Civil Jurisdiction Act 2001


Published: 2012-09-01

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Civil Jurisdiction Act 2001

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AT 28 of 2001

CIVIL JURISDICTION ACT 2001

Civil Jurisdiction Act 2001 Index


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c i e
CIVIL JURISDICTION ACT 2001

Index Section Page

PART 1 – CIVIL JURISDICTION OF THE HIGH COURT 5

1 [Inserts sections 56A and 56B and the heading preceding them in the High
Court Act 1991.] .............................................................................................................. 5
2 [Amends Schedule 1 to the High Court Act 1991 by inserting
paragraph 8A.] ................................................................................................................ 5
3 Certain steps not to amount to submission to jurisdiction of overseas court ........ 5
PART 2 – AMENDMENTS RELATING TO OVERSEAS JUDGMENTS

ETC 6

4 Amendment of Judgments (Reciprocal Enforcement) (Isle of Man) Act
1968 ................................................................................................................................... 6
5 Judgments, awards and obligations expressed in foreign currency ....................... 6
PART 3 – MISCELLANEOUS 7

6 Repeal of Aliens Restriction Act 1948 .......................................................................... 7
7 Deemsters, etc .................................................................................................................. 7
8 [Inserts sections 17A, 17B, 17C and 17D and the heading preceding
section 17A in the High Court Act 1991.] .................................................................... 7
9 Law applicable to contracts ........................................................................................... 7
10 [Inserts section 19A in the High Court Act 1991.] ...................................................... 9
11 [Amends section 25 of the High Court Act 1991 by substituting
subsection (4).]................................................................................................................. 9
12 Amendments to Legal Practitioners Registration Act 1986 ...................................... 9
13 Short title and commencement ..................................................................................... 9
SCHEDULE 11

ENDNOTES 17

TABLE OF LEGISLATION HISTORY 17
TABLE OF RENUMBERED PROVISIONS 17
Index Civil Jurisdiction Act 2001


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TABLE OF ENDNOTE REFERENCES 17

Civil Jurisdiction Act 2001 Section 1


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CIVIL JURISDICTION ACT 2001

Received Royal Assent: 15 October 2001
Passed: 15 October 2001
Commenced: See endnotes
AN ACT
to make further provision about the civil jurisdiction of courts in the
Island; about the recognition and enforcement of judgments given in the Island
or elsewhere; about the civil law; about legal practitioners; and for connected
purposes.
PART 1 – CIVIL JURISDICTION OF THE HIGH COURT

1 [Inserts sections 56A and 56B and the heading preceding them in the

High Court Act 1991.]

2 [Amends Schedule 1 to the High Court Act 1991 by inserting

paragraph 8A.]

3 Certain steps not to amount to submission to jurisdiction of overseas

court

[P1982/27/33]
(1) Subsection (2) shall have effect for the purposes of determining whether
a judgment given by a court of a country or territory outside the Island
should be recognised or enforced in the Island.
(2) The person against whom the judgment was given shall not be regarded
as having submitted to the jurisdiction of that court by reason only of the
fact that he appeared (conditionally or otherwise) in the proceedings for
all or any one or more of the following purposes, namely —
(a) to contest the jurisdiction of that court;
(b) to ask that court to dismiss or stay the proceedings on the ground
that the dispute in question should be submitted to arbitration or
to the determination of the courts of another country;
Section 4 Civil Jurisdiction Act 2001


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(c) to protect, or obtain the release of, property seized or threatened
with seizure in the proceedings.
PART 2 – AMENDMENTS RELATING TO OVERSEAS

JUDGMENTS ETC

4 Amendment of Judgments (Reciprocal Enforcement) (Isle of Man) Act

1968

[P1982/27/Sch 10]
(1) The Judgments (Reciprocal Enforcement) (Isle of Man) Act 1968 is amended
in accordance with this section.
(2) [Amends section 1 of the Judgments (Reciprocal Enforcement) (Isle of Man)
Act 1968 as follows: paragraph (a) substitutes subsections (1) and (2) and
inserts subsection (2A); and paragraph (b) adds subsection (4).]
(3) [Amends section 8(1) of the Judgments (Reciprocal Enforcement) (Isle of
Man) Act 1968 by repealing the word ‘superior’.]
(4) [Substitutes section 9 of the Judgments (Reciprocal Enforcement) (Isle of
Man) Act 1968.]
(5) [Inserts section 9A in the Judgments (Reciprocal Enforcement) (Isle of Man)
Act 1968.]
(6) [Amends section 10(1) of the Judgments (Reciprocal Enforcement) (Isle of
Man) Act 1968 by inserting the definition of ‘country’ after the definition
of ‘appeal’.]
5 Judgments, awards and obligations expressed in foreign currency

