DR 14 - Jurisdiction & Conflict Flashcards
Jurisdiction
What does ‘alternative service’ involve?
- Application made to court setting out why ‘normal’ CPR service methods is not possible / have been unsuccessful.
- Application should state the alternative method proposed.
- Court may permit service by an alternative method if there is good reason to do so.
Jurisdiction
What does ‘dispensing with service’ involve?
The court may dispense with service of a document. This discretion is usually only exercised where the other side is already aware of the document.
Jurisdiction
What is the process if the defendant wishes to dispute the court’s jurisdiction?
- first file an acknowledgement of service indicating that the defendant intends to contest jurisdiction.
- apply within 14 days after filing the acknowledgement of service, disputing the court’s jurisdiction.
- application must be supported by evidence.
Jurisdiction
How can a defendant submit to the court’s jurisdiction?
Take steps to engage with the proceedings beyond filing an acknowledgement of service and then applying to court to challenge its jurisdiction. e.g. filing a defence
Jurisdiction
What happens if a defendant submit to the court’s jurisdiction?
If a party submits to the jurisdiction of the Courts of England and Wales, then they cannot later dispute that jurisdiction, so effectively the court’s jurisdiction is established.
UK
When will a Court in the UK have rights?
- Jurisdiction agreements
- Submission
UK
What is the basic rule for conflict of laws in the UK?
Depends on where the person being sued is domiciled
UK
When can a person be sued in a UK jurisdiction in which they are not domiciled?
- contract - place of performance 📝👇
- tort - harmful event occurred💥
. - operations of branch/agency - where the branch or agency is🎄👇
. - multiple defendants - any jurisdiction in which one defendant if domiciled if it is expedient to hear the cases together🤷♀️
. - counter claim - heard in the same jurisdiction as the original claim 🫵
