English court jurisdiction—requirements
English court jurisdiction—requirements

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • English court jurisdiction—requirements
  • Test to establish jurisdiction—three requirements
  • Test to establish jurisdiction—timing
  • Serious issue to be tried (first requirement)
  • Good arguable case (second requirement)
  • Impact of issue estoppel
  • Forum conveniens (third requirement)
  • Application to set aside

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering whether permission of the court will be required to serve a claim form on a defendant in an EU Member State. For guidance, see: Cross border considerations—checklist, in particular main sections Jurisdiction—Brexit specific and Service—Brexit specific.

This Practice Note sets out the three key requirements the court will consider when determining whether the court has jurisdiction, as set out by the Privy Council in AK Investment v Kyrgyz Mobil. The requirements are a serious issue to be tried, a good arguable case and a clear and distinct proper forum. It should be noted that in other law reports this decision is referenced as Altimo Holdings & Investment Ltd v Kyrgyz Mobil Tel Ltd.

These three requirements will be considered by the court during any application by:

  1. the claimant to serve a claim form out of the jurisdiction. For guidance on serving a claim form out of the jurisdiction, see Practice Notes: Serving outside the jurisdiction with court permission—application and order and Service out of the jurisdiction—process flow

  2. the defendant to dispute the jurisdiction of the court to hear a claim where cross border issues arise. For guidance on disputing the court’s jurisdiction, see Practice Notes: Challenging court jurisdiction—general principles, Challenging court jurisdiction—has