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Civil Jurisdiction and Judgments 6th New edition [Kietas viršelis]

Adrian Briggs

Formatas: Hardback, 898 pages, aukštis x plotis: 246x174 mm, weight: 1874 g
Serija: Lloyd's Commercial Law Library
Išleidimo metai: 04-Jun-2015
Leidėjas: Routledge
ISBN-10: 1138825603
ISBN-13: 9781138825604

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Formatas: Hardback, 898 pages, aukštis x plotis: 246x174 mm, weight: 1874 g
Serija: Lloyd's Commercial Law Library
Išleidimo metai: 04-Jun-2015
Leidėjas: Routledge
ISBN-10: 1138825603
ISBN-13: 9781138825604

Kitos knygos pagal šią temą:

Pastovi nuoroda: https://www.kriso.lt/db/9781138825604.html

Raktažodžiai:

Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009.

This book looks in detail at

the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments

This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.

Recenzijos

"This impressive work of scholarship... this book is to be welcomed as a definitive work on how civil judgments are enforced internationally when you are talking about -- and involved with -- inter-jurisdictional matters. Every practitioner, particularly those specialising in international private law, should have a copy." Phillip Taylor MBE, Richmond Green Chambers

Preface

xxix

Table of Cases

xxxi

Table of Statutes

lxxii

Table of Statutory Instruments

lxxvii

Table of Civil Procedure Rules

lxxx

Table of European Legislation

lxxxiii

Chapter 1 Introduction

(22)

Nature of the subject and scheme of the book

(1)

1.01 General introduction

(2)

English common law and common European law

(1)

1.02 General

(1)

1.03 Relationship between jurisdictional systems

(1)

Primary sources of the law

(1)

1.04 The Conventions

(2)

1.05 The Brussels Convention

(1)

1.06 Accession of Denmark, Ireland and the United Kingdom

(1)

1.07 Accession of the Hellenic Republic

(1)

1.08 Accession of Portugal and Spain

(1)

1.09 Accession Austria, Finland and Sweden

(1)

1.10 The Lugano Convention

(1)

1.11 The Brussels Regulation: Regulation (EC) 44/2001

(1)

1.12 The Lugano II Convention

(1)

1.13 The Brussels Regulation `recast': Regulation 1215/2012

(1)

Secondary sources of the law

(1)

1.14 General

(1)

1.15 Official Reports on the Brussels and Lugano Conventions

(1)

1.16 References to the European Court for a preliminary ruling

(2)

1.17 The authority of decided cases

(1)

1.18 Academic sources

(1)

Human rights and discrimination

(1)

1.19 European Union law and the Human Rights Act

(2)

1.20 The European Convention on Human Rights

(2)

1.21 Article 6 of the ECHR and the right to a fair hearing

(5)

Chapter 2 Jurisdiction Under The Brussels I Regulation

(345)

Introductory matters

(1)

2.01 General

(3)

2.02 General principles of interpretation of the Regulation

(1)

2.03 The terms of the Regulation are given an equal and uniform interpretation

(2)

2.04 The nature of autonomous interpretation

(1)

2.05 A purposive interpretation of the Regulation

(1)

2.06 Where the Regulation has general rules and exceptions, the latter are construed narrowly

(2)

2.07 Interpretation must help keep the risk of irreconcilable decisions to a minimum

(1)

2.08 Interpretation should promote legal certainty, predictability and proximity

(2)

2.09 All national courts are of equal authority, and none has institutional superiority

(1)

2.10 The hierarchy of jurisdictional rules

(5)

2.11 Disputing the jurisdiction of the English court

(1)

2.12 The need to be first to commence proceedings

(1)

2.13 Prospective claimant

(1)

2.14 Prospective defendant

(2)

2.15 The absence of other means of preventing a court from exercising jurisdiction

(1)

2.16 Bringing substantive proceedings notwithstanding those in another court

(2)

2.17 Application for an injunction to restrain the bringing of proceedings in other Member States

(2)

2.18 Bringing proceedings in a non-Member State

(1)

2.19 What a defendant should do if served with process in a case to which the Regulation applies

(1)

2.20 What a claimant may do if the defendant does not enter an appearance

(1)

2.21 The nature of the jurisdictional rules of the Regulation

(2)

2.22 The hierarchy of jurisdictional rules established by the Regulation

(1)

(1) The domain or scope of the Brussels I Regulation

(1)

2.23 General

(1)

2.24 Temporal, geographical, personal and international scope of the Regulation

(1)

2.25 Temporal scope

(1)

2.26 Geographical scope

(1)

2.27 Personal scope

(1)

2.28 International scope

(3)

2.29 Material scope of the Regulation: Article 1

(1)

2.30 Matters excluded from the Regulation: broad, neutral or narrow interpretation

(2)

2.31 Civil and commercial matters: proceedings brought by public authorities against private parties

(4)

2.32 Civil and commercial matters: proceedings brought by private parties against private parties

(1)

2.33 Civil and commercial matters: proceedings brought against public bodies

(2)

2.34 Civil and commercial matters: proceedings brought against private persons exercising public functions

(1)

2.35 Civil and commercial matters: the activity from which the claim arises

(1)

2.36 Civil and commercial matters: excluded matters which arise only incidentally

(1)

2.37 Civil and commercial matters: the principle that the greater includes the less, or the `umbrella' principle

(2)

2.38 Matters specifically excluded from the domain of the Regulation by Article 1

(1)

2.39 Matters of personal capacity and status, family property and succession

(2)

2.40 Bankruptcy and insolvency

(3)

2.41 Social security

(1)

2.42 Arbitration: the broad principle

(1)

2.43 Arbitration and Regulation 44/2001: problems of interpretation and application

(2)

2.44 Arbitration and Regulation 1215/2012

(1)

2.45 Conclusion

(1)

(2) Jurisdiction under another Convention or instrument

(1)

2.46 General

(1)

2.47 Conventions on particular matters

(2)

2.48 Incorporation by reference of jurisdiction authorised by a particular Convention

(2)

2.49 Particular Conventions with jurisdictional privilege

(1)

2.50 Maritime and other Conventions

2.51 The European Convention on Human Rights as an Article

(18)

Convention

(1)

2.52 Other Union leges speciales

(2)

2.53 Conclusion

(1)

(3) Exclusive jurisdiction, regardless of domicile

(1)

2.54 General

(1)

2.55 Title to, and tenancies of, immovable properties in a Member State: Article 24(1)

(1)

2.56 Proceedings having as their object rights in rem in immovable property

(2)

2.57 Claims based on personal obligations relating to land

(2)

2.58 A dispute which requires the application of principles of land law

(1)

2.59 Proceedings having as their object tenancies of immovable property

(2)

2.60 Proceedings in which Article 24(1) is prompted by the defence, not the claim

101

(1)

2.61 Short private lettings: concurrent exclusive jurisdiction

102

(1)

2.62 Immovable property in the United Kingdom

103

(1)

2.63 Immovable property in a non-Member State

103

(1)

2.64 Companies with their seat in a Member State: Article 24(2)

104

(1)

2.65 General

104

(1)

2.66 The issue of corporate validity as the principal element in the proceedings

105

(1)

2.67 The jurisdictional effect of imperfections in corporate decision-taking

105

(2)

2.68 The identification of the seat of the company

107

(1)

2.69 Company with seat in the United Kingdom

108

(1)

2.70 Validity of entries in public registers: Article 24(3)

108

(1)

2.71 Registers in the United Kingdom

109

(1)

2.72 Intellectual property rights registered in Member States: Article 24(4)

110

(1)

2.73 General

110

(1)

2.74 Invalidity raised as a defence to an infringement claim

111

(1)

2.75 Claims involving multiple national patents

112

(2)

2.76 Deposit or registration in the United Kingdom

114

(1)

2.77 Enforcement of judgments from the courts of Member States: Article 24(5)

114

(1)

2.78 General

115

(1)

2.79 Orders made in relation to judgments from other Member States

115

(1)

2.80 Enforcement orders made in aid of English judgments

116

(3)

2.81 Judgments from non-Member States

119

(1)

2.82 Enforcement of judgments from courts of other Member States in the United Kingdom

119

(1)

2.83 Article 24 and connections which would point to a non-Member State

119

(1)

2.84 Conclusion

120

(1)

(4) Jurisdiction by entering an appearance

120

(1)

2.85 General

120

(1)

2.86 Entering an appearance, rather than submission

121

(1)

2.87 Contesting the jurisdiction of the court: principles

122

(3)

2.88 Contesting the jurisdiction of the court: procedure

125

(1)

2.89 Appearance by insured, consumer or employee

125

(1)

2.90 Conclusion

125

(1)

(5) Jurisdictional privilege in matters relating to insurance

125

(1)

2.91 General

125

(1)

2.92 Structure and importance of Section 3 of
Chapter II

126

(2)

2.93 Professional and non-professional insurance relationships

128

(1)

2.94 General jurisdictional rules: Articles 11 to 14

129

(2)

2.95 Agreements on choice of court: Articles 15 and 16

131

(2)

2.96 International jurisdiction in the courts of the United Kingdom

133

(1)

2.97 Conclusion

134

(1)

(6) Jurisdictional privilege in matters relating to certain consumer contracts

134

(1)

2.98 General

134

(1)

2.99 General scope and purpose of Section 4 of
Chapter II

135

(1)

2.100 The parties to the contract and to the litigation: Article 17

136

(2)

2.101 The purpose for which the contract was made

138

(2)

2.102 Contracts made for mixed purposes

140

(1)

2.103 The three classes of contract to which the Section applies

141

(1)

2.104 Contracts of sale on instalment credit terms

141

(1)

2.105 Contracts made to finance the sale of goods

141

(141)

2.106 Contracts made with those who direct activity to, or pursue activity in, Member States

142

(3)

2.107 Matters relating to a contract: `congratulations, you have won a prize' cases

145

(1)

2.108 Matters relating to a contract: rescission and repayment claims

146

(1)

2.109 Jurisdictional rates: Article 18

147

(1)

2.110 Agreement on choice of court: Article 19

148

(1)

2.111 Further legislative provision for small claims

149

(1)

2.112 International jurisdiction in the courts of the United Kingdom

150

(1)

2.113 Conclusion

150

(1)

(7) Jurisdictional privilege and contracts of employment

150

(1)

2.114 General

150

(1)

2.115 General scope and purpose of Section 5 of
Chapter II

151

(1)

2.116 The working relationships to which Section 5 of
Chapter II applies

152

(2)

2.117 Former employment

154

(1)

2.118 The relationship between the claim and the employment

154

(1)

2.119 Jurisdictional rules: Articles 20 to 23

155

(1)

2.120 Employment in more than one Member State

156

(3)

2.121 Agreements on jurisdiction

159

(1)

2.122 International jurisdiction in the courts of the United Kingdom

160

(1)

2.123 Conclusion

161

(1)

(8) Agreements on jurisdiction for courts of Member States

161

(1)

2.124 General

161

(1)

2.125 The general effect of an agreement on jurisdiction

162

(2)

2.126 Managing jurisdictional disputes: agreement for English court

164

(2)

2.127 Managing jurisdictional disputes involving an agreement for the courts of a Member State

166

(2)

2.128 The nature of agreement on the jurisdiction of courts: prior to 2015

168

(2)

2.129 The nature of agreement on the jurisdiction of courts: after 2015

170

(1)

2.130 Formal requirements for an agreement on jurisdiction: general

171

(1)

2.131 Agreement of the party to be bound, in writing, or evidenced in writing

172

(3)

2.132 Agreement according with the parties' established practices

175

(1)

2.133 Agreement according with the practices of international trade

176

(1)

2.134 Agreement to jurisdiction incorporated from one document into another

176

(2)

2.135 Article 25 and strangers to the original agreement

178

(2)

2.136 The possibility of `lifting the veil of incorporation' and then applying Article 25

180

(2)

2.137 Subrogation by insurers and the effect of agreements made by their insured

182

(1)

2.138 Content of the jurisdiction agreement: choosing the courts of two Member States

183

(1)

2.139 Content of the jurisdiction agreement: non-exclusive jurisdiction

184

(1)

2.140 Content of the jurisdiction agreement: lop-sided agreements

185

(1)

2.141 Content of the jurisdiction agreement: non-geographical designation of court

186

(1)

2.142 Content of the jurisdiction agreement: the courts of the United Kingdom

187

(2)

2.143 Content of the jurisdiction agreement: the courts of a non-Member State

189

(1)

2.144 Content of the jurisdiction agreement: the disputes falling within its scope

189

(1)

2.145 Challenges to the formal sufficiency of the jurisdiction agreement and the (non--)role of national law

190

(1)

2.146 Challenges to the substantive validity of the jurisdiction agreement: national law

191

(3)

2.147 Agreements on jurisdiction in trust instruments

194

(1)

2.148 Jurisdiction by agreement derived from other contractual terms

194

(1)

2.149 Conclusion

195

(1)

(9) General jurisdiction over defendants domiciled in the United Kingdom

195

(1)

2.150 General

195

(1)

2.151 Scope and effect of general jurisdiction

195

(2)

2.152 The determination of a defendant's domicile

197

(1)

2.153 Domicile in the United Kingdom: individuals

198

(1)

2.154 Domicile of corporations and associations: scheme and purpose

199

(1)

2.155 Domicile of companies or associations for general jurisdictional purposes

200

(1)

2.156 Seat of company or association for purpose of Article 24(2)

201

(1)

2.157 Deemed domicile of non-Member State insurers, suppliers and employers

202

(1)

2.158 Domicile of trusts

203

(1)

2.159 Domicile of the Crown

204

(1)

2.160 Conclusions

204

(1)

(10) Special jurisdiction over a defendant domiciled in another Member State

204

(1)

2.161 General

204

(1)

2.162 Special jurisdiction under Article 7

205

(1)

2.163 Relationship to questions of applicable law

206

(1)

2.164 Special jurisdiction in matters relating to a contract: Article 7(1)

207

(1)

2.165 Development of special jurisdiction in matters relating to a contract

207

(2)

2.166 Matters relating to a contract: development of an autonomous definition

209

(2)

2.167 The decision in Handte: claims involving strangers to the agreement

211

(2)

2.168 The decision in Handte: the nature of undertakings freely entered into

213

(1)

2.169 Matters relating to a contract: one party disputing the existence of a contract

214

(1)

