Jurisdiction of Courts and Enforcement of Judgments Act, 1998.

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Number 52 of 1998


JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1998


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Texts of Conventions and Protocols.

PART II

The 1968 Convention and the Accession Conventions

4.

Interpretation of this Part.

5.

Conventions to have force of law.

6.

Interpretation of Conventions.

7.

Applications for recognition and enforcement of Community judgments.

8.

Enforcement of Community judgments by the High Court.

9.

Enforcement of Community maintenance orders by the District Court.

10.

Provisions in enforcement orders for payment of interest on judgments and payment of costs.

11.

Currency of payments under Community maintenance orders.

12.

Proof and admissibility of certain judgments, documents and related translations.

13.

Provisional, including protective, measures.

14.

Provision of certain documents by courts in the State to interested parties.

15.

Domicile for purposes of 1968 Convention and this Part.

16.

Venue for certain proceedings in Circuit Court or District Court.

PART III

The Lugano Convention

17.

Interpretation of this Part.

18.

Convention to have force of law.

19.

Interpretation of Convention.

20.

Application of certain provisions of Part II.

PART IV

Amendments and Repeals

21.

“Act of 1994”.

22.

Amendment of Act of 1994.

23.

Repeals.

FIRST SCHEDULE

Text (in the English and Irish languages) of the 1968 Convention as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention.

SECOND SCHEDULE

Text (in the English and Irish languages) of the 1971 Protocol as amended by the 1978 Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention.

THIRD SCHEDULE

Text (in the English language) of Titles V and VI of the 1978 Accession Convention as amended by the 1989 Accession Convention.

FOURTH SCHEDULE

Text (in the English language) of Titles V and VI of the 1982 Accession Convention.

FIFTH SCHEDULE

Text (in the English language) of Titles VI and VII of the 1989 Accession Convention.

SIXTH SCHEDULE

Text (in the English language) of Titles V and VI of the 1996 Accession Convention.

SEVENTH SCHEDULE

Text (in the English language) of the Lugano Convention.

EIGHTH SCHEDULE

Text (in the English language) of Protocol I.

NINTH SCHEDULE

Domicile


Acts Referred to

Building Societies Act, 1989

1989, No. 17

Central Bank Acts, 1942 to 1998

Courts (Supplemental Provisions) Acts, 1961 to 1998

Defence Act, 1954

1954, No. 18

European Communities Act, 1972

1972, No. 27

Enforcement of Court Orders Act, 1940

1940, No. 23

Family Law Act, 1995

1995, No. 26

Family Law (Divorce) Act, 1996

1996, No. 33

Family Law (Maintenance of Spouses and Children) Act, 1976

1976, No. 11

Jurisdiction of Courts and Enforcement of Judgments Act, 1993

1993, No. 9

Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993

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

1988, No. 3

Maintenance Act, 1994

1994, No. 28

Status of Children Act, 1987

1987, No. 26

Trustee Savings Banks Act, 1989

1989, No 21

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Number 52 of 1998


JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT, 1998


AN ACT TO CONSOLIDATE THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACTS, 1988 AND 1993, TO GIVE THE FORCE OF LAW TO THE CONVENTION SIGNED AT BRUSSELS ON THE 29TH DAY OF NOVEMBER, 1996 ON THE ACCESSION OF THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN 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 OF THE EUROPEAN COMMUNITIES 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, BY THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC AND BY THE CONVENTION ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND TO PROVIDE FOR RELATED MATTERS. [23rd December, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: