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Jurisdictional Issues Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Jurisdictional Issues 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 Does the Regulation Apply?
Before the regulation can apply the court needs to see whether it has jurisdiction over the claim. 1

Is there an international element?

1. Is the claim within the material scope? There needs to be a connection between the claim and the member state, this can be established using the defendant's domicile (Article 4), if the jurisdiction is exclusive to a Member State (Article 24) or if there is a jurisdictional clause in a contract or the parties have agreed upon jurisdiction (Article 25).

2. Is the type of claim covered by the regulation? The claim must be a 'civil and commercial matter' or else it will be excluded by Article 1. If the answer is 'yes' to all of these questions then the rules in the Regulation can apply.

Do the Courts of England and Wales have Jurisdiction?
Domicile Article 4

Special Jurisdiction

Choice

Submission

Article 25

Article 26

Article 7 & 8

Exclusive Jurisdiction Article 24

What is the defendant's domicile?

Where was the contract performed or the harm from the tort suffered?

Have the parties chosen a jurisdiction using a clause in a contract?

Has the defendant entered an appearance before court?

Does the case fall within one of the exceptions?

This country will have jurisdiction.

This country's jurisdiction trumps any other country.

This country's jurisdiction trumps any other country.

This country's jurisdiction trumps any other country.

This country's jurisdiction trumps any other country.

Parallel Proceedings & Related Matters If there are parallel proceedings (i.e. the same case being heard in another jurisdiction) then the court must stay the proceedings under Article 29.

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