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Index

Civil Jurisdiction and Judgments

Index Index Abuse of process raising fraud defence to recognition of foreign judgment, 7.70 Accession Convention EC membership of Denmark, Ireland and UK, 1.06 EC membership of Greece, 1.07 EC membership of Portugal and Spain, 1.08 EU membership of Austria, Finland and Sweden, 1.09 Accessory jurisdiction unavailable on basis of special jurisdiction, 2.208 Actions in personam , 1.01 recognition of foreign judgments at common law, 7.47 recognition of foreign judgments under Regulation, 7.24 Actions in rem admiralty jurisdiction under Regulation 1215/2012, 2.50 , 2.151 immovable property, Regulation 1215/2012, 2.56 recognition of judgments and orders, 7.63 , 7.79 Address for service, 5.06 alternative, 5.1 leaving claim form at specified place, 5.11 Administration of estates service out of jurisdiction, ground for permission, 4.78 Administration of Justice Act 1920 enforcement of arbitral award, 8.39 registration of judgments under, 7.85 – 7.89 Administrative matters Regulation 1215/2012, under, 2.29 Admiralty action in rem , 2.50 , 2.151 recognition of judgments, 7.79 Admiralty proceedings actions in rem , effect on, 2.151 service out of jurisdiction, ground for permission, 4.84 Agencies (special jurisdiction over defendants acting through, Regulation 1215/2012, 2.213 , 2.214 branch, agency or other establishment, 2.215 dispute arising from operations of, 2.216 international jurisdiction in UK courts, 2.217 Agent of overseas principal service through, 5.03 , 5.14 Agreements on choice of court, see Choice of court agreements Allocation of jurisdiction within UK, 2.312 Civil Jurisdiction and Judgements Act (1982), Sch. 4, 2.314 , 2.315 internal jurisdiction in non-international cases, 2.313 Amiable composition arbitration awards, 8.23 Ancillary measures anti-suit injunctions, 5.51 post-judgment orders, 6.20 Andorra status, 2.26 Anticipated torts special jurisdiction under Regulation 1215/2012, 2.209 Anti-suit injunctions, 5.32 ancillary measures, 5.51 Canadian and Australian authority, 5.49 case management, 5.48 damages as alternative to, 5.53 – 5.55 disobedience to, consequences, 5.52 equitable right not to be sued, 5.40 – 5.44 if the respondent can only win suing overseas, 5.47 interim relief and, 6.10 jurisdiction in personam over respondent, 5.33 – 5.35 legal right not to be sued, 5.37 – 5.39 oppressive foreign proceedings, 5.41 – 5.45 principles upon which ordered/not ordered, 5.36 public interest factors, discretion, 5.46 restraining civil or commercial proceedings before courts of another Member State, 5.45 timing of application for, 5.50 unconscionable conduct, 5.40 vexatious foreign proceedings, 5.40 – 5.44 Anton Piller orders interim remedies, 6.04 Arbitration aims of, 8.01 Arbitration Act (1996), under, 8.03 – 8.31 awards, 8.22 – 8.24 , 8.29 – 8.31 broad principle, 2.42 English law, 8.01 – 8.39 English proceedings, commencing, 8.19 consent issues, 8.02 court powers prior to award, 8.22 English domestic agreements, 8.26 enforcement of arbitral award (English law), 4.75 , 8.36 – 8.39 enforcement prior to 1996 Act (English law), 8.29 , 8.36 – 8.39 injunctions to enforce agreements, 8.16 , 8.17 judgments from Member States under Regulation 44/2001, 7.09 law prior to 1996 Act (English law), 8.32 – 8.39 recognition and enforcement of foreign awards, 8.29 , 8.31 relation to jurisdiction under Regulation 1215/2012, 2.44 , 8.18 seat of, 8.06 , 8.07 small claims in county courts (English law), 8.28 stays of proceedings, 4.55 , 8.13 – 8.15 , 8.35 see also Arbitration Act (1996); Arbitration agreements; Arbitration tribunals Arbitration Act (1996), 8.03 admiralty proceedings, 8.15 applicable arbitrations, 8.05 commencing English proceedings, 8.19 conduct of proceedings, 8.21 consumer arbitration agreements, 8.27 court powers prior to award, 8.22 domestic arbitration agreements, 8.26 enforcement of and challenges to awards, 8.24 formal requirements, 8.10 general principles of interpretation, 8.04 injunctions to defend arbitration agreements, 8.16 , 8.17 law prior to, 8.32 – 8.39 mandatory and non-mandatory provisions, 8.09 miscellaneous and supplementary matters, 8.25 recognition and enforcement of foreign awards, 8.29 – 8.31 reform of Regulation, 8.18 restraint of parties before courts of a Member State, 8.17 scope, 8.05 seat of arbitration, 8.06 , 8.07 small claims, in county court, 8.28 stays of proceedings, 8.13 – 8.15 structure, 8.03 territorial jurisdiction of court, 8.16 Arbitration agreements consumer, 8.27 domestic, 8.26 formal requirements, 8.10 law governing, 8.08 rescission of the substantive contract and, 8.12 validity and scope, 8.11 Arbitration tribunals: awards, 8.23 commencement of proceedings and, 8.19 jurisdiction of, 8.20 powers, 8.22 Arrest Convention, 2.48 jurisdiction derived from other instruments, Regulation 1215/2012, 2.50 Australia anti-suit injunctions, 5.49 Austria EU membership, effect, 1.09 Autonomous interpretation of Regulation 1215/2012, 2.04 Bankruptcy, 2.29 , 2.40 Branches and agencies of defendant domiciled in other Member State, Regulation 1215/2012, 2.213 , 2.214 branch, agency or other establishment, 2.215 dispute arising from operations of branch, 2.216 international jurisdiction in UK courts, 2.217 Breach of contract service out of jurisdiction, ground for permission, 4.70 stay of proceedings brought in England, 4.52 Brussels Convention amended/re-amended, 1.04 Court of Justice, references to for preliminary ruling, 1.16 , 2.03 obligation to comply with civil jurisdiction/ judgments systems, 1.06 – 1.09 Official Commentary, 1.15 original, 1.04 signature/parties, 1.05 Brussels I Regulation: history and development, 1.01 academic sources of law, 1.18 accession of Austria, Finland and Sweden, 1.09 accession of Denmark, Ireland and the UK, 1.06 accession of Greece, 1.07 accession of Portugal and Spain, 1.08 amendments, 1.13 , 2.28 Brussels Convention and, 1.04 – 1.09 Brussels I Regulation (recast) 1215/2012, 1.13 common law, 1.02 – 1.03 decided cases as source of law, 1.17 ECHR and, 1.20 – 1.21 human rights and discrimination law, impact of, 1.19 – 1.21 jurisdiction of English courts, 1.03 Lugano Convention