Jurisdiction over foreign matters

Question 1

What is the structure?

Answer 1

1. Does the regulation apply
   - international element
   - material scope
   - temporal scope
2. Do English courts have jurisdiction?
3. Will English court accept jurisdiction?
4. Conclusion

Question 2

Priority of 24, 25, 26?

Answer 2

Top = 24 
Next = 26 
Bottom = 25

Question 3

When would you use Common Law Defence?

Answer 3

When the Defedant/party is OUTSIDE the EU

e.g. USA

Question 4

When does an English court have jurisdiction under Common Law?

Answer 4

if:

• the D has presence in E&W
• D has submitted to the jurisdiction in E&W
• given permission for the common law Defendant to be served

Question 5

Presence

Answer 5

Company -
If in E&W temporarily and a business, must be for business purposes! (branches count too)
Individual -
irrelevant for what purpose

Question 6

Submission

Answer 6

Appointment of an agent to voluntarily submit to accept service
Entering an appearance
boilerplate jurisdiction clause

Question 7

Permission

- CPRs needed

Answer 7

Court MAY grant permission to serving D IF:

• Step 1: jurisdictional gateway under CPR 6B PD 3.1(6) or CPR 6B PD 3.1(9)(a)
• Step 2: There is a reasonable prospect of success for the claim (low threshold) - apply facts, there is a breach of contract therefore…
• Step 3: England and Wales if the ‘proper place’ should bring the claim

Question 8

Proper place?

Is E&W the natural forum for the claim?

Answer 8

Overriding objective CPR 1
Residence or place of business of D
Applicable law
availability of witnesses
local knowledge
costs/delay/inconvenience of proceeding elsewhere)
If the answer is no…does substantial justice require the case be heard in E&W anyway?