The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.
This Practice Note considers the general rule set out in Article 4 of Regulation (EU) 1215/2012, Brussels I (recast) when determining the relevance of a defendant’s domicile to the jurisdiction of the court. It explores when that might be derogated from while providing links through to detailed coverage on specific rules. It also considers the English law position in relation to determining the domicile of both individuals and companies.
Note: determining the domicile of a defendant will also be important in determining whether service of the claim form out of the jurisdiction will be necessary although permission of the court is not required if the claim falls within Brussels I (recast), see Practice Note: Serving outside the jurisdiction without court permission.
Regulation (EU) 1215/2012, Brussels I (recast) does not include a general rule dependent on the claimant's domicile. However, in some instances the domicile of the claimant will be of relevance in determining whether a court has jurisdiction. An example can be seen in relation to insurance disputes where Article 11 of Regulation (EU) 1215/2012, Brussels I (recast) provides an exception to the general rule so that a defendant
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. 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.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234