Commentary

179.5 Common law rules of jurisdiction

BAILMENT vol 3(1)
| Commentary

179.5 Common law rules of jurisdiction

| Commentary

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

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial