Commercial and Maritime Statutes

Peter MacDonald Eggers, Simon Picken

• Publisher: Informa Law from Routledge
• Year: 2013
• Print ISBN: 9781859785041
• eBook ISBN: 9781317912910
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

This collection of statutes form a reference point for the maritime, commercial and insurance litigator. It covers 35 statutes, some with a commentary and list of key cases to aid with interpretation of the statute.

Civil Jurisdiction and Judgments Act 1982

Commencement date:	1 January 1987 (Brussels Convention)
Implementing:	Brussels (1968) and Lugano (1988) Conventions on Civil Jurisdiction and Judgments
Reports:	Schlosser Report (OJ 1979 C. 59/71); Jenard Report (OJ 1979 C. 59/1); Jenard and Möller Report (OJ 1990 C. 189/57)

An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes

PART I

IMPLEMENTATION OF THE CONVENTIONS

Main implementing provisions

1. Interpretation of references to the Conventions and Contracting States

(1) In this Act—

“the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

“the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

“the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;

“the 1989 Accession Convention” means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention an the 1971 Protocol, with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia—San Sebastián on 26th May 1989,

“the 1996 Accession Convention” means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,

“the Brussels Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention.

“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocols annexed to that Convention) opened for signature at Lugano on 16th September 1988 and signed by the United Kingdom on 18th September 1989.

(2) In this Act, unless the context otherwise requires—

(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention; and

(aa) references to, or to any provision of, the Lugano Convention are references to that Convention as amended on the accession to it of Poland; and

(b) any reference in any provision to a numbered Article without more is a reference—

(i) to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii) to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.

(3) In this Act—

“Contracting State”, without more, in any provision means—

(a) in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; and

(b) in the application of the provision in relation to the Lugano Convention, a Lugano Contracting State;

“Brussels Contracting State” means—

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal), or under the 1996 Accession Convention (Austria, Finland and Sweden),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, or being a state in respect of which the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention, as the case might be.

“Lugano Contracting State” means

(a) one of the original parties to the Lugano Convention, that is to say—Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom, or

(b) a party who has subsequently acceded to that Convention that is to say, Poland being a State in relation to which that Convention has taken effect in accordance with paragraph 3 or 4 of Article 61.

2. The Brussels Conventions to have the force of law

(1) The Brussels Conventions shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.

(2) For convenience of reference there are set out in Schedules 1, 2, 3, 3A, 3B and 3C respectively the English texts of—

(a) the 1968 Convention as amended by Titles II and III of the Accession Convention, by Titles II and III of the 1982 Accession Convention, by Titles II and III of, and Annex 1(d) to, the 1989 Accession Convention, and by Titles II and III of the 1996 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention and by Title IV of the 1989 Accession Convention, and by Title IV of the 1996 Accession Convention;

(c) Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d) Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e) Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

(f) Titles V and VI of the 1996 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention, in Article 34 of the 1989 Accession Convention and in Article 18 of the 1996 Accession Convention.

Case: The Po [1991] 2 Lloyd’s Rep 206

3. Interpretation of the Brussels Conventions

(1) Any question as to the meaning or effect of any provision of the Brussels Conventions shall, if not referred to the European Court in accor...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• Table of Cases
• Abbreviations
• Introduction
• Arbitration Act 1950, Part II
• Arbitration Act 1996
• Carriage of Goods by Road Act 1965
• Carriage of Goods by Sea Act 1971
• The Hague Rules
• Carriage of Goods by Sea Act 1992
• Civil Evidence Act 1968
• Civil Evidence Act 1972
• Civil Evidence Act 1995
• Civil Jurisdiction and Judgments Act 1982
• Civil Liability (Contribution) Act 1978
• Civil Procedure Act 1997
• Commercial Agents (Council Directive) Regulations 1993
• Council Directive of 18 December 1986 (86/653/EEC)
• Contracts (Applicable Law) Act 1990
• Contracts (Rights of Third Parties) Act 1999
• Evidence (Proceedings in Other Jurisdictions) Act 1975
• Foreign Limitation Periods Act 1984
• Insurance Companies Act 1982
• Judgments Act 1838
• Late Payment of Commercial Debts (Interest) Act 1998
• Law Reform (Contributory Negligence) Act 1945
• Limitation Act 1980
• Marine Insurance Act 1906
• Misrepresentation Act 1967
• Private International Law (Miscellaneous Provisions) Act 1995
• Sale of Goods Act 1979
• Supply of Goods and Services Act 1982
• Supreme Court Act 1981: Parts I and II
• Third Parties (Rights against Insurers) Act 1930
• Torts (Interference with Goods) Act 1977
• Unfair Contract Terms Act 1977
• ICC Uniform Customs and Practice for Documentary Credits (1993; UCP 500)