2.170 Matters relating to a contract: voidable contracts and `void contracts'

215

(2)

2.171 Matters relating to a contract: tortious misconduct by contracting parties

217

(2)

2.172 Matters relating to a contract: unjust enrichment and similar causes of action

219

(1)

2.173 The obligation in question which points to special jurisdiction

220

(1)

2.174 Identifying the contract as one for the sale of goods

221

(1)

2.175 Identifying the contract as one for the provision of services

222

(2)

2.176 Definition of the obligation in question in contracts of sale and provision of services

224

(2)

2.177 Definition of the obligation in question when the contract is not sale or provision of services: Article 7(1)(a)

226

(2)

2.178 Locating the place of performance of the obligation in question for contracts falling under Article 7(1)(a)

228

(2)

2.179 Locating the place of performance of the obligation in question for contracts falling under Article 7(1)(b)

230

(2)

2.180 Concentrating the place of performance of the obligation under Article 7(1)(b) when the services are provided in several Member States

232

(1)

2.181 Concentrating the place of performance of the obligation under Article 7(1)(b) when the goods are to be delivered in several places

233

(1)

2.182 Concentrating the place of performance of the obligation under Article 7(1)(a) when the obligation in question is to be performed in several places

234

(1)

2.183 Locating the place of performance if one of the places indicated is in a non-Member State

235

(1)

2.184 Joinder of contractual and non-contractual claims in the same proceedings

236

(2)

2.185 International jurisdiction in the United Kingdom

238

(1)

2.186 Special jurisdiction in matters relating to tort, delict and quasi-delict: Article 7(2)

238

(1)

2.187 Matters relating to tort, delict or quasi-delict: introduction

238

(1)

2.188 Matters relating to tort, delict or quasi-delict: the decision in Kalfelis and the meaning of liability

239

(2)

2.189 Matters relating to tort, delict or quasi-delict: subsequent jurisprudence of the Court

241

(3)

2.190 Matters relating to tort, delict or quasi-delict: the relationship between Article 7(2) and the Rome II Regulation

244

(1)

2.191 Matters relating to tort, delict or quasi-delict: pre-contractual liability, and proceedings which find fault with the making of a contract

245

(2)

2.192 Matters relating to tort, delict or quasi-delict: concurrent causes of action and the relationship between Articles 7(1) and 7(2)

247

(1)

2.193 Matters relating to tort, delict or quasi-delict: obligations based on a duty of care

247

(1)

2.194 Matters relating to tort, delict or quasi-delict: claims against professional providers of services

248

(1)

2.195 Matters relating to tort, delict or quasi-delict: claims in tort answered by contractual defences

249

(1)

2.196 Matters relating to tort, delict or quasi-delict: equitable obligation

249

(1)

2.197 Matters relating to tort, delict or quasi-delict: unjust enrichment

250

(1)

2.198 Matters relating to tort, delict or quasi-delict: product liability

250

(1)

2.199 The harmful event: general interpretation

250

(2)

2.200 The harmful event and proceedings for declaratory

252

(3)

2.201 The damage limb of Bier: the damage which is relevant and that which is not

255

(1)

2.202 The damage limb of flier: locating the place where the damage occurred

255

(1)

2.203 The damage limb of Bier, locating the place where pure financial occurred

256

(5)

2.204 The damage limb of Bier: damage occurring or loss arising in several Member States

261

(2)

2.205 The `causal event' limb of Bier: uniform interpretation at the event giving rise to the damage

263

(1)

2.206 The `causal event' limb of Bier: the significant event at the beginning of the story

264

(2)

2.207 The `causal event' limb of liter, the person whoso mi or omission is material

266

(1)

2.208 No `accessory' special jurisdiction under Article 7(2)

266

(1)

2.209 Special jurisdiction in respect of threatened or anticipated torts

267

(1)

2.210 International jurisdiction in the English court

267

(1)

2.211 Special jurisdiction over civil claims raised in cultural cases: Article 7(3)

268

(1)

2.212 Special jurisdiction over civil claims to recover a cultural object: Article 7(4)

268

(1)

2.213 Special jurisdiction over a defendant operating through a branch or agency: Article 7(5)

269

(1)

2.214 General

269

(1)

2.215 Branch, agency or other establishment

270

(2)

2.216 Dispute arising from the operations of the branch agency or establishment

272

(1)

2.217 International jurisdiction in the English court

273

(1)

2.218 Special jurisdiction over a trustee, beneficiary or sued as such: Article 7(6)

273

(1)

2.219 General

273

(1)

2.220 Trusts domiciled in the United Kingdom

274

(1)

2.221 The nature of the proceedings falling within Article 7(6)

274

(1)

2.222 Jurisdiction over payment in respect of salvage claims: Article 7(7)

275

(1)

2.223 Special jurisdiction under Article 8

276

(1)

2.224 General approach to Article 8

276

(1)

2.225 Special jurisdiction over co-defendants Article 8(1)

276

(1)

2.226 General

277

(1)

2.227 The claim against the `anchor' defendant: jurisdicational basis

278

(1)

2.228 The nature of the claim against the `anchor' defendant

279

(2)

2.229 The nature and degree of connection between the claims against the defendants

281

(4)

2.230 The connection between the claims against the defendants in cases concerned with intellectual property rights

285

(1)

2.231 Proceedings brought against a defendant designed to remove a co-defendant from the court otherwise competent over him

286

(2)

2.232 International jurisdiction in the courts of the United Kingdom

288

(1)

2.233 Special jurisdiction over claims against third parties: Article 8(2)

288

(1)

2.234 Jurisdiction in the main proceedings

289

(1)

2.235 Jurisdiction over the third party

290

(1)

2.236 Proceedings brought to remove the third party from the courts of his domicile

290

(1)

2.237 The types of proceedings falling within Article 8(2)

291

(1)

2.238 The discretion to decline to exercise jurisdiction under Article 8(2)

292

(1)

2.239 Proceedings in the English court

293

(1)

2.240 Special jurisdiction over counterclaims: Article 8(3)

293

(1)

2.241 General

294

(1)

2.242 The nature of a counterclaim

294

(1)

2.243 Proceedings in the English court

295

(1)

2.244 Special jurisdiction in personal claims connected to proceedings in rem relating to land: Article 8(4)

295

(1)

2.245 Land in the United Kingdom

296

(1)

2.246 Special jurisdiction to limit liability resulting from use of a ship: Article 9

296

(1)

2.247 Conclusion

296

(1)

(11) Residual jurisdiction over defendant not having a domicile in a Member State

297

(1)

2.248 General

297

(1)

2.249 Residual jurisdiction

297

(1)

2.250 Consequences of taking jurisdiction on the basis of the residual rules

298

(1)

2.251 Service of process on the defendant in cases to which the residual rules apply

299

(1)

(12) Jurisdiction to order provisional or protective relief

299

(1)

2.252 General

299

(1)

2.253 The operation of Article 35

300

(1)

(13) Examination of jurisdiction in certain circumstances

300

(1)

2.254 General

300

(1)

2.255 Examination of jurisdiction to check for exclusive jurisdiction: Article 27

300

(1)

2.256 The nature of the examination required of the court

300

(1)

2.257 Examination of jurisdiction where the defendant does not appear: Article 28

301

(1)

2.258 The nature of the examination required of the court

301

(3)

