Jurisdiction Of Laws

Question 1

Jurisdiction of laws

Answer 1

Concerned with whether Eng courts can decide dispute

Question 2

Hague Convention on Choice of Court Agreements

Answer 2

1) only applies to civil / commercial matters

2) some matters excluded - consumer and employment

3) applies to contracting states - EU, mexico, montenegro and singapore

4) clause must give exclusive jurisdiction

5) agreement in writing

6) asymmetric agreements - eg one party can commence in named country - not clear if hague applies

Question 3

If hague convention applies

Answer 3

Court indicated in agreement will have jurisdiction and cannot decline

Any other court must refuse to hear

Question 4

Common law rules - court will have jurisdiction if…

Answer 4

1) it is possible to serve proceedings on D in the jurisdiction (no permission required)

2) jurisdiction clause in contract - no court permission required

3) court gives permission to serve proceedings out of jurisdiction
- reasonable prospect of success
- E&W is proper place to bring claim
- one of the below

Claim for remedy against someone domiciled in E&W
Contract made in E&W - governed by english law or grants jurisdiction
Breach of contract committed in jurisdiction
Tort - damaged sustained within jurisdiction

Question 5

Serving claim form outside jurisdiction - when is permission not required

Answer 5

If hague applies
If contract has jurisdiction clause

C must file form n510 when issues and files claim form

Question 6

Period for service outside of jurisdiction

Answer 6

6 months from issue of claim form

Question 7

Disputing courts jurisdiction

Answer 7

Do NOT file defence as this accepts jurisdiction

Acknowledge service and tick box stating intention to contest

Then apply within 14 days of acknowledgement to contest with evidence