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16 The Framework of Jurisdictional Law

Thomas Raphael

From: The Anti-Suit Injunction (2nd Edition)

Thomas Raphael QC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 June 2024

Injunctions to restrain proceedings in England and Wales — Jurisdiction under the Common Law Rules — Jurisdiction under the Brussels I Regulation

This chapter presents the framework of English jurisdictional law, and considers the material scope of the Brussels–Lugano regime and the other European jurisdictional instruments. The rules governing the jurisdiction of the English courts are comprised of two main overlapping systems: the traditional ‘common law’ rules of jurisdiction, based on service; and the European rules of jurisdiction imposed by the Brussels–Lugano regime, and the other European jurisdictional instruments. If the defendant is domiciled in the Brussels–Lugano zone, and the matter falls within the material scope of the Brussels–Lugano regime, the court's jurisdiction over him is determined by the rigid substantive rules of jurisdiction laid down by the regime. Where the defendant is domiciled outside the Brussels–Lugano zone, Article 6 of Regulation 1215/2012, the ‘Brussels I Recast’, provides that jurisdiction is to be exercised according to national law.

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