[P1977/38/4]
(1) In relation to judgments and awards registered after this subsection
comes into operation, the following enactments (which require the
conversion to Isle of Man or United Kingdom currency as at the date of
registration of the judgments and awards to which they relate) are
repealed —
(a) section 2(3) of the Judgments (Reciprocal Enforcement) (Isle of Man)
Act 1968; and
(b) section 1(3) of the Arbitration (International Investment Disputes) Act
1983.
(2) In relation to bills of exchange drawn after this subsection comes into
operation, section 57(2) (measure of damages for bills dishonoured
abroad), and section 72(4) (rate of exchange) of the Bills of Exchange Act
1883 are repealed.
Civil Jurisdiction Act 2001 Section 6


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PART 3 – MISCELLANEOUS

6 Repeal of Aliens Restriction Act 1948

The Aliens Restriction Act 1948 which prevents certain persons becoming
members of juries and of the civil service, is repealed.
7 Deemsters, etc

(1) to (4) inclusive [Repealed]1

(5) [Amends section 15(1) of the High Court Act 1991 by adding
paragraph (c).]
8 [Inserts sections 17A, 17B, 17C and 17D and the heading preceding

section 17A in the High Court Act 1991.]

9 Law applicable to contracts

(1) The Contracts (Applicable Law) Act 1992 is amended in accordance with
this section.
(2) In section 1 of that Act —
(a) after paragraph (c) insert —
“(d) ‘the Funchal Convention’ means the Convention on the
accession of the Kingdom of Spain and the Portuguese
Republic to the Rome Convention and the Brussels
Protocol, with adjustments made to the Rome Convention
by the Luxembourg Convention, signed by the United
Kingdom in Funchal on 18th May 1992;
(e) ‘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 Rome
Convention and the Brussels Protocol, with the
adjustments made to the Rome Convention by the
Luxembourg Convention and the Funchal Convention,
signed by the United Kingdom in Brussels on 29
November 1996;”;
(b) for ‘the Rome Convention, the Luxembourg Convention and the
Brussels Protocol’ substitute ‘those Conventions and that
Protocol’.
(3) In section 2(4) of that Act —
(a) for ‘Schedules 1, 2 and 3’ substitute ‘Schedules 1, 2, 3, 4 and 5’;
(b) at the end add
‘and
Section 9 Civil Jurisdiction Act 2001


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(d) the Funchal Convention; and
(e) the 1996 Accession Convention’.
(4) In section 4 of that Act, for ‘Governor in Council’ wherever occurring,
substitute ‘Council of Ministers’.
(5) In Schedule 1 to that Act —
(a) omit Article 22.2;
(b) omit Article 27;
(c) omit the second sentence in Article 30.3;
(d) in Article 31(d), omit ‘, 27’;
(e) for the Protocol substitute —
“PROTOCOL
The High Contracting Parties have agreed upon the
following provision which shall be annexed to the
Convention:
Notwithstanding the provisions of the Convention,
Denmark, Sweden and Finland may retain national
provisions concerning the law applicable to questions
relating to the carriage of goods by sea and may amend
such provisions without following the procedure provided
for in article 23 of the Convention of Rome. The national
provisions applicable in this respect are the following:
— in Denmark, paragraphs 252 and 321(3) and (4) of the
‘Sølov’ (maritime law);
— in Sweden, Chapter 13, Article 2(1) and (2), and Chapter
14, Article 1(3), of ‘sjölagen’ (maritime law);
— in Finland, Chapter 13, Article 2(1) and (2), and Chapter
14, Article 1(3), of ‘merilaki’/’sjölagen’ (maritime law).”.
(6) In Schedule 3, in paragraph (a) of Article 2 —
(a) after the entry relating to Netherlands insert —
“— in Austria:
the Oberste Gerichtshof, the Verwaltungsgerichtshof and
the Verfassungsgerichtshof”;
(b) after the entry relating to Portugal insert —
“— in Finland:
korkein oikeus/högsta domstolen, korkein hallintooikeus/
högsta förvaltningsdomstolen, markkinatuomioistuin/mar-
knadsdomstolen and työtuomioistuin/arbetsdomstolen,
— in Sweden:
Högsta domstolen, Regeringsratten, Arbetsdomstolen and
Marknadsdomstolen,’.
Civil Jurisdiction Act 2001 Section 10


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(7) After Schedule 3 of that Act add the Schedules set out in the Schedule to
this Act.2
10 [Inserts section 19A in the High Court Act 1991.]

