Commentary

33 Basic principle

BANKING vol 4(1)
BANKING vol 4(1) | Commentary

33 Basic principle

BANKING vol 4(1) | Commentary

33 Basic principle

The fundamental starting point under the Brussels-Lugano regime is that a defendant must be sued in the state of his domicile1. There is an exception to this principle where there is a head of special or exclusive jurisdiction which permits or requires the defendant to be sued in another member state. Under Article 59 of the Brussels I Regulation the relevant courts of the United Kingdom must apply English law to determine if a defendant is domiciled in the United Kingdom2. The domicile of individuals is determined by the Civil Jurisdiction and Judgments Act 1982 sections 41

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