Civil Jurisdiction and Judgments Act 1982 (UK)

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This statutory instrument also preserves and amends the Rome Convention Rules, which are set out in the Contracts (Applicable Law) Act 1990, so that they still apply to contracts entered into between 1 April 1991 and 16 December 2009. the Rome 2 Regulation applies in respect of events giving rise to damage, where such events occurred on or after 11 January 2009 (including after the end of the transition period).

Where a defendant is outside the United Kingdom, the claim form and other documents in the proceedings will have to be served on the defendant overseas. If the claim is a common law claim brought in the courts, such as a claim for damages for breach of contract or to enforce post-termination restrictions (restrictive covenants), the rules on jurisdiction in CJJA 1982 and the Civil Procedure Rules (CPR) will apply. The position for the latter four countries relates to the Lugano Convention (‘Convention’), which concerns jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. It is most important that practitioners, academics and others should have set out in a convenient form, and in one place, the current texts.Articles 3 to 6 effect the necessary amendments to the definitions contained in Section 1 of the Act to include the Greek accession convention, referred to as "the 1982 Accession Convention"; and to include Greece within the definition of a "contracting state". In granting permission for service out of the jurisdiction, the court will set out the time within which the defendant has to take certain steps, like filing an acknowledgment of service or a defence, or any other document. I am particularly grateful to him for not requiring me to pronounce the names of the two Greek professors who now find themselves by name within our legislation.

It makes only those changes to the 1982 Act which are directly consequent upon Greek accession to the Brussels Convention: it makes no changes of substance. They replace Schedules 1 and 2 to the 1982 Act which contained, respectively, the text of the Brussels Convention and of the 1971 Protocol, each as amended by the 1978 accession convention. However, in the majority of cases the English courts will look to ensure that the applicable law is the law of England and Wales. Working remotely outside the UK—considerations for UK employersEmployers are receiving more requests from employee to work from home. When considering a dispute between two parties, the court will need to determine what the ‘Applicable Law’ is, and whether the court has jurisdiction.Reproduced with the permission of the Controller of Her Britannic Majesty's Stationery Office from Civil Jurisdiction and Judgments Act 1982, 1982 Chapter 27. Edward is particularly sought after for challenging cases raising novel points of law and sensitive factual disputes requiring creative thinking and flexible advocacy skills. The court may also issue directions concerning the method of service or give permission for the service of other documents in the proceedings to be served out of the jurisdiction (CPR Rule 6. In the case of judgments arising from exclusive choice of court agreements within scope of the 2005 Hague Convention, the Convention rules apply.