and, 1.10 Lugano II Convention, 1.12 Official Reports on Brussels and Lugano Conventions, 1.15 primary sources of law, impact of, 1.04 – 1.13 ‘recasting’ the Brussels I Regulation, 1.13 , 2.28 secondary sources of law, impact of, 1.14 – 1.18 Brussels I Regulation (44/2001): jurisdiction, see Brussels I Regulation (1215/2012): jurisdiction Brussels I Regulation (44/2001): recognition and enforcement of foreign judgments, 7.03 , 7.04 appeals and further appeals, 7.28 arbitration, in context of, 7.09 civil and commercial matters, 7.08 authentic instruments and court-approved settlements, 7.30 breach of agreements for resolution of disputes, 7.16 Brussels Regulation (1215/2012) or, 7.03 default judgments, 7.17 documents starting clock running, 7.18 enforcement of judgments entitled to recognition, 7.26 foreign judgment irreconcilable with local judgment, 7.22 foundation for issue estoppel, as, 7.25 fraud, judgment obtained by, 7.15 irregularity in service, effect, 7.20 issue estoppel, recognition as foundation for, 7.25 judgment from a court in a Member State, 7.07 judgment irreconcilable with prior foreign judgment, 7.23 obtaining ex parte an order of registration for enforcement, 7.27 order of enquiry, 7.06 period of time to prevent default judgment, 7.19 public policy, 7.13 – 7.16 recognition and consequences of, 7.24 recognition refused on grounds of public policy, 7.13 unreasonably failing to challenge judgment after entered in default, 7.21 see also Brussels I Regulation (1215/2012): recognition and enforcement of foreign judgments Brussels I Regulation (1215/2012): jurisdiction, 2.01 choice of court agreements (member states), 2.124 – 2.149 companies, exclusive jurisdiction, 2.64 – 2.69 consumer contracts, 2.98 – 2.113 disputing the jurisdiction of English courts, 2.11 employment contracts, 2.114 – 2.123 enforcement of judgements from nonmember states, 2.37 , 2.81 enforcement of judgments from other member states, exclusive jurisdiction, 2.77 – 2.83 entering an appearance, jurisdiction by, 2.20 , 2-85– 2.90 European Convention on Human Rights and, 2.51 examination of jurisdiction, 2.254 – 2.259 excluded matters, 2.30 , 2.38 – 2.42 exclusive jurisdiction, regardless of domicile, 2.54 – 2.84 general jurisdiction, 2.150 immovable property, 2.55 – 2.63 insurance matters, 2.91 – 2.96 intellectual property rights, exclusive jurisdiction, 2.72 – 2.76 international jurisdiction in UK courts , 2.312 – 2.315 interpretation, principles of, 2.02 – 2.10 jurisdiction under other conventions or instruments and, 2.46 – 2.53 lis pendens in a non-member state, 2.288 – 2.311 lis pendens in another member state, 2.260 – 2.287 Maritime and other Conventions, 2.50 national courts, equal authority, 2.09 other Union leges speciales , 2.52 proceedings within scope of Regulation, 2.12 – 2.20 public registers, exclusive jurisdiction, 2.70 – 2.71 residual jurisdiction, 2.248 – 2.251 provisional/protective relief, jurisdiction to grant, 2.251 – 2.253 scope, 2.23 – 2.45 special jurisdiction, defendant domiciled in another member state, 2.161 – 2.247 civil and commercial matters, 2.20 , 2.31 – 2.36 , 6.09 , 7.03 – 7.30 defendants domiciled in non-Member State, 2.248 – 2.251 defendants domiciled in UK, 2.150 – 2.160 ) text of Brussels I Regulation 1215/2012, Appendix I text of Brussels I Regulation 44/2001, Appendix II see also under individual headings Brussels I Regulation (1215/2012): recognition and enforcement of foreign judgments, 7.35 breach of agreements for resolution of disputes, 7.38 enforcement of judgments, 7.39 meaning of ‘judgment’, 7.36 miscellaneous points, 7.41 recognition or non-recognition, grounds for, 7.37 refusal to enforce, 7.40 Canada anti-suit injunctions, 5.4 recognition and enforcement of foreign judgments, 7.61 , 7.62 Capacity of persons under Regulation 1215/2012, 2.29 , 2.39 Case management anti-suit injunctions, alternative to, 5.48 stay of proceedings, 4.40 Certified uncontested claims, 7.31 EEO certification procedure, 7.32 enforcement and challenges to enforcement of EEO-certified judgment, 7.34 issue of and objection to EEO certificate, 7.33 Channel Islands judgments from, 7.90 – 7.93 status, 2.01 Choice of court agreements, 2.124 , 2.149 , 4.41 – 4.54 arbitration agreements, 4.55 breach by bringing objected-to proceedings, 4.50 breach of contract, staying proceedings brought in England, 4.52 breach of non-exclusive agreement for choice of court, 4.51 challenges to validity on substantive grounds, Regulation 1215/2012, 2.146 challenges to validity: formal or procedural requirements, Regulation 1215/2012, 2.145 common law: stays of proceedings, 4.41 – 4.55 , complex agreements, 4.45 construction of, 4.42 consumer contract matters, Regulation 1215/2012, 2.110 damages as alternative enforcement for, 4.54 damages for breach, 5.55 disputes falling within the scope, Regulation 1215/2012, 2.144 formal requirements for valid agreement, Regulation 1215/2012, 2.130 – 2.148 general effect of agreement on jurisdiction, Regulation 1215/2012, 2.125 incorporation on jurisdiction from one contract to another, 2.134 , 4.46 insurance matters, Regulation 1215/2012, 2.95 judicial discretion, agreement for courts of non-Member State, 2.307 jurisdiction by agreement derived from other contractual terms, 2.148 jurisdiction in trust instruments, Regulation 1215/2012, 2.147 ‘lifting the veil of incorporation’, 2.136 , 4.47 ‘lop-sided’ agreements, Regulation 1215/2012, 2.140 managing disputes, Regulation 1215/2012, 2.126 , 2.127 multi-partite litigation, effect in, 4.53 nature of agreements on jurisdiction, 2.128 , 2.129 , 4.42 scope of agreement, 4.42 – 4.47 ‘service of suit’ clause, 4.45 stay of proceedings and, 4.41 – 4.55 strangers to original agreement and, Regulation 1215/2012, 2.135 subrogation by insurers/effect of agreements made by insured, Regulation 1215/2012, 2.137 substance of agreement, Regulation 1215/2012, 2.138 – 2.143 trust instruments and, Regulation 1215/2012, 2.147 validity of agreement as matter of common law, 4.42 , 4.48 , 4.49 writing requirements, Regulation 1215/2012, 2.131 Civil and commercial matters activity from which claim arises, 2.35 excluded matters arising incidentally, 2.36 interim relief sought in, 6.09 – 6.10 