Jurisdiction under Common Law

Question 1

What happens if Hague Convention does not apply?

Answer 1

Jurisdiction will be determined by common law

Question 2

When do England and Wales have jurisdiction under common law?

Answer 2

1) D served inside jurisdiction
2) Permission given to serve D outside jurisdiction
3) A jurisdiction clause gives the English court’s jurisdiction

Question 3

Where can individuals be served?

Answer 3

Personally

Question 4

Where can foreign companies be served in UK?

Answer 4

At any UK branch or place of business

Question 5

Can a solicitor authorised to accept service, be served?

Answer 5

Yes

Question 6

When will an English Court allow a D to be served abroad?

Answer 6

1) A jurisdictional gateway applies
2) Reasonable prospect of success
3) England/Wales is proper place

Question 7

What are some of the key jurisdictional gateways?

Answer 7

1) Contract made in England
2) Breach of contract committed in England
3) Tort damage sustained in England, or act occurred in England
4) D domiciled in the jurisdiction

Question 8

When does a claimant not need permission of court to serve a D abroad?

Answer 8

If contract gives exclusive or non-exclusive jurisdiction to the Courts of England and Wales