2.259 Conclusion

304

(1)

(14) Lis pendens in another Member State

304

(1)

2.260 The general effect of a lis pendens in another Member State: Articles 29 to 32

304

(1)

2.261 Possible consequences of lis alibi pendens

304

(1)

2.262 Identical proceedings pending before court in another Member State Article 29

305

(1)

2.263 General approach to Article 29: duty of the court seised second

306

(1)

2.264 General approach to Article 29: duly of the court seised first

307

(2)

2.265 The same cause of action under Article 29: identity of object and identity of cause

309

(2)

2.266 The same cause of action: examples and complexity in identity of object and identity of cause

311

(2)

2.267 The same parties under Article 29: identity of parties

313

(2)

2.268 Date on which a court is seised: background

315

(2)

2.269 A uniform approach to the date of seism for the purpose of the Regulation

317

(3)

2.270 The date of seisin: multiple defendants

320

(1)

2.271 Problems arising from the amendment of pleadings

320

(4)

2.272 Court ceasing to be seised or staying its proceedings

324

(4)

2.273 The court seised second considers that it has general, special or residual jurisdiction and that the court seised first does not have jurisdiction

328

(1)

2.274 The court seised second believes it has exclusive jurisdiction regardless of domicile and that the court seised first does not

328

(1)

2.275 The court seised second believes it has exclusive jurisdiction on the basis of Sections 3, 4, or 5 of
Chapter II and that the court seised first does not

329

(1)

2.276 The court seised second believes it has exclusive jurisdiction on the basis of prorogation by agreement and the court seised first does

330

(1)

2.277 The effect of Article 31 of Regulation 1215/2012

331

(1)

2.278 The court which is seised is informed by the parties that Article 29 is not an impediment to its jurisdiction

332

(1)

2.279 The duty of the court seised first and the power of case management

333

(1)

2.280 Court seised first in another part of the United Kingdom

334

(1)

2.281 Related action in another Member State: Article 30

335

(1)

2.282 General approach to Article 30

335

(1)

2.283 Identification of actions as `related'

336

(2)

2.284 The forms of relief which the court seised second may order

338

(1)

2.285 If relief is to be granted, selecting between the options available to the court seised second

338

(2)

2.286 The material date of seisin for the purpose of Article 30

340

(1)

2.287 Concurrent exclusive jurisdictions: Article 31(1)

341

(1)

(15) Lis pendens in, and other pointers to, a non-Member State

341

(1)

2.288 Lis pendens in a Lugano State or a Brussels (Convention territory

341

(1)

2.289 Lis pendens in a non-Member State: general background

341

(1)

2.290 Proceedings involving the same cause of action pending before the courts of a non-Member State: Article 33

342

(1)

2.291 Background to Article 33

342

(2)

2.292 Application of Article 33

344

(1)

2.293 Assessment of the interests of justice

344

(1)

2.294 Problems associated with the status of the foreign judgment

345

(2)

2.295 Lifting the stay

347

(1)

2.296 Related proceedings pending before the courts of a non-Member State: Article 34

347

(1)

2.297 Operation of Article 34

347

(1)

2.298 Pointers to the courts of a non-Member State in which proceedings have not been instituted and are not pending: the question which needs to be answered

348

(1)

2.299 Judicial discretion to decline to exercise jurisdiction conferred by the Regulation

348

(1)

2.300 Some arguments for and against the existence of jurisdictional discretion

349

(1)

2.301 The nature of jurisdictional rules made by the Regulation

350

(1)

2.302 A broad brush answer or a series of separate questions?

351

(1)

2.303 Court has general jurisdiction but a more appropriate forum is in another Member State

352

(1)

2.304 Court has general jurisdiction but a more appropriate forum is in a non-Member State

352

(2)

2.305 Court has general jurisdiction but a pointer to a non-Member State reflects Articles 24 and 25 of the Regulation

354

(1)

2.306 The Lugano Opinion

355

(2)

2.307 Court has general jurisdiction but the parties made an agreement on choice of court for a non-Member State

357

(2)

2.308 Court has general jurisdiction but there is an `Article 24 connection' pointing to the courts of a non-Member State

359

(1)

2.309 Court has jurisdiction based on Article 6, but there is a material connection to the courts of a non-Member State

360

(1)

2.310 Court has jurisdiction based on Article 6, but there is a material connection to the courts of another Member State

360

(1)

2.311 Court has jurisdiction based on Article 6, but there is a lis pendens before the courts of another Member State

361

(1)

(16) International jurisdiction in `the United Kingdom'

362

(1)

2.312 Allocation of national jurisdiction to a part of the United Kingdom

362

(2)

2.313 Internal jurisdiction in non-international cases

364

(1)

2.314 Schedule 4 to the 1982 Act: general

364

(1)

2.315 Schedule 4 to the 1982 Act: detailed provisions

365

(3)

Chapter 3 Jurisdiction Under The Lugano Ii Convention

368

(11)

3.01 The Lugano II Convention

368

(2)

3.02 The Brussels Convention

370

(1)

3.03 Interpretation of the Lugano II Convention

370

(1)

3.04 The jurisdictional rules of the Lugano II Convention

371

(1)

3.05 (Q1) Scope of the Lugano II Convention: Lugano II Arts 1 and 63

371

(1)

3.06 (Q2) Jurisdiction derived from other Conventions: Lugano II Art 67

372

(1)

3.07 (Q3) Exclusive jurisdiction regardless of domicile: Lugano II Art 22

373

(1)

3.08 (Q4) Jurisdiction by entering of an appearance: Lugano II Art 24

373

(1)

3.09 (Q5) Privileged jurisdiction in relation to insurance: Lugano II Arts 8 to 14

373

(1)

3.10 (Q6) Privileged jurisdiction in relation to consumer contracts: Lugano II Arts 15 to 17

373

(1)

3.11 (Q7) Privileged jurisdiction over individual contracts of employment: Lugano II Arts 18 to 21

374

(1)

3.12 (Q8) Agreements on jurisdiction for the courts of a Lugano State: Lugano II Art 23

374

(1)

3.13 (Q9) Defendant domiciled in the United Kingdom: Lugano II Art 2

375

(1)

3.14 (Q10) Special jurisdiction over defendant domiciled only in another Contracting State: Lugano II Arts 5 to 7

376

(1)

3.15 (Q11) Residual jurisdiction over defendant without a domicile in a Contracting State: Lugano II Art 4

376

(1)

3.16 (Q12) Jurisdiction to order provisional including protective measures: Lugano II Art 31

376

(1)

3.17 (Q13) Examination of jurisdiction on limited grounds: Lugano II Arts 25 and 26

377

(1)

3.18 (Q14) Lis pendens in another State to which the Convention applies: Lugano II Arts 27 to 30

377

(1)

3.19 (Q15) Lis pendens in a State in which the Lugano II Convention does not apply; and other points of contact with such a State

378

(1)

3.20 (Q16) International jurisdiction given by the Conventions to the courts of the United Kingdom

378

(1)

Chapter 4 The Common Law Rules Of Jurisdiction

379

(129)

Introductory matters

379

(1)

4.01 Introduction

379

(1)

The common law principles of jurisdiction

380

(1)

4.02 General

380

(2)

4.03 Consequences of service effected within the jurisdiction

382

(1)

