A more recent version of these Jurisdiction Over Foreign Matters notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Jurisdiction over foreign matters Step 1: does the Regulation apply?
The Regulation regulates all EU member states. The court's permission is not required to serve a CF outside the jurisdiction if the claim is one which the UK courts have power to hear under the Regulation. To determine whether permission is required to serve a CF outside the jurisdiction, apply the 3-step test: Step 1: Does the Regulation apply?
This is a two-step question:
1. THERE MUST BE A CONNECTION
BETWEEN THE SITUATION AND THE
REGULATION (CPR 6.3):
There must be a link between the proceedings and the territory of member states bound by the Regulation.
It cannot be internal to 1 state - there must be a CROSS-BORDER ELEMENT.
There will be a connection if the defendant is domicile in a Regulation State: i. a.60 - a company is domicile if it has its statutory seat, central administration or principal place of business in a certain jurisdiction. ii. a.60(2) - a company is domicile in the UK if it has its registered office in the UK. iii. For partnerships, the domicile is where the partners are domiciled. iv. Article 22 - exclusive jurisdiction; there will be a connection if the exclusive jurisdiction rules apply.
a.22.1 - land - courts in the MS in which the property is situated have E.J.
2. a.23 - choice of forum clause in the contract - if there is one of these, there may also be a connection; have the parties agreed the courts of a MS have jurisdiction? Is at least 1 parties an EU domicile?
THE MATTER MUST FALL WITHIN THE SCOPE OF THE REGULATION: a.
The scope of the Regulation is referred to in Article 1.
The Regulation applies in civil and commercial matters.
Step 2: Do English courts have jurisdiction to determine the claim?
This is referred to in CPR 6.33(1).
THE GENERAL RULE: o
a.2 - a person domiciled in a MS must be sued in their MS.
a.3 - if someone is temporarily present in a jurisdiction, it is not possible to obtain jurisdiction simply by serving proceedings.
THE SPECIAL JURISDICTION RULES: these provide alternatives to the general rule, o
a.5.1 - contract - in matters relating to a contract, a person domiciled in a MS may be used in the place of performance of the obligation in the contract.
a.5.3 - tort - the place where the harmful event occurred is the place where the party may be sued.
a.5.5 - branch - where the branch situated
THE 'WEAKER PARTY' EXCEPTIONS: o
In some contractual relationships characterised by an imbalance in power between the parties, the weaker party can only be sued if the MS they are domiciled.
THE SUBMISSION RULE: o
a.24 - if someone enters an appearance at court, they are deemed to be submitting to the jurisdiction.
You DO NOT submit if you file an acknowledgement of service and indicate an intention to contest jurisdiction.
You DO submit if you file a defence.
THE CHOICE OF JURISDICTION RULE: o
a.23 - the parties may agree that a court will have jurisdiction if they have agreed the courts of 1 MS have jurisdiction and 1 party is domicile in an EU MS.
Priority of Jurisdiction
1. Exclusive jurisdiction rule
2. Rules on submission
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