The Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures) (Scotland) Order 1997

S.I. 1997/2780 · Made 26 November 1997 · Extends to United Kingdom

JUDGMENTS

Made 26th November 1997

Laid before Parliament 8th December 1997

Coming into force 1st January 1998

At the Court at Buckingham Palace, the 26th day of November 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the power conferred on Her by section 27(3) and (4) of the Civil Jurisdiction and Judgments Act 1982^f1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–C1

Annotations to the whole text

Modifications

C1: Order applied (with modifications) (31.12.2020) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (S.I. 2018/1124), regs. 1, 7(3); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1: 1982 c. 27; section 27(3) was amended by paragraph 12(b) of Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c. 12).

1Article 1
2Article 2
3Article 3
Signature
Explanatory note

1I1

This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures) (Scotland) Order 1997 and shall come into force on 1st January 1998.

2I1

The Court of Session shall have power to do anything mentioned in section 27(1) or 28^f1 of the Civil Jurisdiction and Judgments Act 1982 in relation to proceedings of the following descriptions, namely:–

(a)

proceedings commenced otherwise than in F1... F2 a 2005 Hague Convention State;

(b)

proceedings whose subject-matter is not within F3scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention.

3I1

The Court of Session shall have power–

(a)

to grant interim interdict under subsection (1)(c) of section 27 of the Civil Jurisdiction and Judgments Act 1982;

(b)

to act as described in section 28 of that Act,

in relation to proceedings which are to be commenced otherwise than in F1... F2 a 2005 Hague Convention State.

Signature

N. H. Nicholls

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order enlarges the power of the Court of Session to grant provisional and protective measures in aid of legal proceedings in other countries. At present such measures can only be granted where the principal proceedings are taking place in a country which is a party to the 1968 Brussels Convention or the 1988 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and where the proceedings are within the scope of those Conventions. This Order removes those two limitations from the Court’s powers.