179.5 Common law rules of jurisdiction

179.5 Common law rules of jurisdiction

Outside the European Parliament and Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)1, and certain other international instruments2, jurisdiction is determined by a body of ‘common law’ rules3. Within such rules, salient questions for the court are likely to be:

  1. 179.5.1

        whether the defendant is present within the jurisdiction;

  2. 179.5.2

        what is the legal basis of the claim (for example, whether it is brought in contract, tort, bailment, restitution or some other cause of action); and

  3. 179.5.3

        whether, notwithstanding the nominal existence of jurisdiction, the