Jurisdiction

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Practice notes
How to obtain a writ of control—High Court judgmentsThis Practice Note concerns provisions of the CPR and related legislation (The Tribunals, Courts...
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19th May
Practice notes
Claim for subrogation—a restitutionary remedyWhat is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by...
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19th May
Practice notes
Norwich Pharmacal orders—procedure for applicationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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19th May
Practice notes
Interdict and interim interdict in Scottish civil litigationThis Practice Note considers the position on interdict and interim interdict in Scotland....
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Produced in partnership with Jim Cormack of Pinsent Masons 19th May
Practice notes
Disclosure—grounds for objecting to inspection under CPR 31.19Grounds for objecting to inspectionA party is (generally) entitled to inspect documents...
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19th May
Practice notes
Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
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19th May
Q&As
Can the doctrine of laches form the basis of a cause of action, or will it always act as a defence only?Laches is an equitable doctrine, and as a...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May
Practice notes
Brussels ConventionThis Practice Note is for use when determining court jurisdiction in proceedings commenced in the courts of England and Wales on or...
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19th May
Practice notes
Strike out—after a strike out order has been madeCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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19th May
Practice notes
Permission to appeal—the applicationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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19th May
Practice notes
Specific implement and interim specific implement in Scottish civil litigationThis Practice Note considers the position on final orders for specific...
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Produced in partnership with Jim Cormack of Pinsent Masons 19th May
Practice notes
Disclosure—inspectionThis Practice Note refers to Retained Regulation (EU) 2016/679 (UK GDPR). The regime under this retained regulation came into...
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19th May
Q&As
Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 19th May
Practice notes
Cost orders—interestDefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning...
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19th May

Most recent Jurisdiction content

Q&As
To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not...
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1st Aug
Q&As
In a contractual dispute between a UK (English) company and a company based in the Isle of Man, what is the applicable law and what is the...
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1st Aug
Q&As
If a defendant considers that a claim has been brought after the expiry of a limitation period, what (if any) impact does this have on a defendant’s...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 1st Aug
Q&As
Can a limitation issue give rise to a challenge to court jurisdiction?There are specific bases on which a defendant can seek to challenge the...
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1st Aug
Q&As
Where should a claim be brought if both parties live in Scotland but the defendant breached the General Data Protection Regulation by sending personal...
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1st Aug
Q&As
If the defendant failed to indicate intention to dispute jurisdiction in the acknowledgement of service, can the defendant subsequently make an...
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Produced in partnership with David Sawtell of 39 Essex Chambers 1st Aug
Q&As
If an oral agreement for a loan is made in a foreign jurisdiction, can a claim for repayment of the loan be brought in the English...
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1st Aug
Q&As
Can I serve a claim form by email if a defendant is domiciled in two different countries due to work commitments?When seeking to serve a document in...
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1st Aug
Q&As
If the defendant intends to dispute service on the basis that the claimant was required, but failed to apply to the court for permission to serve out...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 1st Aug
Q&As
Is there a definition of ‘beneficiary’ as applied in Brussels I (recast) ie does this cover companies/individuals?The term ‘beneficiary’ in relation...
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31st Jul
Q&As
Can a person domiciled in an EU Member State be a litigant in person in the English courts?There is no general definition in the CPR of a 'litigant in...
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31st Jul

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