judgments certified for enforcement with a European Enforcement Order, 7.31 – 7.34 judgments from courts of Lugano states and Brussels Convention territories, 7.42 – 7.45 judgments from Member States under Regulation 1215/2012, 7.35 – 7.41 judgments from Member States under Regulation 44/2001, 7.01 – 7.34 proceedings brought against private parties, 2.31 , 2.32 proceedings brought against private persons exercising public functions, 2.34 proceedings brought against public authority 2.33 restraining proceedings before courts of another Member State, 5.45 Civil Jurisdiction and Judgements Act (1982), 2.314 detailed provisions, 2.315 re-litigation, prevention, 7.79 submission by voluntary appearance negated by, 7.55 Civil Procedure Rules, 4.60 administration of estates, 4.78 admiralty claims, 4.84 arbitral award, enforcement, 4.75 constructive trusteeship, 4.80 contracts, as to, 4.68 – 4.70 discretion to authorise, 4.87 disputing the jurisdiction of the English court, 5.28 enforcement of judgments, 4.75 English domiciled defendant, 4.63 ‘good arguable case’ test, 4.86 ‘heads’ of jurisdiction, 4.60 – 4.62 injunctions, 4.64 Inland Revenue claims, 4.82 interim remedies, 4.67 necessary or proper party, 4.65 non-party costs orders, 4.83 Part 20 claims, 4.66 probate claims, 4.79 procedure for disputing the court’s jurisdiction (CPR rule 11), 5.28 – 5.31 property within jurisdiction, 4.76 restitution, 4.81 service where the permission of the court is required (CPR rule 6.36), 4.60 – 4.86 standard of proof, 4.86 tort claims, 4.71 – 4.74 trusts, 4.77 under specific enactments, 4.85 Claim forms, service Civil Procedure Rules, 4.60 – 4.86 , 5.02 making no response to, 5.24 methods, 5.03 – 5.18 outside England and Wales, 5.19 – 5.22 substituted service, 5.12 uncertainty as to need for permission, 5.20 within jurisdiction, 5.02 – 5.18 see also Service out of jurisdiction; Service within jurisdiction Claimants actions by, upon defendant’s failure to enter appearance, 2.20 prospective, 2.13 Co-defendant domicile in other Member State, special jurisdiction, Regulation 1215/2012 anchor defendants, 2.227 , 2.228 intellectual property rights claims, 2.230 international jurisdiction in UK courts, 2.232 nature and degree of connection, 2.229 proceedings designed to remove a codefendant, 2.231 special jurisdiction, 2.225 , 2.226 Collision Convention jurisdiction derived from other instruments, 2.50 Common law rules of jurisdiction, 1.02 , 2.01 , 4.01 – 4.94 adjudication on title to foreign land by English court, 4.06 approach to jurisdiction, 4.02 cases where jurisdiction at common law does not/cannot exist, 4.05 choice of court agreements, 4.41 – 4.55 enforcement of foreign penal, revenue and analogous public laws, 4.10 foreign intellectual property rights and, 4.09 jurisdictional denied by public international law principles, 4.11 Mo ç ambique rule, 4.06 – 4.09 multi-state defamation, 4.12 nature of jurisdiction rules under Brussels I Regulation, comparison, 2.21 service out of jurisdiction with permission of the court, 4.57 – 4.94 service out of jurisdiction without permission of the court, 4.56 sphere of application, 4.01 staying proceedings, 4.13 – 4.55 staying proceedings, choice of court agreements, 4.41 – 4.55 staying proceedings, grounds of forum non conveniens, 4.17 – 4.40 staying proceedings, service within jurisdiction, 4.13 – 4.16 see also under individual headings Common law rules: effect of foreign judgments at, 7.45 – 7.84 abuse of process, raising fraud defence as an, 7.70 actions in rem , 7.63 Canadian development of common law, 7.61 , 7.62 Civil Jurisdiction and Judgements Act (1982), 7.55 consequences of non-recognition, 7.84 contrary to public policy, 7.72 corporation, presence in case of, 7.49 counterclaims, submission to, 7.58 default judgments, 7.66 defences to recognition other than lack of jurisdiction, 7.64 defendant present within jurisdiction of court, 7.48 – 7.50 defendant submitted to jurisdiction of foreign court, 7.51 – 7.59 departure from agreement as to applicable law as defence, 7.68 doctrine of obligation, 7.62 effect and consequences of entitlement to recognition, 7.75 enforcement not extending to foreign penal/ revenue or other public law, 7.77 federal states and complex countries, presence in, 7.50 foreign judgment inconsistent with prior judgment, 7.74 fraud, judgment obtained by, 7.69 – 7.70 Human Rights Act, recognition precluded by, 7.73 implied and indirect forms of submission, 7.59 interlocutory judgments, 7.66 international jurisdictional competence of foreign court, 7.47 issue estoppel, 7.82 – 7.83 judgment contravening principles of natural or substantial justice, 7.71 judgment not final and conclusive, 7.66 judgment obtained in breach of agreement, 7.67 jurisdictional competence derived from submission, 7.59 jurisdictional competence of foreign court, 7.63 no other basis of jurisdiction accepted as sufficient, 7.60 other steps taken in foreign proceedings/ submission, 7.56 penal/revenue or other public law, enforcement of judgment based on, 7.77 preventing successful claimant from suing again, 7.79 preventing unsuccessful claimant from suing again, 7.80 prior agreement, submission to jurisdiction by, 7.57 Protection of Trading Interests Act 1980, effect of, 7.78 recognition as basis for action by claimant, 7.76 recognition in personam , 7.47 res judicata , practical effect of estoppel by, 7.81 submission by voluntary appearance, 7.52 submission to jurisdiction, 7.51 – 7.59 see also under individual headings Community judgments recognition of, 7.96 Companies, service on Companies Acts, under, 5.15 overseas, 5.17 personal service, 5.05 place of service, 5.11 UK, in, 5.16 Companies with seat in Member State, exclusive jurisdiction, 2.64 , 2.65 contract claims and imperfections in corporate decision-taking, 2.67 UK, seat in, 2.69 , 2.156 Concurrent exclusive jurisdictions exclusive jurisdiction, Regulation 1215/2012, 2.61 lis alibi pendens , Regulation 1215/2012, 2.287 Constructive trusteeship service out of jurisdiction, grounds for permission, 4.80 Consumer contracts, Regulation 1215/2012, 2.98 , 2.99 choice of court agreements, 2.110 instalment credit terms, sale on, 2.104 international jurisdiction in UK courts, 2.112 jurisdictional rules, 2.109 loans payable by instalments, 2.105 made for mixed purposes, 2.102 parties to the contract, 2.100 prize offers cases, 2.107 purpose of contract, 2.101 , 2.102 rescission and repayment claims, 2.108 sale of goods on instalment credit terms, 2.104 small contracts, legislative provisions, 2.111 Contesting jurisdiction of court jurisdiction under Regulation 1215/2012, 2.87 , 2.88 procedure, 5.23 – 5.31 Contracting States, see Brussels Convention; Lugano Convention Contract breach within the jurisdiction, 4.70 one party disputing existence of, Regulation 1215/2012, 2.169 service out of jurisdiction, grounds for permission, 4.68 – 4.70 voidable and ‘void’ contracts and special jurisdiction, Regulation 1215/2012, 2.170 see also Consumer contracts; Contracts, domicile in other Member State Contract, matters relating to, special jurisdiction, Regulation 1215/2012 autonomous definition, 2.166 dispute as to existence of, 2.169 Jakob Handte , decision in, 2.167 – 2.168 matters relating to tort, delict or quasi-delict, relationship to, 2.187 unjust enrichment, claims founded on, 2.172 voidable and ‘void’ contracts, 2.170 Convention on the Contract for the International Carriage of Goods by Road (CMR Convention), 2.48 jurisdiction under Regulation 1215/2012, 2.48 stay of proceedings at common law, legislative limitations, 4.14 Conventions Arrest Convention background, 2.48 , 2.50 CMR Convention, 2.48 , 4.14 Collision Convention Geneva, 2.50 incorporation by reference of jurisdiction authorised by a particular Convention, 2.48 Maritime, 2.50 New York, 8.29 on particular matters, Regulation 1215/2012, 2.47 , 2.49 stay of proceedings, legislative limitations, 4.14 see also Brussels Convention; Lugano Convention Corporations domicile in UK, 2.154 – 2.156 exclusive jurisdiction, 2.64 – 2.69 recognition and enforcement of foreign judgments, common law, 7.49 service on, 5.05 , 5.11 Council Regulation (EC) 44/2001, see Brussels I Regulation: history and development; Brussels I Regulation (44/2001): jurisdiction; Brussels I Regulation (44/2001): recognition and enforcement of foreign judgments Council Regulation (EC) 1215/2012, see Brussels I Regulation (1215/2012): jurisdiction; Brussels I Regulation (1215/2012): recognition and enforcement of foreign judgments Counterclaims defendant domiciled in another Member State, Regulation 1215/2012, 2.240 – 2.243 submission to, foreign judgments, 7.58 Court of Justice of the European Union decisions relating to interpretation of Regulations, Appendix III references to for preliminary ruling, as source of law, 1.16 , 2.03 Criminal cases defendant domiciles in another Member State, special jurisdiction, 2.211 Crown: domicile in UK, Regulation 1215/2012, 2.159 Cultural objects, recovery defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.212 Customs matters, Regulation 1215/2012, 2.29 Damages alternative to anti-suit injunctions, as, 5.53 – 5.59 assessment of loss when jurisdiction agreement breached, 5.55 breach of contractual choice of court agreement, 5.55 wrongful litigation generally, 5.53 – 5.59 Decision ex aequo et bono arbitration awards, 8.23 Declaratory judgments, merits of dispute, 5.60 jurisdiction in personam , 5.61 – 5.63 making declaration, 5.64 Defamation common law rules, 4.12 multi-state defamation, restriction of common law jurisdiction, 4.12 Default judgments, 7.07 certain judgments given in default of appearance, Regulation 44/2001, 7.17 common law, 7.66 documents starting clock running, Regulation 44/2001, 7.18 irregularity in service, effect, Regulation 44/2001, 7.20 period of time to prevent, Regulation 44/2001, 7.19 recognition of foreign judgments, Regulation 44/2001, 7.07 , 7.66 unreasonably failing to challenge judgment following default of appearance, Regulation 44/2001, 7.21 Defendants domiciled in another Member State, special jurisdiction over, Regulation 1215/2012, 2.161 – 2.247 anchor defendants, 2.227 , 2.228 branch or agency, defendant operating through, 2.213 – 2.217 civil claims raised in criminal cases, 2.211 civil claims to recover cultural objects, 2.212 , co-defendants, 2.225 – 2.228 concurrent causes of action in contract and tort, 2.192 connection between claims against codefendants, 2.229 contractual and non-contractual claims in same action, 2.184 counterclaims, 2.240 – 2.243 declining exercise of jurisdiction, discretion, 2.238 duty of care, obligations based on breach of, 2.193 equitable obligations, 2.196 harmful events, matters relating to tort, 2.199 – 2.206 intellectual property rights claims and codefendants, 2.230 international jurisdiction in UK courts, 2.185 , 2.210 , 2.232 Jakob Handte , decision in, 2.167 – 2.168 liability, meaning of, 2.188 , 2.191 , 2.246 Lugano II Convention, jurisdiction under, 3.14 matters relating to contract, 2.164 – 2.85 no ‘accessory’ special jurisdiction over related claims, 2.208 obligation in question, matters relating to a contract, 2.173 – 2.183 , 2.197 pre-contractual liability, 2.191 proceedings impugning validity of a contract, 2.191 product liability, 2.198 professional service providers, claims against, 2.194 related claims, no ‘accessory’ special jurisdiction over, 2.208 removal of third party defendant from courts of domicile, 2.236 salvage claims, 2.222 third party proceedings, 2.233 – 2.239 tort claims, or matters relating to tort, 2.186 – 2.210 trustee, beneficiary or settlor sued as such, 2.218 , 2.219 trusts, domiciled in UK, 2.220 , 2.221 undertakings freely entered into, matters relating to a contract, 2.168 unjust enrichment, claims founded on, 2.197 Defendant domiciled in non-Member State, 2.248 lis alibi pendens , 2.249 , 2.250 residual jurisdiction, 2.248 – 2.251 service of process on defendant, 2.251 Defendant domiciled in United Kingdom, 2.150 , 2.151 , 2.160 associations, 2.154 – 2.156 consumer goods suppliers, non-Member State, 2.157 corporations, 2.154 – 2.156 Crown, domicile of, 2.159 determination, 2.152 employers, non-Member State, 2.157 individuals, 2.153 insurers, non-Member State, 2.157 Denmark EC membership, effect, 1.06 see also Brussels Convention; Lugano Convention Detention of property interim relief and, 6.02 Discretion agreement on choice of court for