4.04 Service out of the jurisdiction

382

(1)

4.05 Cases where jurisdiction at common law does not and cannot exist

383

(1)

4.06 Claims which depend on showing title to foreign land: the Mocambique rule

383

(2)

4.07 Exceptions to the Mocambique rule (1): enforcing personal obligations ancillary to the land

385

(1)

4.08 Exceptions to the Mozambique rule (2): claims based on tort or trespass to foreign land

385

(2)

4.09 Jurisdiction over claims which turn on the validity of foreign intellectual property rights

387

(1)

4.10 Jurisdiction over claims which require a court to enforce a foreign penal, revenue or public law of an analogous kind

388

(1)

4.11 Jurisdiction denied by general principles of public international law

389

(2)

4.12 Jurisdiction in relation to multi-State defamation

391

(1)

Proceedings commenced by service within the jurisdiction: applying for a stay of proceedings

392

(1)

4.13 General

392

(1)

4.14 Legislative limitations on the general power to stay proceedings

393

(3)

4.15 Staying proceedings: private interests and public interest

396

(1)

4.16 Staying proceedings commenced by service within the jurisdiction: general

396

(2)

Staying proceedings on the ground of forum non conveniens

398

(1)

4.17 General structure of the Spiliada test: two limbs to answer a single question

398

(2)

4.18 Nature and length of applications for a stay

400

(1)

4.19 First limb of the Spiliada test: the `availability' of the foreign forum

401

(2)

4.20 Availability and the claimant's prospects of success on the merits

403

(1)

4.21 Availability and the prospects of a fair trial

403

(2)

4.22 The first limb of the Spiliada test: the `natural forum' or the `appropriate forum'

405

(1)

4.23 The first limb of the Spiliada test: the pointers to appropriateness

406

(1)

4.24 Appropriateness (1): personal connections of the parties

406

(1)

4.25 Appropriateness (2): evidence in relation to the events

407

(1)

4.26 Appropriateness (3): the law which will be applied to decide the issues raised

408

(2)

4.27 Appropriateness (4): the effect of a lis alibi pendens

410

(1)

4.28 Appropriateness (5): standing back to take a broader view

411

(2)

4.29 The first limb of the Spiliada test: the consequences

413

(1)

4.30 The second limb of the Spiliada test: whether it is unjust to stay the proceedings

413

(1)

4.31 Pointers to injustice (1): differences in matters of law and procedure

414

(2)

4.32 Pointers to injustice (2): differences in time bar rules

416

(2)

4.33 Pointers to injustice (3): differences in applicable law and effect of judgments

418

(2)

4.34 Pointers to injustice (4): claimant may win in England but will lose overseas

420

(1)

4.35 Pointers to injustice (5): direct attacks on the integrity of foreign court

421

(2)

4.36 The Spiliada test: relevance of the merits of the claim or the defence

423

(1)

4.37 The Spiliada test: various responses to lit alibi pendens

424

(3)

4.38 Time (limit) for making the application for a stay

427

(1)

4.39 The Spiliada test: critical views

428

(3)

4.40 Stay of proceedings on the ground of case management

431

(1)

Staying proceedings by reference to agreement on choice of court

431

(1)

4.41 General approach

431

(2)

4.42 Construction of the choice of court agreement: its scope, validity, and nature

433

(1)

4.43 Scope of the choice of court agreement: the law to which the issue is referred

434

(1)

4.44 Material scope of an agreement on choice of court governed by English law

435

(2)

4.45 Material scope of a choice of court agreement: more complex contractual structures

437

(2)

4.46 Scope of choice of court in one contract having effect on parties to a related contract

439

(1)

4.47 Personal scope of choice of court agreement: privity and related issues

440

(3)

4.48 Legal validity of the agreement on choice of court: enforceable despite the voidability or rescission of the contract in which it is contained

443

(2)

4.49 Legal validity of the choice of court agreement: challenges to validity based on arguments specific to the agreement itself

445

(1)

4.50 Nature of the choice of court agreement: bringing the objected-to proceedings as a breach of contract

446

(3)

4.51 Non-exclusive agreement as optional agreement for exclusive jurisdiction

449

(2)

4.52 Staying proceedings brought in England in a breach of contract

451

(2)

4.53 The effect of agreements on choice of court in the context of multi-partite litigation

453

(1)

4.54 Enforcing a choice of court agreement by an action for damages for breach

454

(2)

4.55 Stays sought and obtained on the basis of agreements on arbitration

456

(1)

Proceedings commenced by service out of the jurisdiction without the prior permission of the court

457

(1)

4.56 Statutory claims which allow service to be made without permission

457

(1)

Proceedings commenced by service out of the jurisdiction with the prior permission of the court

458

(1)

4.57 General structure of the rules

458

(1)

4.58 Jurisdiction founded on service out of the jurisdiction: position of the defendant

459

(1)

4.59 Jurisdiction founded on service out of the jurisdiction: position of the claimant

460

(2)

4.60 Legal basis for permission: CPR rule 6.36, and the heads of jurisdiction

462

(1)

4.61 Strictness in the interpretation of the heads of jurisdiction

463

(1)

4.62 Definition and interpretation of the statutory heads of jurisdiction

463

(6)

4.63 Claims against a defendant domiciled in England: Paragraph 3.1(1)

469

(1)

4.64 Claims for an injunction: Paragraph 3.1(2)

469

(1)

4.65 Claims made against someone who is a necessary or proper party to a claim against another: Paragraph 3.1(3)

470

(4)

4.66 Claims made under Part 20 of the Civil Procedure Rules: Paragraph 3.1(4)

474

(1)

4.67 Claims for interim remedies: Paragraph 3.1(5)

475

(1)

4.68 Claims made in respect of a contract: Paragraph 3.1(6), (7), and (8)

475

(3)

4.69 Claims relying on sub-Paragraphs (6) and (8): the contract and its connection to England

478

(3)

4.70 Claims relying on sub-Paragraph (7): contracts breached in England

481

(2)

4.71 Claims made in tort: Paragraph 3.1(9)

483

(1)

4.72 Claims made under sub-Paragraph (9): claim `made in tort' as meaning that there must be a completed cause of action?

483

(3)

4.73 Claims relying on sub-Paragraph (9)(a): damage sustained within the jurisdiction

486

(2)

4.74 Claims relying on sub-Paragraph (9)(b): damage resulting from act committed within the jurisdiction

488

(1)

4.75 Claim made to enforce a judgment or arbitral award: Paragraph 3.1(10)

489

(1)

4.76 Claim whose whole subject matter relates to property located within the jurisdiction: Paragraph 3.1(11)

489

(1)

4.77 Claims made about trusts: Paragraph 3.1(12)

490

(1)

4.78 Claims made in proceedings for the administration of estates: Paragraph 3.1(13)

490

(1)

4.79 Claims made in probate proceedings: Paragraph 3.1(14)

491

(1)

4.80 Claims made against a defendant as constructive trustee: Paragraph 3.1(15)

491

(1)

4.81 Claims made for restitution: Paragraph 3.1(16)

492

(1)

4.82 Claims made by HM Revenue and Customs: Paragraph 3.1(17)

493

(1)

4.83 Claims made for costs orders in favour of or against third parties: Paragraph 3.1(18)

493

(1)

