This Practice Note provides an overview of the jurisdiction rules which determine circumstances in which the Scottish civil courts may hear an action which has international and/or or intra-UK aspects. It includes guidance on intra-UK jurisdiction (under Schedule 4, Civil Jurisdiction and Judgments Act 1982 (CJJA 1982)) as well as international jurisdiction (under Brussels I (recast), the Lugano Convention and the Hague Convention) and the residual rules (under Schedule 8, CJJA 1982). It also provides guidance on the position where multiple proceedings are begun in different jurisdictions, considering concepts including lis pendens, forum non conveniens and sisting proceedings. Finally, this Practice Note offers practical tips when considering issues of jurisdiction in Scotland.
This Checklist offers guidance on how to determine whether a Scottish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention, the Hague Convention and the Civil Jurisdiction and Judgments Act 1982.
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