Civil Jurisdiction and Judgments 7th Edition by Adrian Briggs ISBN 9780367415327 0367415321

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ISBN 10: 0367415321
ISBN 13: 9780367415327
Author: Adrian Briggs

Civil Jurisdiction and Judgments 7th Edition Table of contents:

Part A The Law and This Book

Chapter 1 General

1.01 Civil jurisdiction and judgments in the age of Brexit and Covid

1.02 General introduction

1.03 European law in English courts

1.04 The Brussels Conventions

1.05 The Lugano Conventions

1.06 The Brussels I Regulation: Regulation (EC) 44/2001

1.07 The Brussels I Regulation ‘recast’: Regulation (EU) 1215/2012

1.08 Secondary sources of law

1.09 References to the European Court for a preliminary ruling

1.10 The authority of decided cases

Chapter 2 Brexit and its effect on the law

2.01 Brexit in a nutshell

2.02 The principal points of primary legislation directly resulting from Brexit

2.03 Secondary legislation: provisions ceasing to have legal effect

2.04 Laws which remain in effect despite the Brexit legislation

2.05 Non-retained EU Laws with temporary effect after Completion Day

2.06 Legal developments liable to take place on or after Completion Day

2.07 If the United Kingdom does not participate in the Lugano Convention

2.08 Disclaimer

Part B Jurisdiction according to the Lugano/Brussels rules

Chapter 3 The Lugano Convention And Its Interpretation

3.01 Lugano rules or Brussels rules?

3.02 The Brussels Regulation in review

3.03 Jurisdictional connections with other territories

3.04 The Lugano II Convention

3.05 Lugano and Brussels: interpretation and relationship

3.06 Reconsideration of established interpretations?

3.07 General principles of interpretation

3.08 Technical terms bear an equal and uniform interpretation

3.09 The nature of autonomous interpretation

3.10 Purposive interpretation

3.11 Exceptions to general rules are construed narrowly

3.12 The risk of irreconcilable decisions must be minimised

3.13 Legal certainty, predictability, and proximity, should be supported

3.14 All Lugano courts are of equal authority

3.15 Securing uniformity of interpretation of the Lugano Convention

Chapter 4 The jurisdictional structure of the Lugano Convention

4.01 The jurisdictional rules of the Lugano Convention

4.02 The hierarchy of jurisdictional rules in the Lugano Convention

4.03 The advantage of being first to commence proceedings

4.04 Prospective claimant

4.05 Prospective defendant

4.06 The lack of other ways to prevent a court exercising jurisdiction

4.07 Bringing substantive proceedings in spite of those in another court

4.08 Injunction to restrain the bringing of proceedings in other Lugano State

4.09 What a defendant should do if served with process

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

4.11 The nature of the jurisdictional rules of the Lugano Convention

Chapter 5 Material and other scope of the Lugano Convention

5.01 General

5.02 Temporal scope

5.03 Geographical scope

5.04 Personal scope

5.05 International scope

5.06 Material scope of the Convention: Article 1

5.07 Matters excluded from the Convention: general interpretation

5.08 Civil and commercial matters: the meaning of ‘matters’

5.09 Proceedings between private parties

5.10 Proceedings brought by public authorities against private parties

5.11 Proceedings brought against public bodies

5.12 Private persons exercising public functions

5.13 Civil and commercial matters: excluded issues arising incidentally

5.14 Civil and commercial matters: proceedings forming part of a greater whole

5.15 Matters specifically excluded by Article 1

5.16 Personal capacity and status, marital property, wills and succession

5.17 Bankruptcy and insolvency

5.18 Social security

5.19 Arbitration: the broad principle

5.20 Arbitration and Regulation 1215/2012

5.21 Conclusion

Chapter 6 Jurisdiction under another convention or instrument

6.01 General

6.02 Existing (and new) conventions on particular matters

6.03 Incorporation by reference of jurisdiction from a particular convention

6.04 Maritime and other conventions

6.05 The 2005 Hague Convention on Choice of Court Agreements

6.06 Relationship between Lugano Convention and the Brussels Regulation

6.07 Conclusion

Chapter 7 Exclusive jurisdiction, regardless of domicile

7.01 General

7.02 Title to and tenancies of immovable property in a Lugano State: Article 22(1)

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

7.04 Claims based on personal obligations relating to land

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

7.06 Proceedings having as their object tenancies of immovable property