4.84 Claims made in certain admiralty proceedings: Paragraph 3.1(19)

494

(1)

4.85 Claims made under other enactments: Paragraph 3.1(20)

494

(1)

4.86 The standard of proof needed to satisfy the elements of Paragraph 3.1

495

(2)

4.87 Discretion to authorise service out of the jurisdiction: CPR rule 6.37

497

(1)

4.88 Pointers to the exercise of discretion (1): England is the proper place to bring the claim: CPR rule 6.37(3)

497

(1)

4.89 England as the proper place: English law as the governing law

498

(2)

4.90 England as the proper place for the trial of the claim: other factors

500

(2)

4.91 England as the proper place for the trial of the claim: even though England is not the natural forum for the claim

502

(2)

4.92 The overall shape of the `proper place' or `most appropriate forum' test

504

(1)

4.93 Pointers to the exercise of discretion (2): there is a serious issue on the merits

505

(2)

4.94 Disputing jurisdiction and the exercise of jurisdiction: CPR Part 11

507

(1)

Chapter 5 Procedural Issues Relating To Jurisdiction

508

(86)

Introductory matters

508

(1)

5.01 Scope of this chapter

508

(1)

(A) Serving the claim form in England and Wales

509

(1)

5.02 Service of the claim form in the jurisdiction: general

509

(1)

5.03 Service of the claim form within the jurisdiction: methods

510

(1)

5.04 Service of claim form: period of validity for service

511

(1)

5.05 Service of the claim form by personal service in England: the necessary steps and the effective date

512

(1)

5.06 The place of service in England: general

513

(1)

5.07 Service of claim form in England by first class post

513

(1)

5.08 Service of claim form in England through a document exchange or other next-day delivery service

513

(1)

5.09 Service of claim form in England by fax

514

(1)

5.10 Service of claim form in England by other means of electronic communication

514

(1)

5.11 Service of claim form by leaving it at a specified place in England

515

(1)

5.12 Obtaining permission to serve the claim form by an alternative method or at an alternative place in England; deeming the sufficiency of attempts made to serve

516

(1)

5.13 Service of claim form in England by contractually agreed method

517

(1)

5.14 Service of claim form in England on agent of principal who is out of the jurisdiction

518

(1)

5.15 Service of claim form in England on companies: under the Companies Acts

518

(1)

5.16 Statutory service of claim form in England on a United Kingdom company

518

(1)

5.17 Statutory service of claim form in England upon an overseas company

519

(1)

5.18 Service of claim form in England in claims brought against partnerships

520

(1)

(B) Serving the claim form outside England and Wales

521

(1)

5.19 Service of claim form outside England and Wales, without permission

521

(1)

5.20 Service of claim form out of the jurisdiction: uncertainty as to the need for permission

522

(2)

5.21 Service of claim form out of the jurisdiction: outside the territory of the Member States

524

(2)

5.22 Service of claim form out of the jurisdiction: within the territory of a Member State

526

(2)

528

(1)

5.23 General

528

(1)

5.24 Making no response to service of the claim form

529

(1)

5.25 Uncertainty as to the satisfaction of the basis on which the jurisdiction, pursuant to which service was made, is asserted

530

(3)

5.26 Disputing the jurisdiction of the English court: the framework

533

(1)

5.27 Application to dispute the jurisdiction of the court: CPR rule 11(1)(a)

534

(4)

5.28 Disputing the jurisdiction of the English court under CPR rule 11(1)(a): other points

538

(2)

5.29 Disputing the jurisdiction by arguing that the court should not exercise its jurisdiction: CPR rule 11(1)(b)

540

(1)

5.30 Application by the defendant served without permission to have the claim struck out on substantive grounds

541

(2)

5.31 Application by the claimant for summary judgment

543

(1)

(D) Anti-suit injunctions

543

(1)

5.32 General

543

(2)

5.33 Jurisdiction in personam over the respondent: the general principle

545

(1)

5.34 Jurisdiction in personam over the respondent: effect of the Brussels I Regulation

546

(1)

5.35 Jurisdiction in personam over the respondent: where the Brussels I Regulation does not specify it

547

(2)

5.36 Granting the injunction: principles upon which the order is made and not made

549

(2)

5.37 Injunction to enforce legal right not to be sued in foreign court: general

551

(3)

5.38 Injunction to enforce legal right not to be sued in foreign court: where England is not the chosen court

554

(2)

5.39 Injunction to enforce legal right not to be sued in foreign court: appropriateness of injunctive relief

556

(1)

5.40 Injunction to restrain commission of equitable wrong: general

557

(2)

5.41 Injunction to restrain commission of equitable wrong: vexatious or oppressive conduct in bringing proceedings before a foreign court

559

(3)

5.42 Injunction to restrain commission of equitable wrong: undermining the jurisdiction of the English court

562

(2)

5.43 Injunction to restrain commission of equitable wrong: vexatious or oppressive conduct by invoking foreign procedural laws?

564

(1)

5.44 Injunction to restrain commission of equitable wrong: vexatious or oppressive conduct by wrongfully undermining an English judgment

565

(1)

5.45 Restraining a party to civil or commercial proceedings before the courts of another Member State

566

(3)

5.46 The exercise of discretion: public interest factors

569

(2)

5.47 The exercise of discretion: if the respondent can win only by suing overseas

571

(1)

5.48 Active case management as an alternative solution

572

(1)

5.49 Canadian and Australian authority and its irrelevance

573

(2)

5.50 The timing of the application for an injunction

575

(1)

5.51 Measures ancillary to a final anti-suit injunction

576

(2)

5.52 Consequences of disobedience to an anti-suit injunction

578

(1)

(E) Damages for wrongful litigation

578

(1)

5.53 A cause of action for compensation for wrongful litigation

578

(2)

5.54 Damages for breach of a jurisdiction agreement: principle

580

(2)

5.55 Damages for breach of a jurisdiction agreement: assessment of loss

582

(2)

5.56 Wrongful litigation before the courts of another Member State

584

(1)

5.57 Damages for breach of a jurisdiction agreement: disentangling the twin functions of a jurisdiction agreement

585

(2)

5.58 Damages for breach of a jurisdiction agreement: extension to breach of agreement on choice of law?

587

(1)

5.59 Wrongful litigation which is not a breach of contract

588

(1)

(F) Declaratory judgment on the merits of the dispute

588

(1)

5.60 General

588

(1)

5.61 Declaratory proceedings: jurisdiction in personam over the defendant

589

(1)

5.62 Declaratory proceedings: jurisdiction in personam and the direct rules of the Brussels I Regulation

589

(1)

5.63 Declaratory proceedings: jurisdiction In personam otherwise than under the direct rules of the Brussels I Regulation

590

(1)

5.64 Declaratory proceedings: making the declaration as a matter of substantive law

591

(3)

Chapter 6 Interim Remedies, Provisional Measures And Ancillary Orders

594

(33)

6.01 General

594

(1)

6.02 Interim remedies: the measures available from an English court

595

(1)

6.03 Interim measures: the freezing or Mareva injunction

596

(4)

6.04 Interim measures: the search, or Anton Piller, order

600

(1)

0.05 Interim measures: interlocutory injunctions in general

600

(1)

6.06 Obtaining an order granting an interim remedy: general

601

(1)

0.07 Jurisdiction to grant interim remedies: English law

601

(1)

