…CJJA: exclusions from UK jurisdictional scheme

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CIVIL JURISDICTION AND JUDGMENTS ACT 1982 AS AMENDED
SCHEDULE 5: PROCEEDINGS EXCLUDED FROM SCHEDULE 4

PROCEEDINGS UNDER THE COMPANIES ACTS

Para 1

Proceedings for the winding up of a company under the Insolvency Act 1986 or the Companies Act (Northern Ireland) 1960, or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.

PATENTS, TRADE MARKS, DESIGNS AND SIMILAR RIGHTS

Para 2

Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.

PROTECTION OF TRADING INTERESTS ACT 1980

Para 3

Proceedings under section 6 of the Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

APPEALS ETC. FROM TRIBUNALS

Para 4

Proceedings on appeal from, or for review of, decisions of tribunals.

MAINTENANCE AND SIMILAR PAYMENTS TO LOCAL AND OTHER PUBLIC AUTHORITIES

Para 5

Proceedings for, or otherwise relating to, an order under any of the following provisions--

(a) paragraph 23 of Schedule 2 to the Children Act 1989, section 80 of the Social Work (Scotland) Act 1968, section 156 of the Children and Young Persons Act (Northern Ireland) 1968 or Article 41 of the Children (Northern Ireland) Order 1995 (contributions in respect of children in care, etc.);

(b) section 49 or 50 of the Child Care Act 1980, section 81 of the Social Work (Scotland) Act 1968 or section 159 of the Children and Young Persons Act (Northern Ireland) 1968 (applications for, or for variation of, affiliation orders in respect of children in care, etc.);

(c) section 43 of the National Assistance Act 1948, section 18 of the Supplementary Benefits Act 1976, section 24 of the Social Security Act 1986, section 106 of the Social Security Administration Act 1992 or any enactment applying in Northern Ireland and corresponding to either of them, Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972 or Article 23 of the Supplementary Benefits (Northern Ireland) Order 1977 (recovery of cost of assistance or benefit from person liable to maintain the assisted person);

(d) section 44 of the National Assistance Act 1948, section 19 of the Supplementary Benefits Act 1976, Article 102 of the Health and Personal Social Services (Northern Ireland) Order 1972 or Article 24 of the Supplementary Benefits (Northern Ireland) Order 1977 (applications for, or for variation of, affiliation orders in respect of children for whom assistance or benefit provided).

PROCEEDINGS UNDER CERTAIN CONVENTIONS, ETC.

Para 6

Proceedings brought in any court in pursuance of--

(a) any statutory provision which, in the case of any convention to which Article 57 or Article 71 of the Regulation applies (conventions relating to specific matters which override the general rules), implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and

(b) any rule of law so far as it has the effect of implementing any such convention.

CERTAIN ADMIRALTY PROCEEDINGS IN SCOTLAND

Para 7

Proceedings in Scotland in an Admiralty cause where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.

REGISTER OF AIRCRAFT MORTGAGES

Para 8

Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

CONTINENTAL SHELF ACT 1964

Para 9

Proceedings brought in any court in pursuance of an order under section 11 of the Petroleum Act 1998.

FINANCIAL SERVICES ACT 1986

Para 10

Proceedings such as are mentioned in section 415 of the Financial Services and Markets Act 2000.

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