This Overview provides a summary of different mechanisms by which the courts of England and Wales (English courts) may determine whether they have jurisdiction over a dispute. Which courts have jurisdiction to determine a dispute is only one consideration when dealing with a dispute involving cross-border elements. For insight into the different issues that may need to be considered, see: Cross border considerations—checklist.
For an overarching guide explaining different jurisdiction issues, see Practice Note: Jurisdiction—a guide for dispute resolution practitioners which aims to provide an understanding as to what is meant by the term ‘jurisdiction’ when dealing with cross-border litigation. It explains the importance of determining which court has jurisdiction and how the English courts will determine whether they have jurisdiction to determine a particular dispute. There are a number of jurisdiction regimes the courts can apply to determine jurisdiction and it can be difficult to determine which one applies. Once the relevant jurisdiction regime has been identified, navigating through it in terms of both its scope and application is also not always straightforward. This Practice Note aims to assist with this process by identifying the
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
HMCTS has published an updated version of its ‘Damages claims release note: other remedy release’, originally published in May 2026, which confirmed...
Dispute Resolution analysis: The Court of Appeal allowed an appeal against a costs order made after a lengthy trial involving an unsuccessful...
Dispute Resolution analysis: The minutes of the Civil Procedure Rule Committee (CPRC) annual open meeting of 8 May 2025 (conducted in a hybrid format...
Dispute Resolution analysis: The Court of Appeal considered when a director’s pursuit of corporate opportunities after the breakdown of a...
Applicable law—common law (contract)This Practice Note considers when the common law of England and Wales is applied to determine the law applicable to contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is applicable to
Foreign currency claimsThis Practice Note considers the issue of bringing a claim in a foreign currency. In doing so it explains the underlying case law as to whether a claim can be brought in a foreign currency and how to bring such a claim. It also considers how a defendant can challenge a claim
Cross-border service—application for permission to serve outside England and WalesThis Practice Note provides assistance when making an application to obtain the courts’ permission to serve the claim form outside the jurisdiction of the English and Welsh courts (referred to as the English courts in
Hague Service Convention—service outside the jurisdictionThis Practice Note considers the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters (1965) (the Hague Service Convention). The convention applies between contracting parties and sets out
0330 161 1234