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Jurisdiction Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Jurisdiction document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Jurisdiction

The Regulation

1) Does the Regulation apply?

1) There must be an international element to the claim

a) The international nature of the case need not be significant

b) International nature can derive from subject matter or the domicile of a party in a nonRegulation state

2) There must be a connection between the claim and a Regulation Member State - Paragraph 8 of the Regulation

a) There will be a connection if the defendant is domiciled in a Regulation member state

1) To ascertain domicile you the court must apply the internal law of that state

2) In English Law it is different for individuals and Companies If fails here, consider common law rules. If claim continues here, complete considering the regulation and do not consider the common law

Individual A person is domicile in the UK if: a) He is resident in the UK; and b) The nature and circumstances of his residence indicate he has a substantial connection with the UK (presumed to exist if been resident for 3 months)

OR Company / Partnerships - Article 60 The Regulation A company is domiciled where it company has: a) A statutory seat (for companies - registered office / place of incorporation); or b) Central administration; or c) Principal place of business

b) There will be a connection if the exclusive jurisdiction rules apply - Article 22 The Regulation

*
This is where certain types of cases which are tied to a particular jurisdiction, are heard in that jurisdiction for practical reasons

OR

1) Land - Article 22(1)

*
Where the object of the proceedings are object rights or tenancies in immovable property

2) Validity of a Company - Article 22(2)

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Where proceedings are on the validity of the constitution, nullity or dissolution of companies

3) Validity of entries in public registers - Article 22(3)

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Where proceedings are on the validity of public registers

4) Patents, trade marks and designs - Article 22(4)

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Where proceedings are on the validity of patents, trade marks or designs the case is heard in the court of the member state in which the deposit or registration was applied for

5) Enforcement of judgments - Article 22(5)

*
Where proceedings are to enforce the judgment of a court in a jurisdiction

c) There will be a connection if there is a choice of forum clause in the contract - Article 23 The Regulation

*
Will be satisfied if both:

1) Have the parties agreed that the courts of a Regulation Member State has jurisdiction to settle any dispute arising in connection with their relationship; and

2) Is at least one of the parties domiciled in a Regulation Member State?

3) The matter must fall within the scope of the regulation - Article 1 The Regulation

2) Do the courts of E+W have jurisdiction to determine the claim

The Regulation applies to civil and commercial matters

1) If the exclusive jurisdiction rules apply, the country to which they apply has exclusive jurisdiction (from 'connection' above') - Article 22 The Regulation Takes priority - However if does not apply

2) The courts of a member state have jurisdiction where the defendant submits to those courts - Article 24 The Regulation

Takes priority - However if does not apply

a) Will be 'submitting' if file an Acknowledgment of Service or a Defence

b) However can file an AoS without submitting if you are contesting jurisdiction in it (ticking the box)

3) If the choice of jurisdiction rules apply (from 'connection' above) - Article 23 The Regulation Takes priority - However if does not apply 4) The general rule - Domicile - Article 2 The Regulation

In addition to the general rule, the claimant may have a choice between the general rule and the special rules if a special rule applies

A defendant domiciled in a member state, whatever their nationality, must be sued in the courts of that member state

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