7.07 Proceedings in which Article 22(1) is raised by the defence, not the claim

7.08 Short private lettings: concurrent exclusive jurisdiction

7.09 Immovable property in the United Kingdom

7.10 Immovable property in a non-Lugano State

7.11 Companies with their seat in a Lugano State: Article 22(2)

7.12 Corporate validity as the principal element in the proceedings

7.13 The jurisdictional effect of imperfections in corporate decision-taking

7.14 The seat of the company for the purpose of Article 22(2)

7.15 Company with seat in the United Kingdom

7.16 Validity of entries in public registers in Lugano States: Article 22(3)

7.17 Registers in the United Kingdom

7.18 Intellectual property rights registered in Lugano States: Article 22(4)

7.19 Invalidity raised as a defence to an infringement claim

7.20 Claims involving multiple national patents

7.21 Deposit or registration in the United Kingdom

7.22 Enforcement of judgments from Lugano States: Article 22(5)

7.23 General

7.24 Orders made in relation to judgments from other Lugano States

7.25 Enforcement orders made in aid of English judgments

7.26 Judgments from non-Lugano States

7.27 Enforcement of judgments from Lugano States in the United Kingdom

7.28 Article 22 and connections which would point to a non-Lugano State

7.29 Conclusion

Chapter 8 Jurisdiction by entering an appearance

8.01 General

8.02 Entering an appearance, rather than submission

8.03 Appearance to contest the jurisdiction of the court

8.04 Contesting the jurisdiction of the court: procedure

8.05 Appearance by insured, consumer, or employee

8.06 Conclusion

Chapter 9 Jurisdiction in matters relating to insurance

9.01 General

9.02 Structure of and approach to Section 3 of Title II

9.03 Professional and ‘insurance-professional’ relationships

9.04 General jurisdictional rules for Section 3 cases: Articles 9 to 12

9.05 Agreements on choice of court: Articles 13 and 14

9.06 International jurisdiction in the courts of the United Kingdom

9.07 Conclusion

Chapter 10 Jurisdiction in matters relating to consumer contracts

10.01 General

10.02 General scope and purpose of Section 4 of Title II

10.03 The professional counter-party: Article 15

10.04 Making a contract as consumer

10.05 Making a contract for mixed purposes

10.06 Matters relating to a contract: prize cases

10.07 Matters relating to a contract: rescission and repayment claims

10.08 Parties to the contract; parties to the proceedings

10.09 The three kinds of consumer contract to which Section 4 applies

10.10 Contracts of sale on instalment credit terms

10.11 Contracts made to finance the sale of goods

10.12 Contracts with those who pursue activities in or direct activities to a Lugano State

10.13 Jurisdictional rules for contracts within Section 4: Article 16

10.14 Agreements on choice of court: Article 17

10.15 Additional legislative provision for small claims

10.16 International jurisdiction in the courts of the United Kingdom

10.17 Conclusion

Chapter 11 Jurisdiction in relation to individual contracts of employment

11.01 General

11.02 General scope and purpose of Section 5 of Title II

11.03 Section 5 of Title II and powerful relationships

11.04 Section 5 and work relationships pretending not to be employment

11.05 Former employment

11.06 The relationship between the claim and the employment

11.07 Jurisdictional rules under Section 5: Articles 18 to 21

11.08 Employment and duties in more than one Lugano State

11.09 Agreements on jurisdiction

11.10 International jurisdiction in the courts of the United Kingdom

11.11 Conclusion

Chapter 12 Jurisdiction agreements for a court in a Lugano State

12.01 General

12.02 The function and effect of an agreement on jurisdiction

12.03 Managing jurisdictional disputes arising from agreements

12.04 The nature of agreement on the jurisdiction of courts

12.05 Formal requirements for an agreement on jurisdiction: general

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

12.07 Agreement according with the parties’ established practices

12.08 Agreement according with the practices of international trade

12.09 Jurisdiction agreement incorporated from one document into another

12.10 Domicile requirements for an agreement on jurisdiction

12.11 Article 23 and third parties: succession and substitution

12.12 Article 23 and third parties: subrogation and assignment in national law

12.13 Article 23 and the veil of incorporation

12.14 Agreement for the courts of two Lugano States

12.15 Agreeing to the non-exclusive jurisdiction of a Lugano State court

12.16 Asymmetrical jurisdiction agreements

