The Gazette 1971

entailed a complete new code for the jurisdiction : recognition and enforcement of judgments within mem- ber States. This multi-lateral Convention was charac- terised by simple, speedy and inexpensive rules and procedures; its scope was considerably wider than the Hague Convention of 1966. No Harmonisation of Laws within Commonwealth There is at present no harmonisation of laws within the United Kingdom, nor within the Commonwealth. In England, there are no less than four different pro- cedures laid down for the recognition and enforce- ments of foreign judgments. By eventually adhering to the Convention, we shall have automatic, harmonisation. We must henceforth regard Continental systems of law with the same esteem as the Common Law. It is to be questioned whether the scope of the Convention ex- tends to revenue matters, customs duties and penalties. As regards jurisdiction, the basis is the domicile of the defendant, which is his ordinary residence. It is to be noted that exorbitant or excessive grounds of juris- diction will henceforth be eliminated as between mem- ber States—thus Order II of the Supreme Court Rules dealing with service outside the jurisdiction will no longer apply, as there will be no need for this within an enlarged Community. The Commercial Court is given jurisdiction over civil claims.

(1) if it violates the laws relating to public order of the requesting State; (2) if the rights of the defence have in any way been infringed; (3) if the foreign judgment is unreconcilable with a national judgment; (4) if the foreign Court has adjudicated upon mat- ters relating to the powers of the State or of the capacity of persons. The object of an Exequatur is not to allow judgments, even when recognised abroad, to he made the object of an execution order within another State, if such execu- tion has not first been authorised by the original State. In most Market countries except Belgium, the ordinary Magistrate is the competent judicial authority for this. There is an appeals procedure provided under the Convention—but the competent Court to consider appeals when the Exequatur has been granted—and when it has been refused, is not always the same. The Convention as drafted allows matters of compe- tence to depend on certain rules, and when ratified, will he of the utmost importance. The British rapporteur of this intricate subject was Master I. H. Jacob who proved to be such a master of his subject that he made it appear easy. Master Jacob said that this Convention was an outstanding example of the harmonisation of laws under the community and

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