11 [Amends section 25 of the High Court Act 1991 by substituting

subsection (4).]

12 Amendments to Legal Practitioners Registration Act 1986

[Amends the Legal Practitioners Registration Act 1986 as follows: paragraph (a)
substitutes in section 2(2) the words ‘Chief Registrar’ for the words ‘First
Deemster’; paragraph (b)(i) inserts section 3(2A); paragraph (b)(ii) substitutes in
section 3(3) the words ‘Chief Registrar’ for the words ‘First Deemster’; and
paragraph (c) inserts section 4A.]
13 Short title and commencement

(1) This Act may be cited as the Civil Jurisdiction Act 2001.
(2) This Act shall come into operation on such day as the Council of
Ministers may by order appoint and different days may be so appointed
for different provisions and for different purposes.3

Civil Jurisdiction Act 2001 Schedule



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SCHEDULE
4

NEW SCHEDULES 4 AND 5 INSERTED INTO THE CONTRACTS
(APPLICABLE LAW) ACT 1992
Section 9(7)
“SCHEDULE 4

THE FUNCHAL CONVENTION

Section 2
The High Contracting Parties to the Treaty establishing the European Economic
Community.
Considering that the Kingdom of Spain and the Portuguese Republic, in becoming
Members of the Community, undertook to accede to the Convention on the law
applicable to contractual obligations, opened for signature in Rome on 19th June 1980.
Have decided to conclude this Convention, and to this end have designated as their
plenipotentiaries:
(Designation of plenipotentiaries)
Who, meeting within the Council, having exchanged their full powers, found in good
and due form.
Have agreed as follows:
Article 1
The Kingdom of Spain and the Portuguese Republic hereby accede to the Convention
on the law applicable to contractual obligations, opened for signature in Rome on 19th
June 1980.
Article 2
The Convention on the law applicable to contractual obligations is hereby amended as
follows:
(1) Article 22(2), Article 27 and the second sentence of Article 30(3) shall be
deleted.
(2) The reference to Article 27 in Article 31(d) shall be deleted.
Schedule
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Article 3
The Secretary-General of the Council of the European Communities shall transmit a
certified copy of the Convention on the law applicable to contractual obligations in the
Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the
Governments of the Kingdom of Spain and the Portuguese Republic.
Article 4
This Convention shall be ratified by the Signatory States. The instruments of
ratification shall be deposited with the Secretary-General of the Council of the
European Communities.
Article 5
This Convention shall enter into force, as between the States which have ratified it, on
the first day of the third month following deposit of the last instrument of ratification
by the Kingdom of Spain or the Portuguese Republic and by one State which has
ratified the Convention on the law applicable to contractual obligations.
This Convention shall enter into force for each Contracting State which subsequently
ratifies it on the first day of the third month following that of deposit of its instrument
of ratification.
Article 6
The Secretary-General of the Council of the European Communities shall notify the
Signatory States of:
(a) the deposit of each instrument of ratification;
(b) the dates of entry into force of this Convention for the Contracting
States.
Article 7
This Convention, drawn up in a single original in the Danish, Dutch, English, French,
German, Greek, Irish, Italian, Portuguese and Spanish languages, all ten texts being
equally authentic, shall be deposited in the archives of the General Secretariat of the
Council of the European Communities. The Secretary-General shall transmit a certified
copy to the Government of each Signatory State.


Civil Jurisdiction Act 2001 Schedule



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SCHEDULE 5

THE 1996 ACCESSION CONVENTION

Section 2
The High Contracting Parties to the Treaty establishing the European Community.
Considering that the Republic of Austria, the Republic of Finland and the Kingdom of
Sweden, in becoming Members of the European Union, undertook to accede to the
Convention on the Law applicable to Contractual Obligations, opened for signature in
Rome on 19th June 1980, and to the First and Second Protocols on its interpretation by
the Court of Justice, have agreed as follows:
TITLE I

