Article 4 Amendments to the Civil Procedure Rules 1998I1

England and Wales

(1)

Part 6 is amended as follows.

(2)

In rule 6.31(1), for sub-paragraph (d) substitute—

“(d)
“the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)^f1, as amended from time to time and as applied pursuant to the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters^f2;
(For application of the recast Judgments Regulation to Denmark, see also the Official Journal of the European Union at OJ L79, 21.3.2013. p.4)”.

(3)

In rule 6.33—

(a)

in paragraph (2)—

(i)

in sub-paragraph (a), at the beginning insert “subject to paragraph (2A)”; and

(ii)

for sub-paragraph (b) substitute—

“(b)
(i)
the defendant is domiciled in the United Kingdom or in any Member State;
(ii)
the defendant is not a consumer, but is a party to a consumer contract within article 17 of the Judgments Regulation;
(iii)
the defendant is an employer and a party to a contract of employment within article 20 of the Judgments Regulation;
(iv)
the proceedings are within article 24 of the Judgments Regulation; or
(v)
the defendant is a party to an agreement conferring jurisdiction within article 25 of the Judgments Regulation.”; and

(b)

after paragraph (2) insert—

“(2A)
Paragraph (2)(a) does not apply if the jurisdiction conferred by the agreement referred to in paragraph (2)(b)(v) is exclusive.”.

Article 4 Amendments to the Civil Procedure Rules 1998I1

Annotations

Commencement

Footnotes