DR - Jurisdiction - Common Law Flashcards
Jurisdiction - Common Law
When will the Court have jurisdiction under the common law?
The Hague convention doesn’t apply and:
a. the defendant is ‘present’ in the jurisdiction; or 👇
c.Courts of England given jurisdiction by a clause in a contract.👉📝
b. the court gives permission; 👍or
Jurisdiction - Common Law
What is required for permission to be granted to serve proceedings outside of the jurisdiction under the common law:
- A connection to the UK - ‘The Gateways’ ⛔️
- A reasonable prospect of success
⚖️ - England & Wales is the ‘proper place’
🏴🏴
(no permission is required if the contract says that England and Wales have jurisdiction - even if not exclusive)
Jurisdiction - Common Law
What are the gateways?
- claim is against someone domiciled in the jurisdiction 👶
Contract:
- made in jurisdiction
- governed by English law, or
- gives jurisdiction to E&W
- breach occurred in E&W
.
Tort:
- damage caused in E&W
- damage occurred in E&W
Jurisdiction - Common Law
How long does the claimant have to serve the claim form outside of the jurisdiction?
6 months
Jurisdiction - Common Law
When is permission not required to serve outside of the jurisdiction?
a. the Hague Convention on Choice of Court Agreements gives the court jurisdiction; or
b. contract gives jurisdiction
a form needs to be filed with the court stating that the basis on which the court has jurisdiction.
Jurisdiction - Common Law
How can service be made outside the jurisdiction?
- Service in accordance with an agreed regulation, convention or treaty.
- Service through the government of the destination country (if that government is willing to do this).
- Service by any method permitted by the law of the destination country.
Jurisdiction - Common Law
What if it is not possible to use the normal methods of service?
make an application to the court for one of the following orders:
1 An order for alternative service; or
2 An order dispensing with service.