6.08 Jurisdiction to grant interim remedies: the relevance of European law

602

(1)

6.09 Relief sought in proceedings in civil or commercial matter pending before English court

603

(2)

6.10 Relief sought in relation to proceedings in civil or commercial matter over which courts of another Member State have jurisdiction

605

(4)

0.11 Making the order once Article 35 has opened the way: jurisdiction

609

(1)

6.12 Making the order when Article 35 has opened the way: substance or discretion

610

(2)

6.13 Relief sought in relation to civil or commercial matter in which no Member State court has yet been seised

612

(1)

6.14 Relief sought in civil or commercial matter in relation to proceedings based on Article 6 and the residual rules of jurisdiction

613

(1)

6.15 Relief sought in relation to a civil or commercial matter over which no court has jurisdiction

614

(1)

6.16 Relief sought in relation to proceedings in a matter which is not civil or commercial

614

(1)

6.17 Relief sought in relation to proceedings before the courts of non-Member State

614

(3)

6.18 Interim remedies when the action is stayed

617

(1)

6.19 Further points

618

(1)

6.20 Measures for the taking of evidence

619

(1)

6.21 Post-judgment orders for interim remedies and ancillary relief

620

(1)

6.22 Precognition and enforcement of English orders in other Member States

621

(3)

6.23 Orders for relief granted by the courts of other Member States

624

(1)

6.24 Orders for relief from the courts of a non-Member State

625

(2)

Chapter 7 Recognition And Enforcement Of Foreign Judgments

627

(141)

Introductory matters

627

(1)

7.01 The schemes by which effect is given in England to foreign judgments

627

(2)

7.02 Deciding which scheme or schemes of recognition and enforcement will apply

629

(1)

Judgments in civil and commercial matters from the courts of Member States: Regulation 44/2001

630

(1)

7.03 Regulation 44/2001 or Regulation 1215/2012?

630

(1)

7.04 Regulation 44/2001 and the recognition of judgments: general

631

(1)

7.05 Regulation 44/2001 and judgment debtors not domiciled in a Member State

632

(2)

7.06 Recognition of the judgment under Regulation 44/2001: Articles 32 to 37

634

(1)

7.07 A judgment from a court in a Member State: Article 32 of Regulation 44/2001

635

(4)

7.08 A judgment in a civil or commercial matter: Article 1 of Regulation 44/2001

639

(1)

7.09 Judgments given in the context of arbitration under Regulation 44/2001

640

(4)

7.10 Recognition refused for jurisdictional reasons: Article 35 of Regulation 44/2001

644

(3)

7.11 Effect under Regulation 44/2001 of judgment in breach of dispute-resolution agreement

647

(1)

7.12 Recognition refused for non-jurisdictional reasons: Article 34 of Regulation 44/2001

648

(1)

7.13 Recognition refused on grounds of public policy: Article 34(1) of Regulation 44/2001

649

(2)

7.14 Public policy and the right to a fair trial

651

(3)

7.15 Public policy and judgments obtained by fraud

654

(1)

7.16 Public policy and breach of agreements for the resolution of disputes

654

(1)

7.17 Recognition refused in certain cases of judgment given in default of appearance: Article 34(2) of Regulation 44/2001

655

(2)

7.18 The documents whose service will start the clock running

657

(1)

7.19 The period of time which the defendant had to prevent default judgment

658

(1)

7.20 The effect of irregularity in service

658

(2)

7.21 Unreasonably failing to challenge the judgment after the event

660

(1)

7.22 Recognition refused because judgment irreconcilable with court's own judgment: Article 34(3) of Regulation 44/2001

661

(2)

7.23 Recognition refused because judgment irreconcilable with earlier foreign judgment which is recognised: Article 34(4) of Regulation 44/2001

663

(1)

7.24 Recognition and the consequences of recognition

664

(2)

7.25 Recognition under Regulation 44/2001 as the basis for issue estoppel

666

(2)

7.26 Enforcing a judgment to which Regulation 44/2001 applies: Articles 38 to 52

668

(1)

7.27 Ex parte stage of the procedure under Regulation 44/2001: application for registration of the judgment for enforcement: Articles 38 to 42

669

(2)

7.28 Inter partes stage of the procedure under Regulation 44/2001: appeals and further appeals by the party disappointed at the first stage: Articles 43 to 47

671

(2)

7.29 Miscellaneous further points concerning enforcement under Regulation 44/2001

673

(2)

7.30 Authentic instruments and court-approved settlements under Regulation 44/2001

675

(1)

Judgments within the scope of Regulation 44/2001 certified for enforcement with a European enforcement order

676

(1)

7.31 General

676

(1)

7.32 Certification for enforcement in accordance with Regulation 805/2004

677

(2)

7.33 Issue of, and objection to, the certificate issued under Regulation 805/2004

679

(1)

7.34 Enforcement, and challenges to the enforcement, of the certified judgment

680

(1)

Judgments in civil and commercial matters from the courts of Member States: Regulation 1215/2012

681

(1)

7.35 Recognition of judgments under Regulation 1215/2012: general

681

(1)

7.36 The meaning of `judgment' for the purpose of Regulation 1215/2012

682

(1)

7.37 Grounds for the recognition or non-recognition of judgments: Regulation 1215/2012,
Chapter III, Section 1

683

(1)

7.38 Recognition under Regulation 1215/2012 of judgments obtained in breach of agreement to arbitrate

684

(2)

7.39 The enforcement of judgments: Regulation 1215/2012,
Chapter III, Section 2

686

(1)

7.40 Application for refusal of enforcement: Regulation 1215/2012,
Chapter III, Section 3

687

(1)

7.41 Miscellaneous points relating to recognition and enforcement under Regulation 1215/2012

688

(1)

Judgments in civil and commercial matters from the courts of Lugano II States and Brussels Convention territories

689

(1)

7.42 General

689

(1)

7.43 Recognition and enforcement under the Lugano II Convention

689

(1)

7.44 Recognition and enforcement under the Brussels Convention

690

(1)

The effect of foreign judgments to which the Regulation and Conventions do not apply: English rules of private international law applicable to foreign judgments

690

(1)

7.45 General

690

(1)

The effect of foreign judgments at common law

691

(1)

7.46 General

691

(1)

7.47 Recognition of judgments in personam: international jurisdictional competence of the foreign court

692

(1)

7.48 Jurisdictional competence derived from presence: defendant present within the jurisdiction of the foreign court

693

(1)

7.49 Jurisdictional competence derived from presence: corporation present within the jurisdiction of the foreign court

694

(2)

7.50 Jurisdictional competence derived from presence: federal States and complex countries

696

(1)

7.51 Jurisdictional competence derived from submission: defendant submitted to the jurisdiction of the foreign court

696

(1)

7.52 Jurisdictional competence derived from submission: submission by voluntary appearance

697

(1)

7.53 Jurisdictional competence derived from submission: development of a more flexible approach

698

(2)

7.54 Jurisdictional competence derived from submission: appearance followed by amendment of claim

700

(1)

7.55 Jurisdictional competence derived from submission: appearance protected from being counted as submission by Civil Jurisdiction and Judgments Act 1982, section 33

701

(2)

7.56 Jurisdictional competence derived from submission: steps taken in the foreign proceedings which convey a mixed message

