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

Provisional, including protective, measures.

11.—(1) Where—

(a) proceedings have been commenced or are to be commenced in a Contracting State other than the State, and

(b) they are or will be proceedings whose subject-matter is within the scope of the 1968 Convention as determined by Article 1 (whether or not the 1968 Convention has effect in relation to the proceedings),

the High Court may, on application to it pursuant to Article 24, grant provisional, including protective, measures of any kind that the Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction.

(2) On an application under subsection (1) of this section, the High Court may refuse to grant the measures sought if, in the opinion of that Court, the fact that that Court has not jurisdiction, apart from this section, in relation to the subject-matter of the proceedings in question makes it inexpedient for that Court to grant such measures.

(3) Subject to Article 39, an application to the Master of the High Court for the enforcement of a judgment and an application to the High Court for the enforcement of an instrument or settlement referred to in Title IV of the 1968 Convention may include an application for the granting of such protective measures as the High Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction and, where an enforcement order is made in relation to a judgment or such an instrument or settlement, the order shall include a provision granting any such protective measures as aforesaid as are applied for as aforesaid.