non-Member State, 2.307 arguments for and against existence, Regulation 1215/2012, 2.300 – 2.302 common law principles, 4.13 – 4.93 declining exercise of jurisdiction conferred by Regulation 1215/2012, 2.299 injunctions, 5.32 – 5.52 lis alibi pendens in court of non-Member State, Regulation 1215/2012, 2.311 Lugano opinion, 2.306 more appropriate forum in another Member State, Regulation 1215/2012, 2.303 , 2.310 , 2.311 more appropriate forum in non-Member State, Regulation 1215/2012, 2.304 , 2.305 , 2.308 , 2.309 Discrimination, prohibition on EU law and Human Rights Act (1998), 1.19 Disputing jurisdiction, 5.23 Brussels I Regulation and, 2.11 English court, of, 5.26 – 5.28 making no response to service of claim form, 5.24 striking out on substantive grounds, applying for, 5.30 summary judgment, application for, 5.31 Divorce material scope of Regulation, 2.39 Document Exchange (DX) service by, 5.03 , 5.08 Domicile in non-Member State, see Defendant not domiciled in Member State Domicile in other Member State, see Defendant domiciled in another Member State, special jurisdiction over Domicile in UK, see Defendant domiciled in United Kingdom Domiciliary rule exceptions to, narrow construction, 2.06 EC Council Regulation 44/2001, see Brussels I Regulation (44/2001) ECHR, see European Convention on Human Rights (ECHR) Electronic communication, service by, 5.03 , 5.10 Employment contracts, Regulation 1215/2012, 2.114 , 2.115 , 2.123 applicable working relationships, 2.116 former employment, 2.117 Lugano II Convention, jurisdiction under, 3.11 employment in more than one Member State, 2.120 international jurisdiction in UK courts, 2.122 jurisdictional agreements, 2.121 jurisdictional rules, 2.119 relationship between the claim and employment, 2.118 Enforcement of foreign judgments Administration of Justice Act 1920, registration of judgments under, 7-85– 7.89 Brussels and Lugano Conventions, under, 7.42 – 7.44 Civil Jurisdiction and Judgements Act (1982), 7.55 common law, at, 7.46 – 7.84 Foreign Judgments (Reciprocal Enforcement) Act 1933, registration of judgments under, 7.85 , 7.90 – 7.93 Gibraltar, from, 7.94 Northern Ireland, from, 7.94 Scotland, from, 7.94 uncontested claims, certified by EEO, 7.31 – 7.34 see also Enforcement of foreign judgments, under Brussels I Regulation Recognition of foreign judgments Enforcement of foreign judgments, under Brussels I Regulation, 7.04 Article 1 (44/2001), under, 7.08 authentic instruments and court-approved settlements, 7.30 Brussels Regulation (1215/2012) or, 7.03 defendants not domiciled in Member State, 7.05 obtaining ex parte an order of registration for enforcement, 7.27 where entitled to recognition, 7.26 Enforcement of interim remedies English orders, in other Member States, 6.21 Enforcement of judgments, see Enforcement of foreign judgments; Enforcement of foreign judgments, under Brussels I Regulation; Enforcement of judgments from Member States Enforcement of judgments from Member States, exclusive jurisdiction, Regulation 1215/2012, 2.78 , 2.84 courts of other Member States in UK, from, 2.82 judgments from non-member States, 2.81 orders made in aid of English judgments, 2.80 2.122 orders made in relation to judgments, 2.79 statutory provisions, 2.77 Entering an appearance, jurisdiction by, Regulation 1215/2012, 2.85 , 2.90 appearance by insured, consumer or employee, 2.89 Lugano II Convention, jurisdiction under, 3.08 contesting jurisdiction of court, 2.87 , 2.88 options for claimant upon failure to enter, 2.20 submission or appearance, 2.86 Entries in public registers, validity exclusive jurisdiction, 2.70 , 2.71 Entry to premises interim relief and, 6.02 Equitable obligations defendant domiciled in another Member State, special jurisdiction, 2.196 Equitable right not to be sued anti-suit injunctions, basis for, 5.40 – 5.44 Estoppel equitable right not to be sued, 5.40 by res judicata , practical effect, 7.81 European Community (EC) joining by Austria, Finland and Sweden, 1.09 joining by Denmark, Ireland and UK, 1.06 joining by Greece, 1.07 joining by Portugal and Spain, 1.08 European Convention on Human Rights (ECHR) Article 71 Convention, as an, 2.51 scope/effect, 1.20 European Court of Justice, see Court of Justice of European Union European Enforcement Orders (EEO), 7.31 certification procedure, 7.32 enforcement and challenges to enforcement of EEO-certified judgment, 7.34 issue of and objection to EEO certificate, 7.33 European Order for Payment (EOP) Regulation, 2.52 , 2.111 European Small Claims Procedure (ESCP) Regulation, 2.52 , 2.111 Examination of jurisdiction, Regulation 1215/2012, 2.254 , 2.259 checking for exclusive jurisdiction, 2.255 Lugano II, under, 3.17 nature of examination required, 2.256 , 2.258 non-appearance of defendant, 2.257 Exclusive jurisdiction, regardless of domicile, Regulation 1215/2012, 2.54 – 2.84 companies with seat in Member State, 2.64 – 2.69 , 2.156 companies with seat in UK, 2.69 concurrent exclusive jurisdictions, 2.61 contract claims and imperfections in corporate decision-taking, 2.67 enforcement of judgments from Member States, 2.78 – 2.84 immovable property, 2.55 – 2.63 intellectual property rights, 2.73 – 2.76 land law principles, dispute requiring application of, 2.58 Lugano II Convention, 3.07 personal obligations relating to land, claims based on, 2.57 proceedings arising from defence rather than claim, 2.60 proceedings having as object rights in rem of immovable property, 2.56 validity of entries in public registers, 2.70 , 2.71 Fair trial, right to availability of foreign court and, 4.21 ECHR and, 1.21 England as proper place for trial, 4.90 where recognition of judgment precluded by lack of, 7.73 Family matters material scope of Regulation 1215/2012, 2.39 Fax service through, 5.03 , 5.09 Federal states and complex countries presence of defendant in, 7.50 Finland EU membership, effect, 1.09 Foreign Judgments (Reciprocal Enforcement) Act 1933 enforcement of arbitral award, 8.39 registration of judgments under, 7.85 , 7.90 – 7.93 Formal requirements for agreement on choice of court, Regulation 1215/2012, 2.130 agreement derived from other contractual terms, 2.148 agreement in accordance with established practices of international trade, 