Jurisdiction I

Question 1

What are the two questions that must be asked when there is a international element in a case?

Answer 1

1. Do the courts of england and wales have jurisdiction to determine the claim?
2. Which country’s laws will be used to determine a dispute?

Keep these questions seperate

Question 2

What is the general rule regarding disputes and jurisdiction?

Answer 2

The courts of england and wales will determine disputes over matters occurring in England and Wales.

Question 3

What is the significance of the Hague Convention?

Answer 3

It allows parties to control which court will hear a dispute

Question 4

What questions must be asked to establish jurisdiction under the Hague Convention?

Answer 4

1. Civil or commercial?
2. Excluded?
3. Does the clause give jurisdiction to a contracting state?
4. Is jurisdiction given exclusively?
5. Is the agreement evidenced in writing?
6. Is the agreement asymmetric?

Question 5

What types of disputes are excluded from the Hague Convention?

Answer 5

• Disputes with consumers
• Employment matters

Question 6

Under what condition does the Hague Convention apply regarding jurisdiction?

Answer 6

Parties must choose a contracting state as the court with jurisdiction.

Doesn’t matter where the parties themselves are from.

Question 7

Which countries are considered contracting states under the Hague Convention?

Answer 7

• UK
• EU
• Mexico
• Singapore
• Montenegro

Question 8

What is deemed to be an ‘exclusive’ agreement under the HC?

Answer 8

Any agreement that doesn’t admit the possibility of another jurisdiction.

Doesn’t need to include the word ‘exclusive’.

Question 9

What is a key principle regarding jurisdiction in the Hague Convention?

Answer 9

The indicated court cannot decline jurisdiction based on another country’s suitability and any other court must refuse to hear proceedings.

Question 10

How can a defendant be subject to the jurisdiction of England and Wales if HC doesn’t apply?

Answer 10

• If proceedings are served on them while they are within the jurisdiction
• Permission is granted to serve on D outside of the jurisdiction
• A claim form is served outside of the jurisdiction

Question 11

What is the effect of serving the proceedings on a D in the jurisdiction?

Answer 11

They will be subject to the jurisdiction of Eng/W even if they are a foreign defendant and only briefly in the jurisdiction

Question 12

What counts as serving on a D that is a company who is not incorporated in Eng/W

Answer 12

Serving at any place of business in the jurisdiction, or on their solicitor appointed on their behalf

Question 13

What must be established to serve proceedings on a defendant outside the jurisdiction?

Answer 13

All three of:
* One ground from 6B PD 3.1
* Reasonable prospects of success (low threshold)
* Proper place to bring the claim (Witnesses based here, Eng law applies, D normally resident in Eng/W)

Question 14

What are the grounds in 6B PD 3.1

Answer 14

• claim is made for an Eng/W domicile
• contract made within the jurisdiction/covered by english law/for a breach in the jurisdiction
• in tort where damage sustained in the jursidiction or results from an act committed in the jurisdiction

Question 15

When can the Claimant serve the claim form on a D outside the jurisdiction without the court’s permission?

Answer 15

• If there is a a contract that contains a term to the effect that the courts of England and/or Wales shall have jurisdiction to determine that claim
• if the HC applies

Question 16

What is the period for serving a claim form out of jurisdiction?

Answer 16

6 months from issue

Question 17

What form must be filed if the claimant seeks to serve the claim form without permission?

Answer 17

Form N510 - this confirms to the court the basis on which it has jurisdiction

Question 18

What must be done if seeking to serve with permission?

Answer 18

Make an application using Form N244.

Question 19

List the methods of serving a claim form out of jurisdiction.

Answer 19

• In accordance with regulation, convention, or treaty
• Through the government
• Any method permitted by law of the destination country

Question 20

What must an applicant do when service methods are not possible?

Answer 20

Apply to court for an order for alternative service, stating why normal service is not possible and whcih alternative method is asked for

Question 21

Give three example of an alternative service method.

Answer 21

• Serving on solicitors acting for a party
• Placing an advert in a newspaper

Question 22

What does the court need to dispense with service?

Answer 22

The other side must already be aware of the document.

Question 23

What should a defendant do to dispute the court’s jurisdiction?

Answer 23

File an acknowledgment of service stating that you intend to contest jurisdiction and apply within 14 days.

Question 24

What must a defendant avoid to not submit to the court’s jurisdiction?

Answer 24

Taking any steps beyond filing an acknowledgment of service.

i.e do NOT file a defence!

Question 25

How to decide who has jurisdiction within the UK?

Answer 25

1. Does one of the following apply: exclusive jurisdiction determined by the Civil Jurisdiction and Judgements Act, jurisdiction agreement, submission 2. If no, apply the general rule 3. Can C stil choose to sue smehwere different?

Question 26

Give an example of jurisdiction as determined by the Civil Jurisdiction and Judgments Act

Answer 26

For p roceedings connected with real property - the part of the UK where the property is situated will have exclusive jurisdiction

Question 27

What is the general rule regarding jurisdiction in the UK?

Answer 27

A person domiciled in a party of the UK should be sued in the courts of their part

Question 28

How is it determined where a person is domiciled in the UK?

Answer 28

They are resident there, and the nature and circumstnaces of their residnece indicate they have a substantial connection with that part

Question 29

How is a company's domicile within the UK determined?

Answer 29

A company is domiciled where its seat is - i.e where its registered office is, or if none, where it was incorporated

Question 30

How could the C choose to sue in a different part of the UK?

Answer 30

Contract can sue in the court of the place of performance Tort can sue in the courts for the place where the harmful event occured Operations of a branch can sue in the courts for the place where that branch is etsablished For multiple Ds can sue in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together Counterclaim in the court where the original claim is pending