12.17 Non-geographical designation of court agreed to

12.18 Agreement for the courts of the United Kingdom

12.19 Disputing the formal validity of the jurisdiction agreement

12.20 Challenges to the substantive validity of the jurisdiction agreement

12.21 Scope of the jurisdiction agreement

12.22 Jurisdiction agreements in trust instruments

12.23 Jurisdiction by agreement derived from other contractual terms

12.24 Agreements for non-Lugano courts: 2005 Hague Convention

12.25 Agreements for non-Lugano, non-Hague, courts

12.26 Conclusion

Chapter 13 General jurisdiction over defendant domiciled in the United Kingdom

13.01 General

13.02 Being sued

13.03 The determination of a defendant’s domicile

13.04 Domicile in the United Kingdom: individuals

13.05 Domicile of corporations and associations

13.06 Seat of company or association for purpose of Article 22(2)

13.07 Deemed domicile of non-dom insurers, professionals, and employers

13.08 Domicile of trusts

13.09 Domicile of the Crown

13.10 Conclusions

Chapter 14 Special jurisdiction over defendant domiciled in another Lugano State (1)

14.01 General

14.02 Special jurisdiction in general

14.03 Relationship to questions of applicable law

14.04 Special jurisdiction in matters relating to a contract: Article 5(1)

14.05 Matters relating to a contract: formulating an autonomous definition

14.06 The decision in Handte: litigation involving strangers to the contract

14.07 Claims against parties more remotely associated with a contract

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

14.09 Matters relating to a contract: disputing the existence of a contract

14.10 Matters relating to a contract: voidable contracts and ‘void contracts’

14.11 Matters relating to a contract: tortious conduct by contracting parties

14.12 Matters relating to a contract: unjust enrichment and similar claims

14.13 Contractual and non-contractual claims in the same proceedings

14.14 The obligation in question which locates special jurisdiction

14.15 The obligation in question for contracts for the sale of goods

14.16 The obligation in question for contracts for the provision of services

14.17 The obligation in question for contracts falling under Article 5(1)(a)

14.18 Place of performance of the obligation in question: Article 5(1)(a)

14.19 Place of performance of the obligation in question: Article 5(1)(b)

14.20 Goods delivered under the contract in several places: Article 5(1)(b)

14.21 Services provided under the contract in several places: Article 5(1)(b)

14.22 Place of performance of the obligation in other contexts: Article 5(1)(a)

14.23 International jurisdiction in the United Kingdom

14.24 Special jurisdiction in matters of maintenance: Article 5(2)

14.25 Special jurisdiction in matters relating to tort and delict: Article 5(3)

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

14.27 Matters relating to tort: Kalfelis and the meaning of ‘liability’

14.28 Matters relating to tort, delict or quasi-delict: cases since Kalfelis

14.29 The relationship between Article 5(3) and the Rome II Regulation

14.30 Pre-contractual liability and similar complaints of fault

14.31 The harmful event: general interpretation

14.32 The harmful event and proceedings for negative declaratory relief

14.33 The ‘damage’ limb: the damage which is relevant and that which is not

14.34 The damage limb of Bier: locating where the damage occurred

14.35 The damage limb of Bier: pure financial loss in bad investment cases

14.36 The damage limb of Bier: pure financial loss in other circumstances

14.37 The damage limb of Bier: loss or damage in several Lugano States

14.38 The ‘causal event’ limb of Bier: the event giving rise to the damage

14.39 The ‘causal event’ limb of Bier: the event at the beginning of the story

14.40 The ‘causal event’ limb of Bier: the person whose act is material

14.41 Special jurisdiction in respect of threatened or anticipated torts

14.42 International jurisdiction in the English court

14.43 Special jurisdiction over civil claims in criminal cases: Article 5(4)

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

14.45 Branch, agency or other establishment

14.46 Dispute arising from operations of the branch, agency or establishment

14.47 International jurisdiction in the English court

14.48 Special jurisdiction over a trustee, beneficiary or settlor sued as such: Article 5(6)

14.49 The nature of the proceedings falling within Article 5(6)

14.50 Jurisdiction over payment in respect of salvage claims: Article 5(7)

Chapter 15 Special jurisdiction: over defendant domiciled in another Lugano State (2)

