Jurisdiction in Scottish civil litigation
Produced in partnership with Dr Kirsty J. Hood of Themis Advocates
Jurisdiction in Scottish civil litigation

The following Dispute Resolution practice note Produced in partnership with Dr Kirsty J. Hood of Themis Advocates provides comprehensive and up to date legal information covering:

  • Jurisdiction in Scottish civil litigation
  • Purpose and nature of Scottish jurisdiction rules
  • The Scottish court hierarchy and understanding jurisdiction rules
  • Jurisdiction of the Scottish courts in civil and commercial matters
  • Brussels I (recast)—Regulation (EU) 1215/2012
  • Lugano Convention
  • Hague Convention on choice of court agreements
  • Intra-UK rules—schedule 4, CJJA 1982
  • Residual rules—schedule 8, CJJA 1982
  • Multiple proceedings
  • More...

This Practice Note provides an overview of jurisdiction in Scotland in terms of considering whether the dispute should be dealt with in Scotland. For guidance on:

  1. the potential impact of the UK’s decision to leave the EU on issues of jurisdiction, see Practice Note: Brexit—jurisdiction [Archived]

  2. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

  3. other key areas of Scottish law and procedure, see our Scotland toolkit

  4. the position in England and Wales, see: Introduction to jurisdiction—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of jurisdiction

Key:

  1. Regulation (EU) 1215/2012, Brussels I (recast)

  2. CJJA 1982—Civil Jurisdiction and Judgments Act 1982

  3. Hague Convention Choice of Court regulations 2015, SI 2015/1644

    References:

    Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015, SI 2015/1644

This Practice Note should be read in conjunction with: Determining jurisdiction in Scottish civil litigation—checklist.

Note: this Practice Note reflects the current state of the law. For guidance on the impact on jurisdiction issues of the UK’s decision to leave the EU, see Practice Note: Brexit—jurisdiction [Archived].

Purpose and nature of Scottish jurisdiction rules

The circumstances giving rise

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