Jurisdiction in foreign accident claims

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Jurisdiction in foreign accident claims
  • Defining and identifying jurisdiction
  • Impact of IP completion day
  • Court proceedings commenced before 1 January 2021
  • Court proceedings commenced on or after 1 January 2021
  • Court proceedings commenced but not served before 1 January 2021
  • Service on or after 1 January 2021
  • Scotland and Northern Ireland
  • Allocation of jurisdiction within the UK
  • Service in Scotland or Northern Ireland
  • More...

Jurisdiction in foreign accident claims

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)).

Defining and identifying jurisdiction

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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