15.01 Special jurisdiction under Article 6

15.02 Special jurisdiction over co-defendants where one is sued at home: Article 6(1)

15.03 Jurisdiction over the ‘anchor’ defendant

15.04 The connection between the claims against the defendants

15.05 The connection between claims in intellectual property cases

15.06 Use and abuse of Article 6(1)

15.07 International jurisdiction in the courts of the United Kingdom

15.08 Special jurisdiction over claims involving third parties: Article 6(2)

15.09 Jurisdiction over the third party

15.10 Proceedings brought to deprive third party of the court of his domicile

15.11 The types of proceedings falling within Article 6(2)

15.12 The discretion to decline jurisdiction under Article 6(2)

15.13 Proceedings in the English court

15.14 Special jurisdiction over defendants to counterclaims: Article 6(3)

15.15 The nature of a counterclaim

15.16 Proceedings in the English court

15.17 Special jurisdiction in personal claims connected to proceedings in rem relating to land: Article 6(4)

15.18 Land in the United Kingdom

15.19 Special jurisdiction to limit liability from use of ship: Article 7

15.20 Conclusion

Chapter 16 Residual jurisdiction over defendant with no Lugano State domicile: Article 4

16.01 General

16.02 Service of process on the defendant when the residual rules apply

Chapter 17 The court’s duty to examine its own jurisdiction

17.01 General

17.02 Confirming that no court has Article 22 jurisdiction: Article 25

17.03 Confirming jurisdiction where the defendant is absent: Article 26

17.04 Conclusion

Chapter 18 Lis pendens in a Lugano State

18.01 The effect of a lis pendens in another Lugano State: Articles 27 to 30

18.02 Identical proceedings pending before court in Lugano State: Article 27

18.03 General approach to Article 27

18.04 General approach to Article 27: duty of the court seised first

18.05 Comparison: duty of the court seised first under Regulation 1215/2012

18.06 The same cause of action under Article 27: identity of objet and of cause

18.07 More complex cases of identity of objet and identity of cause

18.08 The same parties under Article 27: identity of parties

18.09 Date on which a court is seised: background

18.10 A uniform date of seisin for the purpose of the Convention

18.11 The date of seisin: multiple and additional defendants

18.12 Court ceasing to be seised or staying its proceedings

18.13 Court seised second considers that it has jurisdiction and that the court seised first does not

18.14 Court seised second considers it has exclusive jurisdiction regardless of domicile

18.15 Court seised second considers it has ‘exclusive’ jurisdiction by agreement

18.16 Court seised first in another part of the United Kingdom

18.17 Related action pending in another Lugano State: Article 28

18.18 Identifying actions as ‘related’

18.19 The relief which the court seised second may order

18.20 The material date of seisin for the purpose of Article 28

18.21 Concurrent exclusive jurisdictions: Article 29

Chapter 19 Jurisdictional connection to a non-Lugano State

19.01 Introduction

19.02 Connections to a non-Lugano State: the background and the answer

19.03 Jurisdictional discretion and the Convention

19.04 The nature of jurisdictional rules made by the Convention

19.05 More appropriate forum in another Lugano State

19.06 More appropriate forum in non-Lugano State

19.07 Pointer to non-Lugano State corresponding to Articles 22 and 23

19.08 Reflexive effect or remission to national law?

19.10 Jurisdiction agreement for non-Lugano State

19.10 Jurisdiction agreement for 2005 Hague Convention State

19.11 Land and other Article 22 pointers to non-Lugano State

19.12 Residual jurisdiction but connection to non-Lugano State

19.13 Residual jurisdiction but connection to Lugano State

19.14 Lis pendens in a non-Lugano State

19.15 Lis pendens in a non-Lugano State and the recast Regulation

Part B / C Jurisdiction within the United Kingdom

Chapter 20 Jurisdiction within the United Kingdom

20.01 The problem of jurisdiction in the United Kingdom

20.02 Domicile in and within the United Kingdom

20.03 The Schedule 4 rules for determining national or internal jurisdiction

20.04 The Schedule 4 rules: interpretation and operation in Lugano cases

20.05 The Schedule 4 rules: interpretation and operation in non-Lugano cases

20.06 Jurisdiction in claims by local consumers and employees

20.07 Jurisdiction in claims by and against a ‘local’ consumer

20.08 Jurisdiction in claims by and against a ‘local’ employee

Part C Common law and statutory jurisdiction

Chapter 21 Common law principles of jurisdiction

21.01 Introduction

21.02 General

21.03 Consequence of service effected within the jurisdiction

21.04 Service out of the jurisdiction with permission

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

21.06 Claims depending on title to foreign land: the Moçambique rule

21.07 Equitable exception: personal obligations relating to foreign land

