Jurisdiction and judgments in the
European Union and EFTA
and 1991; Brussels Convention, 1968; Lugano
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____________________