2.133 agreement in accordance with parties’ established practices, 2.132 challenges to validity, 2.145 – 2.146 courts of non-Member States, 2.143 disputes falling within the scope, 2.144 in writing/evidenced in writing, 2.131 incorporation of agreements on jurisdiction from one contract to another, 2.134 ‘lifting the veil of incorporation’, 2.136 non-exclusive jurisdiction, 2.139 non-geographical designation of court, 2.141 strangers to original agreement, 2.135 subrogation by insurers/effect of agreements made by insured, 2.137 substance of agreement, 2.138 – 2.144 trust instruments, in, 2.147 UK courts, for, 2.142 Forum non conveniens Brussels I Regulation and, 2.08 , 2.14 , 2.304 , 2.305 common law principle, 4.17 – 4.40 lis alibi pendens , impact of, 4.37 see also Spilada test France non-metropolitan territories, 2.01 , 3.02 Fraud, foreign judgment obtained by common law, at, 7.69 , 7.70 public policy and, Regulation 1215/2012, 7.15 raising fraud defence as abuse of process, 7.70 Freezing injunctions interim remedies, 6.03 ; see also Interim remedies Gibraltar recognition and enforcement of foreign judgments, 7.94 Greece EC membership, effect, 1.07 Guernsey judgments from, 7.90 – 7.93 status, 2.01 Harmful events, matters relating to tort, Regulation 1215/2012 Bier test, 2.201 – 2.206 damage locating special jurisdiction, 2.201 damage occurring/loss arising in more than one Member State, 2.204 event giving rise to damage, 2.205 , 2.206 general interpretation, 2.199 identifying where damage occurred, 2.202 identifying where loss occurred, 2.203 proceedings for declaratory relief, 2.200 HM Revenue and Customs service out of jurisdiction, grounds for permission, 4.82 Human rights EU law and Human Rights Act (1998), 1.19 persons given statutory protection, 1.20 recognition of foreign judgments precluded by Human Rights Act, 7.73 Iceland Lugano Convention, 3.01 , 3.19 , 7.42 , 7.43 Immovable property in non-Member State, Regulation 1215/2012, 2.63 , 2.305 – 2.308 rights in rem , meaning of, 2.56 tenancies, 2.55 , 2.59 – 2.61 title to, 2.55 UK, in 2.62 Immunity from jurisdiction public international law, derived from, 4.11 recognition of foreign judgments, 7.95 Injunctions ancillary measures, 5.51 anti-suit, 5.32 – 5.52 arbitration proceedings, foreign courts, 8.16 Canadian and Australian authority, 5.49 case management, as alternative to, 5.48 damages, as alternative to, 5.53 – 5.59 disobedience to, consequences, 5.52 freezing, 6.03 interlocutory in general, 6.05 Mareva , 6.03 oppressive foreign proceedings, 5.40 – 5.44 public interest factors, discretion, 5.46 restraining bringing of proceedings in other Member States, 2.17 , 5.45 timing of application for, 5.50 vexatious foreign proceedings, 5.40 – 5.44 see also anti-suit injunctions Inland Revenue claims material scope of Regulation and, 2.29 recognition and enforcement of foreign judgments, common law, 7.77 service out of jurisdiction, grounds for permission, 4.82 Insolvency Brussels I Regulation and, 2.29 , 2.40 Inspection of property interim relief and, 6.02 Insurance contracts Brussels I Regulation, under, 2.91 – 2.97 choice of court agreements, Regulation 1215/2012, 2.95 Lugano II Convention, jurisdiction under, 3.09 Insurers defendant domiciled in UK, non-Member State, 2.157 subrogation by, 2.137 Intellectual property rights, 2.72 , 2.73 claims involving multiple national patents, 2.75 co-defendants, special jurisdiction, 2.230 deposit or registration in UK, 2.76 European Patents Convention, and limitations of power to stay proceedings, 4.14 exclusive jurisdiction, regardless of domicile, Regulation 1215/2012, 2.72 – 2.76 foreign, validity of, jurisdiction to determine, 4.09 invalidity raised as defence to infringement claim, Regulation 1215/2012, 2.74 Interim payments interim relief and, 6.02 , 6.09 Interim remedies Anton Piller orders, 6.04 arbitration proceedings, 8.21 , 8.22 Article 35 orders, 6.11 , 6.12 before courts of non-Member States, 6.17 civil or commercial proceedings, relief sought in, 6.09 – 6.15 Civil Procedure Rules and, 6.01 , 6.02 freezing injunctions, 6.03 granted by courts of other Member States, 6.22 interlocutory injunctions in general, 6.05 jurisdiction to grant, 6.07 , 6.08 measures available from an English court, 6.02 relief sought, 6.09 – 6.19 , 8.21 , 8.22 search orders, 6.04 service out of jurisdiction, grounds for permission, 4.67 stay of proceedings, 6.18 International jurisdiction in UK courts, Regulation 1215/2012, 2.24 , 2.28 allocation of jurisdiction within UK, 2.312 Civil Jurisdiction and Judgements Act (1982), Sch. 4, 2.314 , 2.315 consumer contracts, 2.112 domicile in another Member State, 2.185 employment contracts, 2.122 insurance contracts, 2.96 non-international cases, 2.313 Interpretation of Regulation 1215/2012 arbitration, 2.43 autonomous, nature of, 2.04 domiciliary rule, exceptions to be construed narrowly, 2.06 equal, 2.03 general principles, 2.02 hierarchical application, 2.10 , 2.22 inconsistent judgment, avoiding, 2.07 national courts, equal authority, 2.09 promoting legal certainty, proximity and predictability, 2.08 teleological evaluation, 2.05 uniform, 2.03 Ireland, Republic of EC membership, effect, 1.06 Irreconcilable with local judgment recognition of foreign judgments, under Regulation 44/2001, 7.22 Irreconcilable with prior foreign judgment recognition of foreign judgments, under Regulation 44/2001, 7.23 Issue estoppel, recognition of foreign judgments findings against claimant, 7.82 findings against defendant, 7.83 recognition as foundation for issue estoppel, 7.25 Jersey judgments from, 7.90 – 7.93 status, 2.01 Judgment in default of appearance, Regulation 44/2001 documents starting clock running, 7.18 irregularity in service, effect, 7.20 period of time to prevent, 7.19 recognition of foreign judgments, under Regulation 44/2001, 7.17 unreasonably failing to challenge judgment following, 7.21 Judicial arrangements Brussels I Regulation and, 2.29 , 2.40 Jurisdiction derived from other instruments, Regulation 1215/2012, 2.46 , 2.53 European Convention on Human Rights, 2.51 incorporation by reference of jurisdiction authorised by a particular Convention, 2.48 jurisdictional privilege and, 2.49 Maritime and other