21.08 Statutory exception: claims based on tort or trespass to foreign land

21.09 Jurisdiction over claims which turn on the validity of foreign patents

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

21.11 Jurisdiction denied by general principles of public international law

21.12 Jurisdiction in relation to international defamation

21.13 Subject matter jurisdiction: misuse and misunderstanding

Chapter 22 Staying proceedings when the court is forum non conveniens

22.01 General

22.02 Legislative limitations on the general power to stay proceedings

22.03 Staying proceedings: private interests and the public interest

22.04 Staying proceedings after service within the jurisdiction: general

22.05 Structure of the Spiliada test: two limbs to answer a single question

22.06 Nature and length of applications for a stay

22.07 Time (limit) for applying for a stay

22.08 First limb of the Spiliada test: the ‘availability’ of the foreign forum

22.09 Availability and the claimant’s prospects of success on the merits

22.10 Availability and the prospects of a fair trial

22.11 The first limb of the Spiliada test: ‘natural or ‘appropriate’ forum

22.12 The first limb of Spiliada: particular pointers to appropriateness

22.13 Appropriateness (1): personal connections of the parties

22.14 Appropriateness (2): events, and evidence in relation to the events

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

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

22.17 Appropriateness (5): standing back for a broader view

22.18 The first limb of the Spiliada test: the consequences

22.19 The second limb of Spiliada: is it unjust to stay the proceedings?

22.20 Reasons not to stay (1): differences in law and procedure

22.21 Reasons not to stay (2): differences in time bar rules

22.22 Reasons not to stay (3): differences in law and outcomes

22.23 Reasons not to stay (4): claimant may win in England but lose overseas

22.24 Reasons not to stay (5): direct attacks on the quality of foreign court

22.25 Further points: the strength of the claim or the defence

22.26 Further points: various responses to lis alibi pendens

22.27 The Spiliada principle: other views

22.28 Stay of proceedings on the ground of case management

Chapter 23 Jurisdiction agreements

23.01 Nature and effects of jurisdiction agreements

23.02 Terminology

23.03 Construction of the agreement: validity, scope, and nature

23.04 Validity of jurisdiction agreement in admitted-but-voidable contract

23.05 Validity of jurisdiction agreement in ‘void contract’; mandatory invalidity of jurisdiction agreement

23.06 Interpreting the jurisdiction agreement: the relevant law

23.07 The influence of arbitration

23.08 Material scope of agreement governed by English law

23.09 Material scope of jurisdiction agreement: effect beyond the contract in which it is written

23.10 Jurisdiction agreement imported from another contract

23.11 Personal scope of agreement: privity and related issues

23.12 Effect of agreement after assignment, transfer, subrogation, and so on

23.13 May sue or may sue only in the designated court? (Non-) exclusivity

23.14 Varieties of non-exclusive jurisdiction agreement

23.15 Staying proceedings brought in breach of contract: non-Hague cases

23.16 Staying proceedings and non-exclusive jurisdiction agreements

23.17 Staying proceedings brought in breach of contract: Hague cases

23.18 Not staying English proceedings; claiming damages for breach

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

Chapter 24 Proceedings commenced by service out of the jurisdiction

24.01 Statutory claims which allow service out to be made without permission

24.02 Service out where prior permission is required

24.03 Jurisdiction founded by service out: position of the defendant

24.04 Jurisdiction founded by service out: position of the claimant

24.05 Legal basis for permission: CPR rule 6.36, and the gateways to jurisdiction

24.06 Strictness in interpretation of the gateways to jurisdiction

24.07 Definition and interpretation of the gateways to jurisdiction

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

24.09 Claims for an injunction: Paragraph 3.1(2)

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

24.11 Claims made under CPR Part 20: Paragraph 3.1(4)

24.12 Connected claims against the same defendant: Paragraph 3.1(4A)

24.13 Claims for interim remedies: Paragraph 3.1(5)

24.14 Claims made in respect of a contract: Paragraph 3.1(6)-(8)

24.15 The contract and its connection to England under sub-paragraphs (6) and (8)

24.16 The contract and its connection to England under sub-paragraph (7)

24.17 Claims made in tort: Paragraph 3.1(9)

24.18 Damage sustained within the jurisdiction: sub-paragraph (9)(a)

24.19 Act committed within the jurisdiction: sub-paragraph (9)(b)

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

24.21 Claim relating to property within the jurisdiction: Paragraph 3.1(11)

