applies as with the case consumer contracts in that the employer and employee can agree otherwise once the dispute has arisen or where they had agreed to allow the employee to bring proceedings in some other court (CJJA section 15(C)(6)).

AN ACT TO CONSOLIDATE THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACTS, 1988 AND 1993, TO GIVE THE FORCE OF LAW TO THE CONVENTION SIGNED AT BRUSSELS ON THE 29TH DAY OF NOVEMBER, 1996 ON THE ACCESSION OF THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS AND TO THE PROTOCOL ON ITS INTERPRETATION BY THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES WITH THE ADJUSTMENTS MADE TO THEM BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF DENMARK, OF IRELAND AND OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, BY THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC AND BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND TO PROVIDE FOR RELATED MATTERS. The Brussels Convention was drawn up between the six original member states of the European Community under Article 220 of the treaty, which provides that member states shall enter into negotiations with each other with a view to securing for the benefit of their nationals, inter alia, the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals.

The treatment of transitional cases by EU member state courts is governed by Title VI, Part 3 of the Withdrawal Agreement.Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To save this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (SI 2019/479), which came into force at the end of the transition period (11pm on 31 December 2020), set out a number of amendments to legislation in the field of civil judicial cooperation in civil and commercial matters, including rules of jurisdiction and recognition and enforcement of judgments. After Brexit, the situation is different, and this article describes the provisions for service out of jurisdiction that now apply under the Civil Procedure Rules (‘CPR’).

It makes only those changes to the 1982 Act which are directly consequent upon Greek accession to the Brussels Convention: it makes no changes of substance. One remaining case where no permission is required is when the defendant is in a country where the Hague Convention on Choice of Court Agreements of 2005 (‘the 2005 Hague Convention’) is in force (CPR Rule 6. Although section 25 of the Civil Jurisdiction and Judgments Act 1982 already gives English courts the power to grant injunctive relief in support of foreign jurisdictions (in conjunction with specific gateway for service of such claims under CPR PD 6B 3. The Court of Appeal put it no higher than that there needs to be “grounds for believing” that the respondents had assets.Articles 3 to 6 effect the necessary amendments to the definitions contained in Section 1 of the Act to include the Greek accession convention, referred to as "the 1982 Accession Convention"; and to include Greece within the definition of a "contracting state". For consumer and employment claims – some specific provision on jurisdiction is made in sections 15B to 15E of the Civil Jurisdiction and Judgments Act 1982. He is singled out for his exceptional legal ability having been consistently described as “extremely bright…always does a first class job” (Legal 500 2021), “extremely intelligent” (Legal 500 2018), “exceptionally talented” (Chambers and Partners 2013) and “one to watch” (Chambers and Partners 2016).