General Provisions
ARTICLE I
The Republic of Austria, the Republic of Finland and the Kingdom of Sweden hereby
accede to:
(a) the Convention on the Law applicable to Contractual Obligations,
opened for signature in Rome on 19th June 1980, hereinafter
referred to as “the Convention of 1980
”, as it stands following
incorporation of all the adjustments and amendments made
thereto by:
— the Convention signed in Luxembourg on 10th April 1984,
hereinafter referred to as “the Convention of 1984
”, on the
accession of the Hellenic Republic to the Convention on the
Law applicable to Contractual Obligations;
— the Convention signed in Funchal on 18th May 1992,
hereinafter referred to as “the Convention of 1992
”, on the
accession of the Kingdom of Spain and the Portuguese
Republic to the Convention on the Law applicable to
Contractual Obligations;
(b) the First Protocol, signed on 19th December 1988, hereinafter
referred to as “the First Protocol of 1988
”, on the interpretation by
the Court of Justice of the European Communities of the
Convention on the Law applicable to Contractual Obligations;
(c) the Second Protocol, signed on 19th December 1988, hereinafter
referred to as “the Second Protocol of 1988
”, conferring on the
Court of Justice of the European Communities certain powers to
interpret the Convention on the Law applicable to Contractual
Obligations.
Schedule
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TITLE II

Adjustments to the Protocol annexed to the Convention of 1980
ARTICLE 2
The Protocol annexed to the Convention of 1980 is hereby replaced by the following:
‘Notwithstanding the provisions of the Convention, Denmark, Sweden and Finland
may retain national provisions concerning the law applicable to questions relating to
the carriage of goods by sea and may amend such provisions without following the
procedure provided for in Article 23 of the Convention of Rome. The national
provisions applicable in this respect are the following:
— in Denmark, paragraphs 252 and 321(3) and (4) of the
‘Sølov’ (maritime law);
— in Sweden, Chapter 13, Article 2(1) and (2), and Chapter 14,
Article 1(3), of ‘sjölagen’ (maritime law);
— in Finland, Chapter 13, Article 2(1) and (2), and Chapter 14,
Article 1(3), of ‘merilaki’/’sjölagen’ (maritime law).’
TITLE III

Adjustments to the First Protocol of 1988
ARTICLE 3
The following indents shall be inserted in Article 2(a) of the First Protocol of 1988:
(a) between the tenth and eleventh indents:
‘— in Austria:
the Oberste Gerìchtshof, the Verwaltungsgerichtshof and the
Verfassungsgerichtshof,’
(b) between the eleventh and twelfth indents:
‘— in Finland:
Korkein oikeus/högsta domstolen, korkein hallinto-oikeus/högsta
förvaltningsdomstolen, markkinatuomioistuin/
marknadsdomstolen and työtuomioistuin/arbetsdomstolen,
— in Sweden:
Högsta domstolen, Regeringsrätten, Arbetsdomstolen and
Marknadsdomstolen,’.


Civil Jurisdiction Act 2001 Schedule



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TITLE IV

Final Provisions
ARTICLE 4
1. The Secretary-General of the Council of the European Union shall transmit a
certified copy of the Convention of 1980, the Convention of 1984, the First Protocol of
1988, the Second Protocol of 1988 and the Convention of 1992 in the Danish, Dutch,
English, French, German, Greek, Irish, Italian, Spanish and Portuguese languages to
the Governments of the Republic of Austria, the Republic of Finland and the Kingdom
of Sweden.
2. The text of the Convention of 1980, the Convention of 1984, the First Protocol of
1988, the Second Protocol of 1988 and the Convention of 1992 in the Finnish and
Swedish languages shall be authentic under the same conditions as the other texts of
the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second
Protocol of 1988 and the Convention of 1992.
ARTICLE 5
This Convention shall be ratified by the Signatory States. The instruments of
ratification shall be deposited with the Secretary-General of the Council of the
European Union.
ARTICLE 6
1. This Convention shall enter into force, as between the States which have ratified
it, on the first day of the third month following the deposit of the last instrument of
ratification by the Republic of Austria, the Republic of Finland or the Kingdom of
Sweden and by one Contracting State which has ratified the Convention on the Law
applicable to Contractual Obligations.
2. This Convention shall enter into force for each Contracting State which
subsequently ratifies it on the first day of the third month following the deposit of its
instrument of ratification.
ARTICLE 7
The Secretary-General of the Council of the European Union shall notify the Signatory
States of:
(a) the deposit of each instrument of ratification;
(b) the dates of entry into force of this Convention for the Contracting
States.
ARTICLE 8
This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish,
French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all
Schedule
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twelve texts being equally authentic, shall be deposited in the archives of the General
Secretariat of the Council of the European Union. The Secretary-General shall transmit
a certified copy to the Government of each Signatory State.”.
Civil Jurisdiction Act 2001 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subss (1) to (4) inclusive repealed by Administration of Justice Act 2008 Sch 2. 2
S 9 not yet in force. 3
ADO (ss 1 to 3, 5 to 8, 10 to 13) 1/1/2002 (SD836/01); (s 4) 1/5/2010 (SD225/10). 4
Sch not yet in force.

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