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LPC Law Notes Civil Litigation Notes

Jurisdictional Issues Notes

Updated Jurisdictional Issues Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

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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.

Is there an international element?

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).

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

Article 7 & 8

Choice

Article 25

Submission

Article 26

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.

If there are related matters (i.e. the cases should be heard together as they are so similar/involve the same people) the court has discretion and may stay proceedings under Article 30.

Serving Documents

Under the Regulation the following time limits apply:

Time from issuing the claim form to service on the defendant = 6 months (CPR 7.5(2));

Time to serve an acknowledge of service or file a defence = 21 days (CPR 6.35(3)(a));

Time to file a defence if an acknowledgement of service is filed = 35 days (CPR 6.35(3)(b)(ii)).

Chapter 15

Jurisdiction: Common Law

Does the Regulation Apply?

Before the common law can apply the court needs to see whether the regulation will dictate the jurisdiction of whether the common...

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