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CHAPTER 36 Foreign judgments registrable under the 1982 Act

Civil Jurisdiction and Judgments

Page 853


Foreign judgments registrable under the 1982 Act

36.01 Registration under the 1982 Act

Whereas the 1920 and 1933 Acts, examined in the previous chapter, are, in substance, the common law in statutory form, with an improved mechanism for enforcement, the 1982 Act was primarily devised for judgments to which the Brussels Convention, Lugano Convention, Brussels Regulation 44/2001, applied. At the same time, it was adapted to provide the mechanism for dealing with judgments from other parts of the United Kingdom and (though this is curiously unclear) Gibraltar. As the number of judgments taking effect in the United Kingdom under Regulation 44/2001 reduces (and likewise as the United Kingdom as Member State ceases to be bound by the Lugano Convention), and as enforcement of judgments to which Regulation 1215/2012 applied did not depend on registration under the 1982 Act, it appeared that the 1982 Act might be left to deal only with judgments from these British territories.

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