JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1993

Original version:<a href='/vid/jurisdiction-of-courts-and-748157073'>JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1993</a>
 
FREE EXCERPT


Number 9 of 1993


JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

“Principal Act”.

PART II

Amendments to Principal Act consequent on 1989 Accession Convention

3.

Amendment of section 1 of Principal Act.

4.

Amendment of section 4 of Principal Act.

5.

Amendment of section 14 of Principal Act.

6.

Texts of Conventions and 1971 Protocol.

PART III

Lugano Convention

7.

Interpretation (Part III).

8.

Application (Part III).

9.

Lugano Convention to have force of law.

10.

Interpretation of Lugano Convention.

11.

Application of certain provisions of Principal Act.

FIRST SCHEDULE

Text of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention

SECOND SCHEDULE

Text of the 1971 Protocol as amended by the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention

THIRD SCHEDULE

Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention

FOURTH SCHEDULE

Titles V and VI of the 1982 Accession Convention

FIFTH SCHEDULE

Titles VI and VII of the 1989 Accession Convention

SIXTH SCHEDULE

Text of the Lugano Convention

SEVENTH SCHEDULE

Text of Protocol 1


Act Referred to

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988

1988, No. 3


Number 9 of 1993


JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1993


AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS AND TO THE PROTOCOL ON ITS INTERPRETATION BY THE COURT OF JUSTICE WITH THE ADJUSTMENTS MADE TO THEM BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF DENMARK, OF IRELAND AND OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE ADJUSTMENTS MADE TO THEM BY THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC SIGNED AT SAN SEBASTIÁN ON THE 26th DAY OF MAY, 1989, TO GIVE THE FORCE OF LAW TO THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (INCLUDING PROTOCOL 1 ANNEXED THERETO) SIGNED AT LUGANO ON THE 16th DAY OF SEPTEMBER, 1988, AND FOR THOSE PURPOSES TO AMEND THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (EUROPEAN COMMUNITIES) ACT, 1988 , AND TO PROVIDE FOR RELATED MATTERS. [30th May, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Jurisdiction of Courts and Enforcement of Judgments Act, 1993.

(2) The Principal Act and this Act may be cited together as the Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993, and shall be construed together as one.

(3) This Act shall come into operation on such day or days as, by order or orders made by the Minister for Equality and Law Reform under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(4) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made.

“Principal Act”.

2.—In this Act “the Principal Act” means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 .

PART II

Amendments to Principal Act consequent on 1989 Accession Convention

Amendment of section 1 of Principal Act.

3.—Section 1 of the Principal Act is hereby amended—

(a) in subsection (1), by the substitution of the following definitions for the definitions of “Contracting State” and “the Conventions”:

“‘the 1989 Accession Convention’ means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention and the 1982 Accession Convention) of the Kingdom of Spain and the Portuguese Republic signed at San Sebastián on the 26th day of May, 1989;”,

“‘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 the 1968 Convention under the 1978 Accession Convention, the 1982 Accession Convention or the 1989 Accession Convention (the State, Denmark, the United Kingdom, the Hellenic Republic, Spain and the Portuguese Republic),

being a state in respect of which, as may be appropriate, the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention or the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention or the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention;”,

“‘the Conventions’ means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention;”,

(b) by the substitution of the following subsection for subsection (3):

“(3) 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 the 1968 Convention, the 1971 Protocol or the provision, as the case may be, as amended by—

(i) the 1978 Accession Convention,

(ii) the 1982 Accession Convention, and

(iii) the 1989 Accession Convention in so far as it is in force between the State and a state in respect of which the aforesaid Convention has entered into force in accordance with Article 32 thereof,

(b) any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention and any reference to a subdivision of a numbered Article shall be construed accordingly.”,

and

(c) in subsection (4), by the deletion of “Article 60 or” in each place where it occurs.

Amendment of section 4 of Principal Act.

4.—Section 4 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The following reports (which are reproduced in the Official Journal of the European Communities), namely—

(a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol1 ,

(b) the report by Professor Peter Schlosser on the 1978 Accession Convention2 ,

(c) the report by Professor Demetrios Evrigenis and Professor K. D. Kerameus on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol3 , and

(d) the report by Mr. Almeida Cruz, Mr. Desantes Real and Mr. P. Jenard on the 1989 Accession Convention4 ,

may be considered by any court when interpreting any provision of the Conventions and shall be given such weight as is appropriate in the circumstances.”.

Amendment of section 14 of Principal Act.

5.—Section 14 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) Subject to Title II of the 1968 Convention, the jurisdiction of the Circuit Court as respects proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16 (1) (b) shall, where, apart from this subsection, that jurisdiction would be determined by reference to the place where the defendant or one of the defendants resides or carries on business, be exercised by the judge of the Circuit Court for the time being assigned to the circuit where the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation.”.

Texts of Conventions and 1971 Protocol.

6.—(1) For convenience of reference there are set out in the First , Second , Third , Fourth and Fifth Schedules , respectively, to this Act:

(a) the 1968 Convention, as amended by Titles II and III of the 1978 Accession Convention, Titles II and III of the 1982 Accession Convention and Titles II and III of and Annex I to the 1989 Accession Convention,

(b) the 1971 Protocol, as amended by Title IV of the 1978 Accession Convention, Title IV of the 1982 Accession Convention and Title IV of the 1989 Accession Convention,

(c) Titles V and VI of the 1978 Accession Convention, as amended by the 1989 Accession Convention,

(d) Titles V and VI of the 1982 Accession Convention,

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

being texts prepared from the authentic texts in the English language referred to in Articles 37 and 41 of the 1978 Accession Convention, Article 17 of the 1982 Accession Convention and Article 34 of the 1989 Accession Convention.

(2) Section 3 (2) of, and the First, Second, Third and Fourth Schedules to, the Principal Act are hereby repealed.

PART III

Lugano Convention

Interpretation ( Part III ).

7.—(1) In this Part, unless the context otherwise requires—

“Contracting State” means a state in respect of which the Lugano Convention has entered into force or taken effect in accordance with Article 61 or 62;

“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September, 1988, and includes Protocol 1;

“Protocol 1” means the Protocol on certain questions of jurisdiction, procedure and enforcement signed at Lugano on the 16th day of September, 1988.

(2) A document purporting to be a copy of a judgment given by a court of a Contracting State shall, for the purposes of this Act, be regarded as being duly...

To continue reading

REQUEST YOUR TRIAL