jurisdiction (week 10)

Question 1

Where a claim form is served out of the jurisdiction without the permission of the court, how will the court know on what basis it is alleged that the court has jurisdiction over the foreign defendant?

Answer 1

This is indicated on a form filed when the claim is issued. (form N510 when it is out of jurisdiction)

Question 2

How long does the defendant have to respond to proceedings (with either an acknowledgement of service or a defence) when served out of the jurisdiction?

Answer 2

This varies, depending primarily on the country in which service takes place.

Question 3

when a claim form has been validly issued, what is the period for service of the claim form when it is outside the jurisdiction?

Answer 3

period for service is 6 months

Question 4

when must proceedings be commenced to be under Hague convention?

Answer 4

on or after 1st January 2021

Question 5

what type of parties does The Hague convention apply to?

Answer 5

commercial parties

Question 6

what are the requirements for when The Hague Convention applies?

Answer 6

• Matter is civil or commercial matter
• Matter is not excluded
• Clause gives jurisdiction to contracting state
• Jurisdiction given exclusively
• Agreement concluded / Documented / evidenced in writing

Question 7

who are the contracting states for The Hague Convention?

Answer 7

UK, EU member states, Mexico, Singapore and Montenegro

Question 8

what is submission?

Answer 8

dont challenge the jurisdiction

Question 9

how can a party submission to jurisdiction?

Answer 9

by filing a defence - they have not challenged the jurisdiction and therefore, submitted to the jurisdiction (also by filing for an extension for a defence)

Question 10

what factors need to be considered in the common law on jurisdiction?

Answer 10

D is present in the jurisdiction; or
court gives permission to serve proceedings on D outside jurisdiction; or
England and welsh court given jurisdiction by clause in contract

Question 11

what does Rome 1 apply to?

Answer 11

contracts

Question 12

what does Rome 2 apply to?

Answer 12

tort

Question 13

When must damage have occurred (what date) for Rome 2 to apply (conflict of law - tort)?

Answer 13

on or after 10th January 2009

Question 14

what are the 4 elements that need to be considered for Rome 2 (conflict of law - tort)?

Answer 14

1. parties are free to choose which country laws to apply to their dispute
2. Do the parties reside in the same country?
3. If no, the country where the damage occurs (not the event). For personal injury and damage to property this is the country where injury was sustained or where property was damaged
4. Tort manifestly more closely connected with another country

Question 15

what are the 3 considerations for jurisdiction when there is conflict of law on contract? (Rome 1)

Answer 15

1. parties are free to choose which country laws to apply to their dispute
2. in absence of choice then specific provisions outline which jurisdiction to use - Sale of goods = seller’s habitual residence
   - Provisions of services = service provider’s habitual residence
   - Contract relating to land = where land is situated
   - Distribution contract = distributor’s habitual residence
3. if not one of these then the applicable law is that of the country where the characteristic performance (the party doing something) has its habitual residence

Question 16

what does the specific provision say about when there is a conflict of law on jurisdiction about a contract for sale of goods? (where should it be issued)

Answer 16

seller’s habitual residence

Question 17

what does the specific provision say about when there is a conflict of law on jurisdiction about a contract for provision of services? (where should it be issued)

Answer 17

service provider’s habitual residence

Question 18

what does the specific provision say about when there is a conflict of law on jurisdiction about a contract for contract relating to land? (where should it be issued)

Answer 18

where the land is situated

Question 19

what does the specific provision say about when there is a conflict of law on jurisdiction about a contract for distribution contracts? (where should it be issued)

Answer 19

distributor’s habitual residence

Question 20

what date applies for Rome 1 (for contracts entered into….)?

Answer 20

on or after 17th December 2009

Question 21

How long does the defendant have to respond to proceedings (with either an acknowledgement of service or a defence) when served out of the jurisdiction?

Answer 21

This varies, depending primarily on the country in which service takes place.