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Part IV Commencing and Preventing Proceedings, 10 Excluded Claims

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2024

Excluded claims
10.01 Exceptionally, an English court will not exercise jurisdiction although in principle a ground of personal or subject-matter jurisdiction is present. A claim (or defence) may be excluded for one of four distinct reasons: where a foreign court has paramount jurisdiction; where the law relied upon, if foreign, is non-justiciable; where the defendant’s conduct is non-justiciable; and where the defendant is immune from suit. The first category embraces, for example, claims concerning immovable property in a foreign country, or rights established by entry on a...
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