10
Jurisdiction and judgments in the
European Union and EFTA

General: Civil Jurisdiction and Judgments Acts 1982
and 1991; Brussels Convention, 1968; Lugano
Convention, 1989

The Civil Jurisdiction and Judgments Act 1982 signified a radical departure from the common law and statutory rules as regards the jurisdiction of the English courts over persons who are domiciled in other member states of the European Community and with respect to the recognition and enforcement of judgments of the courts of other member states. It incorporates into English law the provisions of the EC Convention on Jurisdiction and Judgments in Civil and Commercial Matters, 1968 (the Brussels Convention).1

Article 220 of the EC Treaty obliged the original members of the EC to enter into negotiations to secure for their nationals simplification of formalities governing the recognition and enforcement of judgements, but the framers of the 1968 Convention went further and laid down rules of jurisdiction as well. Article 63 of the Convention itself required any new member states to accept the Convention as a basis for negotiations for their accession to the treaties contemplated by Article 220 of the EC Treaty, including the 1968 Convention itself. Ultimately, after some adjustments were made to the 1968 Convention, an Accession Convention by which the three new member states2 agreed to accede to the 1968 Convention and to the subsequent Protocol on Interpretation of 1971 was signed in 1978. Greece acceded in 1982 and by the San Sebastian Convention, 1989, Spain and Portugal did likewise.

The 1982 Act has the main purpose of implementing the 1968 Convention (as amended by the Accession Conventions of 1978, 1982 and 1989) and the Protocol of 1971. It also contains rules of jurisdiction and rules for the enforcement of judgments as between the constituent parts of the United Kingdom.3 The Act gives the Conventions the force

____________________
1
This entered into force in 1973. For the EU Regulation see pp. 175–8 below.
2
The United Kingdom, Republic of Ireland and Denmark.
3
See p. 174–5 below.

-131-

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Conflict of Laws
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Preface to the Third Edition vii
  • Table of Statutes viii
  • Table of Cases xxiv
  • Part I - General Principles 1
  • 1 - Introduction 3
  • 2 - Characteristics of the English 8
  • 3 - Choice of Law Rules 11
  • 4 - Proof of Foreign Law 33
  • 5 - Domicile and Residence 37
  • 6 - Substance and Procedure 60
  • Part II - Jurisdiction and Foreign Judgments 69
  • 7 - Jurisdiction of the English Courts 71
  • 8 - Staying of English Actions and Restraint of Foreign Proceedings 84
  • 9 - Foreign Judgments 109
  • 10 - Jurisdiction and Judgments in the European Union and Efta 131
  • 11 - Arbitration 179
  • Part III - Law of Obligations 187
  • 12 - Contract 189
  • 13 - Tort 220
  • Part IV - Property and Succession 241
  • 14 - Property Inter Vivos 243
  • 15 - Succession 268
  • 16 - Matrimonial Property Relations 277
  • 17 - Trusts 286
  • Part V - Family Law 293
  • 18 - Marriage 295
  • 19 - Matrimonial Causes 319
  • 20 - Children 334
  • Part VI - Exclusion of Foreign Laws 359
  • 21 - Public Policy 361
  • Part VII - Theoretical Considerations 375
  • 22 - Reasons for and Basis of the Conflict of Laws 377
  • 23 - Public International Law and the Conflict of Laws 386
  • Index 395
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