Conventions, 2.50 other Union leges speciales , 2.52 particular matters, conventions on, 2.47 Laches equitable right not to be sued, effect on, 5.40 Land disputes, Regulation 1215/2012 claims based on personal obligations, 2.57 Land-related contracts, defendant domiciled in other Member State, special jurisdiction, Regulation 1215/2012: land in UK, 2.245 ; statutory provisions, 2.244 Legal certainty promotion of by Brussels I Regulation, 2.08 Legal right not to be sued appropriateness of injunctive relief, 5.39 injunctions to enforce, 5.37 protection of English court’s jurisdiction, 5.38 Lex causae relevance to doctrine of forum non conveniens, 4.26 Liability, matters relating to tort, Regulation 1215/2012, 2.188 – 2.189 Kalfelis decision, 2.188 – 2.192 pre-contractual, 2.191 product, 2.198 special jurisdiction to limit, 2.246 Liechtenstein status, 2.26 Lis alibi pendens Regulation 1215/2012 amendment of proceedings and, 2.271 Brussels Convention territory and Lugano States, in, 2.288 concurrent exclusive jurisdictions, 2.287 date of seisin, 2.268 – 2.270 . 2.286 declaratory judgment, merits of dispute and, 5.60 defendant not domiciled in Member State, 2.248 , 2.249 , 2.250 entering an appearance, jurisdiction by, 2.90 general effect, 2.260 general principles of interpretation, impact of, 2.02 identity of objet and cause , 2.265 – 2.266 identity of parties, 2.267 inconsistent judgment, purpose of avoiding, 2.07 interpretation of Lugano II Conventions, 3.03 judicial discretion, 2.311 Lugano II, under, 3.18 non-Lugano states, 3.19 proceedings in a non-member state, 2.288 – 2.311 proceedings in Lugano Convention State/ Brussels Convention territory, 2.289 proceedings pending in another Member State, 2.262 related action, as, 2.281 – 2.283 relief, forms of, 2.284 , 2.285 same cause of action, 2.265 – 2.266 , 2.290 , 2.291 same parties, identity, 2.267 seisin, date and duration of, 2.263 , 2.264 , 2.268 – 2.287 short private lettings, exclusive jurisdiction regardless of domicile, 2.61 Lugano Convention, 3.01 agreements on jurisdiction for a Contracting State, 3.12 amendments, 1.12 background/scope of application, 1.10 consumer contracts, 3.10 defendant domiciled in another Contracting State, 3.14 defendant domiciled in UK, 3.13 defendant not domiciled in Contracting State, 3.15 discretion and, 2.306 employment contracts, 3.11 examination of jurisdiction, 3.17 exclusive jurisdiction, 3.07 insurance contracts, 3.09 international jurisdiction given to UK courts, 3.20 interpretation, 3.03 jurisdiction derived from entering of appearance, 3.08 jurisdiction derived from other conventions, 3.06 jurisdictional rules, 3.04 lis alibi pendens , 3.18 , 3.19 Official Commentary, 1.15 protective measures, 3.16 recognition and enforcement under, 7.42 , 7.43 scope, 3.05 special jurisdiction over defendant domiciled in another Member State, 3.14 Luxembourg domiciliaries, 2.291 choice of court agreements and, 2.129 , 2.140 place of performance of obligation in question, 2.178 Mareva injunctions interim remedies, 6.03 Maritime Conventions jurisdiction derived from other instruments, 2.50 Matrimonial property rights Brussels I Regulation and, 2.29 , 2.39 Moçambique rule and common law jurisdiction exceptions, 4.07 , 4.08 foreign intellectual property rights, validity, 4.09 title to foreign land, adjudication on, 4.06 Monaco status, 2.26 Multi-partite litigation choice of court agreements affecting only some parties, 4.53 Nationality grounds, discrimination on EU law and Human Rights Act (1998), 1.19 Natural forum appropriate forum and, 4.22 England as proper place for claim even though not natural forum, 4.91 England shown to be, 5.41 greater appropriateness of foreign forum and, 4.23 in another Member State, Regulation 1215/2012, 2.302 , 2.303 , 2.310 in non-Member State, Regulation 1215.2012, 2.304 ‘proper place’ or ‘most appropriate forum’, 4.92 recognition and enforcement of foreign judgments from, 7.61 Natural justice recognition and enforcement of foreign judgments and breach, 7.71 Necessary or proper party service out of jurisdiction, ground for permission, 4.65 Netherlands non-metropolitan territories, 2.01 . 3.02 New York Convention recognition and enforcement of foreign arbitration awards, 8.29 Non-party costs orders service out of jurisdiction, 4.83 ; interim relief and, 6.02 Northern Ireland companies, service on, 5.15 , 5.16 recognition and enforcement of foreign judgments, 7.94 Norway Lugano II Convention, 3.01 , 3.19 , 7.42 , 7.43 Obligation in question, matters relating to a contract, special jurisdiction, Regulation 1215/2012, 2.173 – 2.183 contracts for sale of goods, 2.174 , 2.176 contracts for supply of services, 2.175 , 2.176 contracts not sale or provision of services, 2.177 place of performance of, 2.178 – 2.183 unjust enrichment, claims based on, 2.197 Oppressive foreign proceedings, 5.40 suing in foreign court, 5.41 undermining jurisdiction of English court, 5.42 wrongfully undermining English judgment, 5.44 Overseas companies, service on agent, through, 5.03 , 5.14 statutory service of claim form, 5.17 Pacta sunt servanda principle choice of court, effect on, 4.53 Part 20 claims service out of jurisdiction, ground for permission, 4.66 Partnerships, service on, 5.05 , 5.18 place of service, 5.11 Penal laws common law rule against enforcement, 4.10 recognition and enforcement of foreign judgments, common law, 7.77 Personal service within jurisdiction, 5.03 , 5.05 Place of performance of obligation in question, Regulation 1215/2012, 2.178 – 2.183 Place of service, in England, 5.06 alternative, 5.12 leaving at specified place, 5.11 Poland Brussels I Regulation, 1.11 , 2.25 , 2.26 Lugano Convention, 1.10 Portugal EC membership, effect, 1.08 Postal service service by, 5.03 , 5.07 Post-judgment orders interim remedies, 6.20 Presence of defendant as basis for recognition of judgments at common law corporations, 7.49 federal states and complex countries, in, 7.50 within jurisdiction of court, 7.48 Preservation of property interim relief and, 6.02 Private parties proceedings brought against as civil or commercial matters, Regulation 1215/2012, 2.31 , 2.32 Privileged jurisdiction, Regulation 1215/2012 consumer contracts, 2.98 – 2.113 employment