SGS 10 (Jurisdiction)

Question 1

Steps to consider for a regulation defendant?

Answer 1

Does the regulation apply?

Do the English Courts have jurisdiction?

Will the English Courts accept?

Question 2

(RD) Does the regulation apply?

Answer 2

International element

Material scope
Art 62/63: connection with EU Regulation Member State.
Civil / commercial (Art 1).

Temporal scope
Yes if proceedings issued after 10/01/2015.

Question 3

(RD) do the English courts have jurisdiction?

Answer 3

Apply in following order
4, 7 and 8

25

26

24 (in rem means cause of action directly related to OWNERSHIP of land)

Question 4

Case law on Art 7?

Answer 4

‘where harmful event occurred’ - where tort committed OR where damage sustained (Bier v Mines de Potasse)

Question 5

How does one begin a common law defendant answer?

Answer 5

Does the regulation apply? NO:

D not domiciled in reg member state (Art 4)

No choice of jurisdiction clause (Art 25) nominating court of Regulation Member State

No ‘exclusive jurisdiction’ grounds (Art 24).

Question 6

(CLD) What three things could lead an English Court to have jurisdiction?

Answer 6

Presence
Submission
Permission

Question 7

Presence

Answer 7

Even if present temporarily

NOT a subsidiary
Branch office suffices!

Question 8

Submission?

Answer 8

Filing a defence

Instructing a lawyer to accept service.

Question 9

Permission elements?

Answer 9

Jjurisdictional gateway (6BPD 3.1)

Reasonable prospect of success (low threshold)

E and W ‘forum conveniens’ = proper place to bring action.

Question 10

England and Wales forum conveniens?

Answer 10

Burden on party bringing the action to prove it is.

Residence or place of business of the defendant
Availability of witnesses?
Cost / delay / inconvenience

if NO does substantial justice require the case to be heard anyway?

Question 11

What time limit is the same for domestic, CL and RD?

Answer 11

Claim form issue to service.

Question 12

What sections of the CPR are relevant to consider in the context of RD and time limits?

Answer 12

CPR 6.35.

Question 13

What sections of the CPR are relevant to consider in the context of CLD and timings?

Answer 13

6BPD

Question 14

What happens for RD after it is established English courts have jurisdiction?

Answer 14

Will they hear it?

Art 29 / 30 relevant?

Question 15

Permission to serve proceedings abroad?

Answer 15

If Reg Defendant: no need for permission CPR 6.33, file Form N510 CPR 6.34.

If Common Law: if physically outside jurisdiction, application under CPR 23 to serve claim form abroad.