Allocation of jurisdiction within the UK courts
Produced in partnership with Alistair Mackenzie of 2 Temple Gardens

The following Dispute Resolution practice note produced in partnership with Alistair Mackenzie of 2 Temple Gardens provides comprehensive and up to date legal information covering:

  • Allocation of jurisdiction within the UK courts
  • Definitions/abbreviations
  • Impact of Brexit on the CJJA intra UK jurisdiction regime
  • Conditions for the CJJA intra UK jurisdiction regime to apply
  • Defendant’s domicile for the purposes of CJJA 1982, s16(1)(b) (CJJA 1982, s 42A)
  • Individuals
  • Corporations
  • The general rule—defendant’s domicile
  • Individuals
  • Corporations
  • More...

Allocation of jurisdiction within the UK courts

This Practice Note considers the allocation of jurisdiction within the UK under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). It considers the scope of that regime and the conditions which need to be met for the regime to apply, and considers the interaction with Regulation 1215/2012, Brussels I (recast) (the Regulation). It covers the general rule as well as exceptions to that rule. Finally, it considers forum conveniens in this context.

English lawyers dealing with cross-border litigation need to be aware of a variety of different regimes used to determine the courts that can, or should, hear a claim against a particular defendant. One of those regimes is that provided for by CJJA 1982, Pt II and Sch 4, which collectively set out the rules of the allocation of jurisdiction (and also the recognition and enforcement of judgments) within the UK. For ease of reference, this regime is referred to as the ‘CJJA intra UK jurisdiction regime’.

The UK is made up of four countries, but only three legal jurisdictions: England and Wales, Scotland and Northern Ireland. CJJA 1982, s 50, refers to each of these as ‘parts of the UK’.

The CJJA intra UK jurisdiction regime is intended to provide rules to allocate jurisdiction within the UK itself. Different rules and considerations apply when determining whether the

Related documents:

Popular documents