24.22 Claims made about English law trusts: Paragraph 3.1(12)

24.23 Claims made about trust with English jurisdiction: Paragraph 3.1(12A)

24.24 Claims made in administration proceedings: Paragraph 3.1(13)

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

24.26 Claims against constructive or resulting trustee: Paragraph 3.1(15)

24.27 Claims made for restitution: Paragraph 3.1(16)

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

24.29 Claims made for third party costs orders: Paragraph 3.1(18)

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

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

24.32 Claims for breach of confidence or misuse of private information: Paragraph 3.1(21)

24.33 The standard of certainty needed for claimant to satisfy Paragraph 3.1

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

24.35 England is the proper place to bring the claim: CPR rule 6.37(3)

24.36 England as the proper place: English law as the applicable law

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

24.38 England as the proper place when it may not be the natural forum

24.39 The overall shape of the ‘proper place’ or ‘most appropriate forum’ test

24.40 The claim raises a serious issue which ought to be tried on the merits

24.41 Serious issue when elements of claim may be governed by foreign law

24.42 Deciding issues once and for all on a balance of probability

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

Chapter 25 Jurisdiction under the Hague Convention on Choice of Court Agreements

25.01 Introduction

25.02 Interpretation of the Hague Convention

25.03 Scope of the 2005 Hague Convention: the cases it applies in

25.04 Scope of the 2005 Hague Convention: the agreements it applies to

25.05 ‘Exclusive’ as a term of art in the Hague Convention

25.06 Formal requirements for validity under the Hague Convention

25.07 Detailed conditions for the choice of court agreement to be applicable

25.08 Duty of the chosen court to adjudicate

25.09 Duty of court not chosen to not adjudicate

25.10 Temporal scope of the Hague Convention

25.11 Withdrawal from the European Union

25.12 Relationship with the Lugano Convention

25.13 Methodology: English court chosen to have jurisdiction

25.14 Methodology: foreign court chosen to have jurisdiction

Part D Procedural matters relating to jurisdiction

Chapter 26 Service of process

26.01 Scope of Chapters 26 to 30

26.02 Serving the claim form within the jurisdiction

26.03 Service of claim form: period of validity for service

26.04 Service of the claim form within the jurisdiction: methods

26.05 Service of the claim form by personal service in England

26.06 Service by an alternative method or at an alternative place; deeming failed attempts to serve to be sufficient

26.07 Service of claim form on companies: under the Companies Acts

26.08 Service of claim form in claims brought against partnerships

26.09 Serving the claim form outside England and Wales without permission

26.10 Service of claim form out of the jurisdiction: uncertainty over the need for permission

26.11 Service of claim form out of the jurisdiction

Chapter 27 Disputing the jurisdiction of the English court

27.01 General

27.02 Making no response to service of the claim form

27.03 Disputing the basis for the court’s jurisdiction

27.04 Disputing the jurisdiction when or where the Convention is decisive

27.05 Disputing the jurisdiction in non-Convention cases

27.06 Disputing the jurisdiction: the Hague Choice of Court Convention

27.07 Disputing the jurisdiction: procedure

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

27.09 Disputing the jurisdiction and the risk of submission by accident

27.10 Disputing the jurisdiction under CPR rule 11(1)(a): other points

27.11 Disputing the exercise of jurisdiction: CPR rule 11(1)(b)

27.12 Defendant applying to have claim struck out on substantive grounds

27.13 Application by the claimant for summary judgment

Chapter 28 Injunctions to restrain wrongful foreign litigation

28.01 General

28.02 Jurisdiction in personam over the respondent: the general principle

28.03 Jurisdiction over the respondent: effect of the Lugano Convention

28.04 Jurisdiction over the respondent: where the Convention does not speak

28.05 Granting the injunction: a cause of action for relief

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

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

28.08 Injunction to enforce legal right: appropriateness of injunctive relief

28.09 Injunction to restrain commission of equitable wrong: general

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

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

28.12 Injunction to restrain equitable wrong: vexatious or oppressive conduct by invoking foreign procedural laws

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

28.14 Injunctions in proceedings derived from agreement for resolution of disputes

