Part II Preliminary Topics, Ch.3 Classification
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)
- Cause of action
In a case containing a foreign element, the English court will have to examine various matters in sequence. First, it will have to be determined that the English court has jurisdiction both over the parties and the cause of action. The detailed rules on jurisdiction are discussed later.2 Then, having satisfied itself that it possesses jurisdiction, the court must next determine the juridical nature of the question that requires decision. Is it, for instance, a question of breach of contract or the commission of a tort? Until this is determined, it is obviously...