10 - Jurisdiction Flashcards
1
Q
When is foreign jurisdiction an issue?
A
- subject matter of dispute is based abroad
- subject matter of dispute occurred abroad
- party based abroad
2
Q
When is jurisdiction an issue for the claimant?
A
Chooses jurisdiction at Pre-Action stage
3
Q
When is jurisdiction an issue for the defendant?
A
once the claim form is served on him
4
Q
What are the 3 options for a common law defendant?
A
- Presence
- Submission
- Permission
5
Q
Presence
A
Foreign defendant is physically in jurisdiction of English courts
6
Q
Submission
A
Defendant appoints an agent within jurisdiction in relation the claim
Defendant appears in proceedings
7
Q
What should the defendant do if he’s does NOT want to submit to jurisdiction?
A
AOS indicating intention to dispute jurisdiction
Apply for a declaration that the English courts lack jurisdiction
NO MORE
8
Q
Permission
A
apply for court’s permission to save an English CF abroad if do not have Presence or Submission
