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3 Jurisdiction

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 April 2024

Subject(s):
Jurisdiction and subject matter connection with England — Forum shopping and disputes — Serving proceedings — Forum non conveniens — Jurisdiction

This chapter examines and explains the rules which determine whether a court in England and Wales has jurisdiction, may have jurisdiction yet not exercise it, or does not have jurisdiction. The point of departure is to examine the various meanings of jurisdiction. It explains that a defendant served within the jurisdiction may be sued in England unless the court lacks jurisdiction over the subject matter (foreign land and patents), or because an international convention removes the jurisdiction of the court; and even if the court has jurisdiction, the plea of forum non conveniens may be made by a defendant to request that the jurisdiction not be exercised. A defendant who is overseas may be served with process as a matter of right, but in most cases, service out will require the prior permission of the court which is, as to its existence and its exercise, governed by rules of great and regrettable complexity. Separate attention is given to the multi-faceted law on choice of court agreements, as a matter of common law as well as under the 2005 Hague Convention on Choice of Court Agreements.

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