28.15 Injunctions against parties standing in shoes of party to jurisdiction agreement

28.16 Injunction against enforcement of foreign judgment wrongly obtained

28.17 Injunction to restrain enforcement of judgment not wrongly obtained

28.18 Injunction to restrain an arbitration

28.19 Restraining a party suing in Lugano State

28.20 Restraining a party suing in Hague Convention State

28.21 The exercise of discretion: comity, and the public interest

28.22 If the respondent can win only by suing overseas

28.23 Active case management as an alternative solution

28.24 Canadian and Australian authority and its very different approaches

28.25 Timing the application for an injunction

28.26 Measures ancillary to a final anti-suit injunction

28.27 Disobedience in face of anti-suit injunction

Chapter 29 Damages for loss caused by wrongful litigation

29.01 A cause of action for loss caused by wrongful litigation

29.02 Damages for breach of a jurisdiction agreement: principle

29.03 Damages for breach of jurisdiction agreement: assessment in principle

29.04 Damages for breach of jurisdiction agreement: measure of damages

29.05 Wrongful litigation before the courts of a Lugano State

29.06 Damages claim after breach by suing in Lugano/Brussels/Hague State

29.07 Damages for breach of agreement on choice of law

29.08 Wrongful litigation which is not a breach of contract

Chapter 30 Declaratory judgment on merits of dispute

30.01 General

30.02 Declaratory proceedings: jurisdiction in personam over the defendant

30.03 Declaratory proceedings: discretion to declare and not declare

Chapter 31 Provisional and interim relief

31.01 General

31.02 Interim remedies: relief available from an English court

31.03 Interim measures: the freezing or Mareva injunction

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

31.05 Interim measures: interlocutory injunctions

31.06 Obtaining an order granting an interim remedy: general

31.07 Jurisdiction to grant interim remedies: rules of English law

31.08 Jurisdiction to grant interim remedies: Brussels/Lugano/Hague issues

31.09 When English court has jurisdiction and case is pending before it

31.10 When the courts of another Lugano State have jurisdiction: general

31.11 Jurisdiction under English law in Article 31 cases

31.12 Granting relief in Article 31 cases: exercise of powers

31.13 When no Lugano State court has yet been seised

31.14 When court has Article 4 (residual) jurisdiction

31.15 When no court has jurisdiction under the Lugano Convention

31.16 When proceedings are in a 2005 Hague Convention State

31.17 When proceedings are in a matter which is not civil or commercial

31.18 When proceedings are before the courts of non-Lugano State

31.19 Interim remedies when pending English proceedings are stayed

31.20 Further points

31.21 Measures for the taking of evidence

31.22 Orders made after English judgments

31.23 Orders made after judgments from foreign courts

31.24 Recognition and enforcement of English orders in other Lugano States

31.25 Orders for relief granted by the courts of Lugano States

31.26 Orders for relief from the courts of a non-Lugano State

Part E Foreign judgments

Chapter 32 Schemes for recognition and enforcement of foreign judgments

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

32.02 Determining which scheme or schemes may be resorted to

Chapter 33 Foreign judgments taking effect under the Brussels and Lugano rules

33.01 General

33.02 Brexit

33.03 Which European instrument applies?

33.04 Brussels/Lugano rules and the recognition of judgments: general

33.05 The Brussels/Lugano rules and ‘non-dom’ judgment debtors

33.06 Recognition of judgments under the Brussels/Lugano rules

33.07 A judgment from a court

33.08 A judgment in a civil or commercial matter

33.09 Judicial decisions made in relation to arbitration: Lugano and 44/2001

33.10 Judicial decisions made in relation to arbitration: Regulation 1215/2012

33.11 Permitted jurisdictional objections to recognition

33.12 Non-jurisdictional objections to recognition: general

33.13 Recognition manifestly contrary to English public policy

33.14 Public policy and the overall fairness of foreign procedure

33.15 Public policy and departures from the parties’ agreement

33.16 Certain judgments given in default of appearance

33.17 The documents which serve to start the clock running

33.18 The time which the defendant had to prevent default judgment

33.19 The effect of irregularity in service

33.20 Failing to challenge the default judgment after the event

33.21 Judgment irreconcilable with court’s own judgment

33.22 Judgment irreconcilable with earlier, recognised, foreign judgment

33.23 Recognition and the consequences of recognition

33.24 Recognition as the basis for issue estoppel

33.25 Enforcing a judgment under the Convention or Regulation 44/2001

33.26 Enforcement under the Lugano Convention or Regulation 44/2001

33.27 Application for registration

