Jurisdiction Flashcards
What is The Hague Convention Approach? (6 questions)
- Is the matter civil or commercial?
- Is it an excluded matter?
- Does the clause give jurisdiction to a contracting state?
- Is jurisdiction exclusively given?
- Is the agreement concluded/documented/evidenced in writing?
- Is the agreement an asymmetric one?
What are the consequences relating to jurisdiction if The Hague Convention applies?
Court indicated as having jurisdiction in the clause will have jurisdiction, and cannot decline it on the basis that the dispute should be settled in a different country. Any other court must refuse to hear the proceedings.
What matters must be established in order to obtain permission to serve the proceedings on the defendant outside the jurisdiction?
Claimant needs to establish on of the grounds in 6B PB 3.1;
The claim must have reasonable prospects of success.
England and Wales must be the ‘proper place’ in which to bring the claim.
What are the grounds in 6B PD 3.1 for permission to serve the proceedings outside the jurisdiction?
- A claim is made for a remedy against a person domiciled within the jurisdiction.
- A claim is made in respect of a contract where the contract was made in jurisdiction, is governed by English law, or contains a term to the effect that the court shall have jurisdiction.
- A claim is made in respect of a breach of contract in the jurisdiction.
- A claim is made in tort where damage was sustained or the act committed was in the jurisdiction.
When serving a claim form outside the jurisdiction, what is the period for service?
6 months.
When is it not necessary to seek the court’s permission to serve proceedings outside the jurisdiction if Courts of England and Wales have jurisdiction?
The Hague Convention gives the court jurisdiction, or a contract contains a term to the effect that England and Wales have jurisdiction to determine the claim.
What is the procedure for serving an English claim form abroad WITHOUT permission?
File form N510 when it issues and files its claim form. Confirms to the court the basis upon which it has jurisdiction over a foreign-domiciled defendant in circumstances where court’s permission has not been sought to serve claim form abroad.
What is the procedure if a claimant is seeking to serve an English claim form abroad WITH permission?
Apply to court, asking court to allow it to serve CF on D. This will be an interim application using application notice in form N244.
What applications can be made to the court if there are difficulties with service?
An order for alternative service or an order dispensing with service.
What is an order for alternative service?
E.g. serving on solicitors who have not been authorised to accept service or placing an ad in a newspaper.
Court will permit this if there Is a good reason to do so.
Application must be made to court setting out why service in accordance with methods listed in CPR are not possible/ why attempts to serve in accordance with these methods have been unsuccessful.
Cannot be used retrospectively, or to remedy irregular service.
What is the procedure for disputing the court’s jurisdiction?
D must first file an acknowledgement of service, tick box to indicate intention to contest jurisdiction. Then apply within 14 days after filing acknowledgement, disputing court’s jurisdiction. Application must be supported by evidence.
DO NOT TAKE ANY STEPS TO ENGAGE WITH PROCEEDINGS BEYOND ACKNOWLEDGMENT - like filing a defence.
In contract claims, if there is a conflict of laws which is the applicable law for:
A - Sale of Goods
B - Provisionsof services
C - COntract relating to land
D - Distribution Contract
(Rome I)
A - Seller’s habitual residence
B - Service provider’s habitual residence.
C - Where the land is situated.
D - Distributor’s habitual residence.
