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, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- 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...