The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the jurisdiction of the court when dealing with multiple defendants. Article 6 of Brussels I provides the courts of a Member State with special jurisdiction to hear a dispute when the defendant is not domiciled in the jurisdiction if certain criteria are meet. It considers the various criteria and how the courts have applied them in practice. In particular, it considers the meaning of ‘anchor defendants’ and ’irreconcilable judgments’.
Note: since 10 January 2015 Brussels I has been repealed in its entirety and replaced by Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.
If Brussels I (recast) applies, see Practice Note: Brussels I (recast)—multiple defendants (art 8). Note that the equivalent provision is set out in art 8 and the contents of the article itself were not amended although the relevant recital for multiple defendants was amended (recital 16 ).
The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction
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