33.28 Appeal against order that judgment be registered for enforcement

33.29 Further points concerning enforcement

33.30 Authentic instruments and court-approved settlements

33.31 Regulation 44/2001 and the European Enforcement Order

33.32 Recognition of judgments to which Regulation 1215/2012 applies

33.33 The meaning of ‘judgment’ in Regulation 1215/2012

33.34 Non-recognition of judgments under Regulation 1215/2012

33.35 Recognition of judgment obtained in breach of agreement to arbitrate

33.36 Enforcement of judgments under Regulation 1215/2012

33.37 Application for refusal of enforcement under Regulation 1215/2012

33.38 Miscellaneous points relating to Regulation 1215/2012

Chapter 34 Foreign judgments and the rules of common law

34.01 Common law rules on the effect of foreign judgments

34.02 General

34.03 Judgments from courts distinguished from other outputs

34.04 Recognition of judgments in personam: connection to the foreign court

34.05 Defendant individual present within the jurisdiction of foreign court

34.06 Defendant corporation present within the jurisdiction of foreign court

34.07 Presence in federal states and complex countries

34.08 Defendant agreeing to accept the adjudication of the foreign court: voluntary submission

34.09 Voluntary submission ante litem: by agreement

34.10 Submission in implied or indirect form

34.11 Submission post litem: by voluntary appearance to the writ

34.12 Appearance discounted as submission: Section 33 of the 1982 Act

34.13 Submission and steps which may convey a mixed message

34.14 Submission post litem: by making a counterclaim or cross-claim

34.15 Submission followed by amendment of claim

34.16 Submission at a later point in proceedings

34.17 A more nuanced approach: submission by involvement?

34.18 No other connection to the foreign court is sufficient for recognition

34.19 Theory and impact of the doctrine of obligation

34.20 Recognition of judgments in rem: connection to the foreign court

34.21 Defences to recognition of a judgment as res judicata

34.22 Objections which are not defences to recognition as res judicata

34.23 Foreign judgment not final and conclusive on the merits

34.24 Judgment not final and conclusive on the merits: procedural disposals

34.25 Judgment not on the merits: judgments enforcing foreign judgments

34.26 Foreign judgment contrary to agreement about settlement of disputes

34.27 Foreign judgment departing from an agreement on applicable law

34.28 Foreign judgment obtained by fraud: the principle

34.29 Foreign judgment obtained by fraud: the basis for the objection

34.30 Curtailing the fraud defence as an abuse of process

34.31 Foreign proceedings contrary to natural or substantial justice

34.32 Recognition would be contrary to English public policy

34.33 Recognition of judgment barred by Human Rights Act 1998

34.34 Foreign judgment inconsistent with a prior judgment

34.35 Effect and consequences of foreign judgment entitled to recognition

34.36 Action to ‘enforce the judgment’ by obtaining English judgment

34.37 No enforcement of foreign penal, or revenue or other public law

34.38 Enforcement barred by Protection of Trading Interests Act 1980

34.39 Recognition of judgment to bar re-litigation by dissatisfied claimant

34.40 Recognition of judgment against unsuccessful claimant

34.41 Res judicata and foreign class actions

34.42 Issue estoppel: findings made against the claimant

34.43 Issue estoppel: findings made against the defendant

34.44 Consequences of non-recognition of a foreign judgment

34.45 Judgments against States

Chapter 35 Foreign judgments registered under 1920 and 1933 Acts

35.01 General

35.02 Registration under the 1920 Act: countries and judgments

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

35.04 Registration under the 1920 Act: substantive defences to registration

35.05 Registration under the 1920 Act: procedural points

35.06 Brexit

35.07 Registration under the 1933 Act: countries and judgments

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

35.09 Registration under the 1933 Act: substantive defences to registration

35.10 Registration under the 1933 Act: procedural points

35.11 Brexit

Chapter 36 Foreign judgments registrable under the 1982 Act

36.01 Registration under the 1982 Act

36.02 Scotland, Northern Ireland, and Gibraltar

36.03 Judgments under the 2005 Hague Convention on Choice of Court

36.04 Registration of 2005 Hague Convention judgments

36.05 Setting aside the registration of 2005 Hague Convention judgments

36.06 Other bars to registration of 2005 Hague Convention judgments

36.07 The 2019 Hague Judgments Convention

Appendices

Appendix 1: The Lugano Convention

Appendix 2: Hague Choice of Court Convention

Appendix 3: List of rulings of the European Court on the interpretation of the Lugano/Brussels rules

Index

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Tags: Adrian Briggs, Civil Jurisdiction, Judgments