Jurisdiction

Question 1

When will the Hague convention apply?

Answer 1

Proceedings commenced on/after 1 January 2021
Choice of courts agreement on/after 1 October 2015

Question 2

What is the Hague convention approach?

Answer 2

1. Civil or commercial matter?
2. Excluded matter?
3. Clause giving jurisdiction to a contracting state?
4. Jurisdiction given exclusively?
5. Evidenced in writing?
6. Asymmetric?

Question 3

What matters are excluded from the Hague Convention?

Answer 3

Consumer and employment matters

Question 4

What are the contracting states?

Answer 4

EU, Mexico, Singapore, Montenegro

Question 5

What is the outcome of the Hague Convention applying?

Answer 5

• Court will have jurisdiction and cannot decline it on basis that should be decided in another country
• Any other court must refuse

Question 6

What are the common law rules on whether the england and wales courts will have jurisdiction?

Answer 6

a) Possible to serve proceedings on D in the jurisdiction
b) Court gives permission to serve proceedings on D outside of jurisdiction or
c) Clause in contract

Question 7

How may proceedings be served on a defendant in the jurisdiction?

Answer 7

• personal service
• any place of business of company within E&W
• On solicitor appointed by defendant

Question 8

What must be established to obtain permission to serve proceedings on a defendant outside E&W jurisdiction?

Answer 8

• Claimant has grounds
• Claimant has reasonable prospect of success
• E&W is proper place

Question 9

What are the grounds for permission to serve proceedings on a defendant outside the jurisdiction?

Answer 9

o Remedy against person domiciled within jurisdiction
o Contract made within jurisdiction or governed by English law
o Term that court shall have jurisdiction
o Breach of contract committed within jurisdiction
o Tort where damage in jurisdiction/results from act committed within jurisdiction

Question 10

What is the period for service of a claim form outside the jurisdiction?

Answer 10

6 months

Question 11

What are the elements of service out of the jurisdiction?

Answer 11

• permission
• procedure
• methods

Question 12

Where is permission given for service out of the jurisdiction?

Answer 12

Hague convention or common law

Question 13

What is the procedure for service out of the jurisdiction?

Answer 13

Form N510
Where court permission - interim application to court

Question 14

What are the methods of service out of the jurisdiction?

Answer 14

• Accordance with agreed regulation, convention or treaty
• Government of destination country
• Permitted by law of destination country

Question 15

What court orders may be made where there are difficulties with service out of the jurisdiction?

Answer 15

• alternate service
• dispensing with service

Question 16

What is the procedure for an order of alternative service?

Answer 16

Application to court setting out why service/attempts are unsuccessful and state alternative method proposed

Question 17

What may happen if a claimant has already tried an alternative method when applying for an alternative service order?

Answer 17

Method already used is good service

Question 18

Can alternative service be used retrospectively or to remedy irregular service?

Answer 18

No

Question 19

When does dispensing with service usually occur?

Answer 19

Other side already aware of document

Question 20

What are the reasons that a defendant may dispute E&W jurisdiction?

Answer 20

• D disputes that court has jurisdiction
• C obtained permission but D thinks none of the gateways satisfied/not proper place
• There is another more appropriate forum

Question 21

What is the procedure for disputing jurisdiction?

Answer 21

• File acknowledgement of service
• Apply within 14 days after filing

Question 22

What is the consequence of submitting jurisdiction?

Answer 22

cannot later dispute jurisdiction

Question 23

When does Rome I (Contract) not apply?

Answer 23

Contracts before 17 December 2009