§ 12 Clause 28, leave out Clause 28 and insert the following new clause:
§ "Proceedings in England and Wales or Northern Ireland for torts to immovable property.
§ .—(1) The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property.
§ (2) Subsection (1) has effect subject to the 1968 Convention and to the provisions set out in Schedule 4.".
§ The Lord ChancellorMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 12. With this I group Amendment No. 48. These amendments deal with jurisdiction in England and Northern Ireland over actions for trespass to foreign land. Amendment No. 12 substitutes a new clause whose main purpose is to ensure that this jurisdiction is not confined to actions for damages but will extend in a proper case to an action for an injunction. Amendment No. 48 is drafting.
§ Moved, That this House doth agree with the Commons in the said amendment—(The Lord Chancellor.)
§ Lord MishconMy Lords, I know that the noble and learned Lord loves every part of the United Kingdom and quite incidentally he happened to leave out Wales when he mentioned England and Northern Ireland. I am sure that he would love to rectify that omission.
§ The Lord ChancellorMy Lords, I apologise for my omission of Wales. It is subsumed law-wise in England, whereas Northern Ireland is not subsumed in that way; but I apologise nonetheless.
§ On Question, Motion agreed to.