Explanatory note

In an Exchange of Notes the Governments of the United Kingdom and Canada agreed to amend the Convention between them on the reciprocal enforcement of judgments to provide for the assumption by the United Kingdom of an obligation of a kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Lugano on 16th September 1988, and implemented by the Civil Jurisdiction and Judgments Act 1982, as amended. Under this agreement the United Kingdom undertakes that it will not recognise or enforce judgments given against persons domiciled or habitually resident in Canada by other States parties to the 1988 Convention if the judgment could only have been based on a ground of jurisdiction specified in Article 3 of that Convention (which specifies certain exorbitant grounds of jurisdiction). This Order amends the text of the Convention as set out in the Schedule to the 1987 Order to reflect the Exchange of Notes and makes a declaration in terms of section 9(2) of the 1982 Act.