Q&As

Where a jurisdiction clause provides ‘hereby submit to the non-exclusive jurisdiction of the Scottish courts’ but the defendant is resident within England and Wales, is it permissible to issue proceedings in the English courts?

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Published on LexisPSL on 18/08/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where a jurisdiction clause provides ‘hereby submit to the non-exclusive jurisdiction of the Scottish courts’ but the defendant is resident within England and Wales, is it permissible to issue proceedings in the English courts?
  • Non exclusive jurisdiction clauses
  • Civil Jurisdiction and Judgments Act 1982
  • Other points to note

Non exclusive jurisdiction clauses

A non-exclusive jurisdiction clause in an agreement generally indicates the parties’ agreement to submit a dispute arising out of the agreement to the courts of a particular jurisdiction, in this case Scotland, but also leaves either party with the option to commence legal proceedings in the courts of any other jurisdiction. Note that exclusive jurisdiction clauses are much more restrictive and mean that a party can only commence proceedings in the jurisdiction specified in the jurisdiction clause.

The English courts’ approach to jurisdiction clauses, whether exclusive or non-exclusive, is one of construction of the agreement applying ordinary contractual principles.

For information on types of jurisdiction agreements, see Practice Note: Jurisdiction agreements—introduction.

Civil Jurisdiction and Judgments Act 1982

When dealing with ju

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