The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
NOTE: IP completion day has very significant implications for practitioners considering which courts have jurisdiction. See Practice Note: What does IP completion day mean for PI & Clinical Negligence claims? including, in particular, main section: Jurisdiction.
IP completion day is defined in the European Union (Withdrawal Agreement) Act 2020 as 11 pm on 31 December 2020.
For guidance on the European jurisdictional rules which may apply where court proceedings were commenced before 1 January 2021, see Practice Note: Jurisdiction in EU related accident claims—proceedings issued before 1 January 2021. It is worth noting that Brussels I (recast) may continue to have relevance to proceedings commenced from 1 January 2021 if related to pre-existing proceedings commenced before that date (see Articles 29 to 31 of Regulation (EU) 1215/2012, Brussels I (recast)).
Jurisdiction is the competence or power of a court, for our purposes in England and Wales, to hear and determine a claim.
Jurisdiction is different from the applicable law governing the claim. The courts of England and Wales may have jurisdiction to hear a claim but it does not necessarily mean that the applicable law of the claim is English law. For guidance on the different regimes for identifying the applicable law, see Practice Note: Choice of law in foreign accident claims.
Jurisdiction relates to whether the claim can be brought in
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