703

(2)

7.57 Jurisdictional competence derived from submission: submission by prior agreement to appear

705

(2)

7.58 Jurisdictional competence derived from submission: claimant submitting to a counterclaim

707

(1)

7.59 Jurisdictional competence derived from submission: implied and indirect forms of submission

708

(2)

7.60 No other basis of jurisdiction is accepted as sufficient at common law

710

(2)

7.61 Judgments from the natural forum and Canadian development of the common law

712

(1)

7.62 The impact of the doctrine of obligation

713

(2)

7.63 Recognition of judgments and orders in rem: jurisdictional competence of the foreign court

715

(3)

7.64 Defences to recognition of a judgment as res judicata other than lack of jurisdiction

718

(1)

7.65 Complaints which do not amount to defences to recognition as res judicata

719

(2)

7.66 Defence to recognition (1): foreign judgment not final and conclusive on the merits: interlocutory judgments and default judgments

721

(3)

7.67 Defence to recognition (2): foreign judgment obtained in breach of an agreement about the resolution of disputes

724

(2)

7.68 Departure from an agreement as to applicable law

726

(2)

7.69 Defence to recognition (3): foreign judgment obtained by fraud: principle

728

(4)

7.70 Curtailing the fraud defence where raising it is an abuse of process

732

(2)

7.71 Defence to recognition (4): foreign judgment contravened the principles of natural or substantial justice

734

(2)

7.72 Defence to recognition (5): recognition of foreign judgment would be contrary to English public policy

736

(1)

7.73 Defence to recognition (6): recognition of judgment is precluded by Human Rights Act 1998

737

(3)

7.74 Defence to recognition (7): foreign judgment is inconsistent with a prior judgment

740

(1)

7.75 Effect and consequences of foreign judgment entitled to recognition

740

(2)

7.76 Consequence of recognition (1): action by claimant to `enforce the judgment'

742

(2)

7.77 Enforcement will not extend to a foreign penal or revenue or other public law

744

(2)

7.78 Enforcement may be prevented by Protection of Trading Interests Act 1980

746

(1)

7.79 Consequence of recognition (2): preventing a successful claimant from suing again

747

(3)

7.80 Consequence of recognition (3): preventing an unsuccessful claimant from suing again

750

(2)

7.81 The practical effect of estoppel by res judicata

752

(3)

7.82 Findings made against the claimant: issue estoppel

755

(1)

7.83 Findings made against the defendant: issue estoppel

756

(1)

7.84 Consequence of non-recognition of a foreign judgment

757

(1)

Direct enforcement of foreign judgments by registration under the 1920 and 1933 Acts

757

(1)

7.85 General

757

(1)

7.86 Registration under the 1920 Act: countries and judgments

758

(1)

7.87 Registration under the 1920 Act: jurisdiction of the foreign court

759

(1)

7.88 Registration under the 1920 Act: substantive defences to registration

760

(1)

7.89 Registration under the 1920 Act: miscellaneous further points

760

(1)

7.90 Registration under the 1933 Act: countries and judgments

761

(1)

7.91 Registration under the 1933 Act: jurisdiction of the foreign court

762

(1)

7.92 Registration under the 1933 Act: substantive defences to registration

763

(1)

7.93 Registration under the 1933 Act: miscellaneous further points

764

(1)

Judgments from Scotland, Northern Ireland and Gibraltar

765

(1)

7.94 General

765

(1)

Miscellaneous points relating to the recognition of foreign judgments

765

(1)

7.95 Sovereign immunity

765

(1)

7.96 Community judgments

766

(1)

7.97 Judgments given on the basis of other Conventions

766

(2)

Chapter 8 Arbitration

768

(40)

Introductory matters

768

(1)

8.01 General

768

(2)

8.02 The problems of agreement or consent to arbitrate

770

(1)

Arbitration and the Arbitration Act 1966

771

(1)

8.03 The 1996 Act: general

771

(1)

8.04 The 1996 Act: general principles of interpretation

772

(1)

8.05 Operation of the 1996 Act: the arbitrations to which the Act applies, and the law which governs the agreement to arbitrate

773

(1)

8.06 Issues which are determined by reference to the seat of the arbitration

773

(1)

8.07 Determining the seat of the arbitration

774

(2)

8.08 The law which governs an arbitration agreement

776

(2)

8.09 Application of Part I of the 1996 Act: mandatory and non-mandatory provisions

778

(1)

8.10 Application of Part I of the 1996 Act: formal requirements

779

(1)

8.11 Essential validity, and scope, of an arbitration agreement

780

(1)

8.12 Rescission of the substantive contract and survival of the arbitration agreement

781

(3)

8.13 Stays of legal proceedings: application for a stay

784

(1)

8.14 Stays of legal proceedings by reference to an arbitration agreement

785

(3)

8.15 Stays in Admiralty proceedings

788

(1)

8.16 Injunctions to defend an arbitration agreement from judicial proceedings brought elsewhere

788

(2)

8.17 Restraint of parties who breach an agreement to arbitrate by instituting proceedings before courts of a Member State

790

(2)

8.18 The recast Brussels I Regulation 1215/2012 and arbitration

792

(2)

8.19 Commencing English arbitral proceedings and the arbitral tribunal

794

(1)

8.20 Jurisdiction of the arbitral tribunal

795

(1)

8.21 The arbitral proceedings

795

(1)

8.22 Powers of the court in relation to arbitral proceedings prior to the award

796

(1)

8.23 The award

797

(1)

8.24 Enforcement of, and challenges to, awards to which Part 1 of the Act applies

798

(2)

8.25 Miscellaneous and supplementary matters

800

(1)

8.26 Domestic arbitration agreements

800

(1)

8.27 Consumer arbitration agreements

800

(1)

8.28 Small claims arbitration in the county court

801

(1)

Recognition and enforcement of foreign awards under Part III of the 1996 Act

801

(1)

8.29 Recognition and enforcement of certain foreign awards pursuant to Convention

801

(2)

8.30 Awards purportedly set aside by foreign court

803

(1)

8.31 Other bases of recognition or enforcement of awards

804

(1)

The law prior to the coming into force of the 1996 Act

805

(1)

8.32 General

805

(1)

8.33 The law governing an arbitration

805

(1)

8.34 The law governing the arbitration proceedings

805

(1)

8.35 Stays of English proceedings

805

(1)

8.36 Enforcement of foreign awards at common law

806

(1)

8.37 Enforcement of foreign awards under the Arbitration Act 1950, Part II

806

(1)

8.38 Enforcement under the Civil Jurisdiction and Judgments Act 1982

807

(1)

8.39 Enforcement under the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933

807

(1)

Appendices

808

(70)

I Text of Brussels I Regulation (recast), Regulation 1215/2012

809

(30)

II Text of Brussels I Regulation 44/2001

839

(21)

III List of Decisions of the European Court on the Interpretation of the Brussels I Regulation and Predecessor Instruments

860

(6)

IV A Note on Drafting of Agreements on Choice of Court and Choice of law

866

(12)

Index

878

Adrian Briggs is Professor of Private International Law at the University of Oxford, Fellow and Tutor in Law at St Edmund Hall, Oxford, and Barrister at Blackstone Chambers, Temple.

Civil Jurisdiction and Judgments 6th New edition [Kietas viršelis]

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