Jurisdiction: an overview

by Practical Law Dispute Resolution

A Practice Note providing an overview of the jurisdictional issues that arise in litigation with a foreign element, such as a foreign party or events occurring in another country. This Practice Note examines the complex framework of rules determining whether the English courts have jurisdiction, including the profound changes following the UK's withdrawal from the EU. It outlines the distinct jurisdictional regimes that apply, including the Hague Convention on Choice of Court Agreements 2005, the common law, the gateways allowing service of a claim out of the jurisdiction without the court's permission and the European regime. A key consideration is the date proceedings were instituted, as different rules govern disputes initiated before and after the end of the Brexit transition period. This note clarifies the continued application of the Recast Brussels Regulation for transitional cases under the UK-EU withdrawal agreement, and explains the shift to common law principles and the Hague Convention on Choice of Court Agreements for proceedings commenced after the end of the transition period, impacting various aspects of practice and procedure, from service of process to the availability of anti-suit injunctions.