Law Notes Conflict of Laws Notes
Conflict of Laws notes fully updated for recent exams in the UK. These notes cover all the major conflicts of laws cases and so are perfect for anyone doing a law degree in the UK or, given the international nature of this subject, these notes also make a great supplement for those studying law abroad.
These notes were formed directly from a reading of the cases and main texts and are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by the l...
The following is a more accessible plain text extract of the PDF sample above, taken from our Conflict of Laws Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
BRUSSELS I REGULATION RECAST |
---|
Jurisdiction = right of a court to adjudicate a dispute A few theories
History of the BIRR
|
---|
Scope of BIRR: Subject-matter of the dispute must fall within the scope of the BIRR—‘civil and commercial matters’ and not specifically excluded (Art.1).
BIRR takes precedence: Treat the national rules as residual rules.
General jurisdiction under BIRR: Generally the BIRR engages when D is domiciled in a MS of the EU (Art.4). Ds not domiciled in the EU may be sued under national (common law) rules (Art.6).
However, there are some specific rules which apply irrespective of the D’s domicile:
Art.24: Exclusive jurisdiction for e.g. rights in rem in immoveable property
Art.25: Disputes falling within a jurisdiction agreement in favour of a court of a MS
Where proceedings are continuing on the same matter between the same parties in another MS, irrespective of the parties’ domicile within or without the EU (and irrespective of the jurisdiction the other court adopts) the Regulation is engaged: Overseas Union v New Hampshire.
((Also, protective rules for consumers, insured, or employees: apply irrespective of the place of D’s domicile (e.g. if a consumer sues a US manufacturer)—but not in syllabus.))
As a corollary to general jurisdiction, a D domiciled in a MS shall be sued in that State and may only be sued in another MS where permitted by the Regulation (Arts.4 and 5).))
‘Civil and commercial matters’?
Autonomous meaning is given to ‘civil and commercial matters’.
Public law matter excluded under Art.1?
**Excludes ‘revenue, customs or administrative matters’ even if otherwise civil & commercial.
**Excludes acta de jure imperii (act of imperial power).
The line can be difficult to draw but there is evidence that the scope of the Regulation is being widely rawn, i.e. that exclusions are narrowly defined. The court has focused on the legal basis of the claim (i.e. nature of the claim) and the relationship between the parties (i.e. capacity in which the parties acted in relation to that claim).
Focus on capacity of parties: LTU v Eurocontrol: Public...
Buy the full version of these notes or essay plans and more in our Conflict of Laws Notes.
Conflict of Laws notes fully updated for recent exams in the UK. These notes cover all the major conflicts of laws cases and so are perfect for anyone doing a law degree in the UK or, given the international nature of this subject, these notes also make a great supplement for those studying law abroad.
These notes were formed directly from a reading of the cases and main texts and are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by the l...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started