Jump to Content Jump to Main Navigation

Part III Jurisdiction, Foreign Judgments and Awards, Ch.12 The Competence of the English Courts Under the Traditional Rules

J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, Solicitor
Edited By: Sir Peter North CBE, QC, MA, DCL, FBA

From: Cheshire, North & Fawcett: Private International Law (14th Edition)

James J Fawcett, Janeen M Carruthers
Edited By: Sir Peter North (Consultant Editor)

A newer edition of Cheshire, North & Fawcett: Private International Law is available. Latest edition (15 ed.)
Next Edition: 15th Edition Latest edition (15 ed.)

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Stay of court proceedings — Jurisdiction under the Brussels-Lugano Regime
An action in personam is designed to settle the rights of the parties as between themselves,2 eg an action for damages for breach of contract, an action for an injunction in a tort case, or an action for possession of tangible property. The most striking feature of the English common law rules relating to competence in actions in personam is their purely procedural character. Anyone may invoke or become amenable to the jurisdiction, provided only that the defendant has been served with a claim form.3 This procedural approach has meant that, apart from cases where...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.