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Brussels I—when is a court seized? (art 30) [Archived]
Published by a LexisNexis Dispute Resolution expert
Practice notesBrussels I—when is a court seized? (art 30) [Archived]
Published by a LexisNexis Dispute Resolution expert
Practice notes
ARCHIVED: This Practice Note considers the question of when a court is seised of proceedings under article 30 of Regulation (EC) 44/2001, Brussels I. Deciding which court is first seized is fundamental to the operation of articles 27 and 28 of Regulation (EC) 44/2001, Brussels I, which concern the prevention and regulation of concurrent proceedings.
Note: since 10 January 2015 Brussels I has been repealed in its entirety and replaced by Brussels I (recast).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: E&W Brussels I (recast)—application and exclusions.
Text of article 30
Article 30 provides:
'1. For the purposes of this Section, a court shall be deemed to be seised:
(a) at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the
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Jurisdiction(s):
United Kingdom
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Practice notes 5
Precedents 1
Q&As 2
Key definition:
Exclusions definition
What does Exclusions mean?
The financial services and markets act 2000 (Regulated Activities) Order 2001, SI 2001/544 lists statutory exclusions which are provisions which, if complied with, turn regulated activities into unregulated activities.
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