EU Jurisdiction - General Flashcards
ACC to Art. 1(1) BRR will only apply to…
Civil and Commercial matters
Netherlands v Ruffer
The shipwreck amounted to a function of public authority
Revenue and Commissioner v Sunico
A matter can be brought under BRR if the dispute involves private law
Article 4
A defendant’s domicile is to be considered when instituting an action
Article 62
The definition of domicile - The place where the matter takes place will be determined
The definition of domicile in the UK
Resident, nature of the domicile indicates that there is a substantial connection to the UK
Companies domicile
Where the statutory seat is or where its central administration its principal place of business is.
If not –> Place of inc.
If not –> where formation of the company took place