Book contents
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- Part I General principles
- Part II Jurisdiction and foreign judgments
- 7 Jurisdiction of the English courts
- 8 Staying of English actions and restraint of foreign proceedings
- 9 Foreign judgments
- 10 Jurisdiction and judgments in the European Union and EFTA
- 11 Arbitration
- Part III Law of obligations
- Part IV Property and succession
- Part V Family law
- Part VI Exclusion of foreign laws
- Part VII Theoretical considerations
- Index
10 - Jurisdiction and judgments in the European Union and EFTA
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- Part I General principles
- Part II Jurisdiction and foreign judgments
- 7 Jurisdiction of the English courts
- 8 Staying of English actions and restraint of foreign proceedings
- 9 Foreign judgments
- 10 Jurisdiction and judgments in the European Union and EFTA
- 11 Arbitration
- Part III Law of obligations
- Part IV Property and succession
- Part V Family law
- Part VI Exclusion of foreign laws
- Part VII Theoretical considerations
- Index
Summary
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).
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 states 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.
- Type
- Chapter
- Information
- Conflict of Laws , pp. 131 - 178Publisher: Cambridge University PressPrint publication year: 2001