contracts, 2.114 – 2.123 insurance, 2.91 – 2.97 Probate claims service out of jurisdiction, ground for permission, 4.79 Procedure for disputing the court’s jurisdiction (CPR rule 11), 5.23 – 5.29 application, 5.27 application by the claimant for summary judgment, 5.31 application by the defendant to strike out the claim, 5.30 arguing a court should not exercise its jurisdiction, 5.29 disputing the jurisdiction of the English court, 5.28 Product liability defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.198 Property rights arising out of matrimonial relationship, wills and successions, Regulation 1215/2012, 2.29 , 2.39 Protection of Trading Interests Act 1980 recognition and enforcement of foreign judgments, 7.78 Provisional or protective measures general, 6.01 – 6.24 Lugano II, jurisdiction under, 3.16 Regulation 1215/2012, jurisdiction under, 2.252 – 2.253 service out of jurisdiction, ground for permission, 4.67 Public authorities proceedings brought against, Regulation 1215/2012, 2.33 Public interest factors anti-suit injunctions, 5.46 Public international law immunity derived from, 4.11 Public policy arbitration awards, defence to enforcement, 8.29 fraud, judgments obtained by and, Regulation 44/2001, 7.15 recognition refused on grounds of, Regulation 44/2001, 7.13 , 7.72 right to a fair trial and, Regulation 44/2001, 7.14 Public registers, validity of entries in exclusive jurisdiction, regardless of domicile, Regulation 44/2001, 2.70 , 2.71 Quasi-delict defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.187 see also Torts, claims in Recognition of foreign judgments: common law, 7.45 abuse of process, raising fraud defence as, 7.70 actions in rem , 7.63 Canadian development of, 7.61 , 7.62 Civil Jurisdiction and Judgements Act (1982), 7.55 consequences of non-recognition, 7.84 contrary to public policy, 7.72 corporation, presence in case of, 7.49 counterclaims, submission to, 7.58 defences to recognition other than lack of jurisdiction, 7.64 defendant present within jurisdiction of court, 7.48 defendant submitted to jurisdiction of foreign court, 7.51 – 7.59 departure from agreement as to applicable law, 7.68 doctrine of obligation, 7.62 effect and consequences of entitlement to recognition, 7.75 federal states and complex countries, presence in, 7.50 foreign judgment inconsistent with prior judgment, 7.74 fraud, judgment obtained by, 7.69 – 7.70 Human Rights Act, recognition precluded by, 7.73 interlocutory and default judgments, 7.66 international jurisdictional competence of foreign court, 7.47 judgment contravening principles of natural or substantial justice, 7.71 judgment not final and conclusive, 7.66 judgment obtained in breach of agreement, 7.67 judgments obtained from natural forum, 7.61 jurisdictional competence of foreign court, 7.63 penal/revenue or other public law, judgment based on foreign, 7.77 preventing successful claimant from suing again, 7.79 preventing unsuccessful claimant from suing again, 7.80 Protection of Trading Interests Act 1980, 7.78 prior agreement, submission to jurisdiction by, 7.57 recognition as basis for action by claimant, 7.76 recognition of judgment in rem as having effect in personam , 7.47 submission by voluntary appearance, 7.52 submission to jurisdiction, 7.51 – 7.59 Recognition of foreign judgments: otherwise than under Brussels I Regulation Brussels and Lugano Conventions, under, 7.42 – 7.44 common law, at, 7.46 – 7.84 Community instruments, under, 7.96 determining which scheme or schemes will apply, 7.02 Gibraltar, judgments from, 7.94 Northern Ireland, judgments from, 7.94 obligation doctrine, 7.62 presence of defendant, 7.48 – 7.50 schemes for, 7.01 Scotland, judgments from, 7.94 sovereign immunity, effect of, 7.95 submission by voluntary appearance, 7.52 Civil Jurisdiction and Judgements Act (1982), 7.55 see also Enforcement of foreign judgments Recognition of foreign judgments: Brussels I Regulation 44/2001 appeals and further appeals, 7.28 breach of agreements for resolution of disputes, 7.11 , 7.16 civil and commercial matters, 7.03 , 7.05 – 7.09 , 7.13 – 7.72 consequences of recognition, 7.24 default judgments, 7.17 – 7.19 documents starting clock running, 7.18 foreign judgment irreconcilable with local judgment, 7.22 foreign judgment irreconcilable with prior foreign judgment, 7.23 fraud, judgment obtained by, 7.15 irregularity in service, effect, 7.20 issue estoppel, as foundation for, 7.25 public policy, 7.13 – 7.16 recognition and consequences of recognition, 7.24 refusal of recognition for jurisdictional reasons, 7.10 refusal of recognition for non-jurisdictional reasons, 7.12 Recognition of foreign judgments: Brussels I Regulation 1215/2012, 7.42 enforcement procedure, 7.39 w grounds for recognition or non-recognition of judgments, 7.37 judgments obtained in breach of agreement to arbitrate, 7.38 meaning of ‘judgment’, 7.36 miscellaneous points, 7.41 refusal of enforcement, 7.40 see also Brussels I Regulation 1215/2012 Res judicata , recognition and enforcement of foreign judgments at common law complaints which do not amount to defences, 7.65 defences to recognition other than lack of jurisdiction, 7.64 estoppel, practical effect of, 7.81 issue estoppel, 7.82 recognition as res judicata , 7.64 Residual jurisdiction, Regulation 1215/2012 defendant domiciled in non-Member State, 2.248 – 2.251 Restitution service out of jurisdiction, ground for permission, 4.81 Revenue laws and matters common law jurisdictional rules, 4.10 material scope, Regulation 1215/2012 and, 2.29 recognition and enforcement of foreign judgments, common law, 7.77 Rome I Regulation arbitration agreements, 8.08 Sale of goods contracts defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.174 Salvage claims defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.222 San Marino status, 2.26 Scope of Brussels I Regulation, 2.23 , 2.24 arbitration, in relation to, 2.42 – 2.44 bankruptcy, 2.40 capacity of persons, 2.39 civil and commercial matters, 2.31 – 2.37 excluded matters, 2.30 , 2.38 – 2.42 geographical scope, 2.26 international scope, 2.28 judicial arrangements, 2.40 material scope, 2.29 personal scope, 2.27 private parties, proceedings brought against, civil or commercial proceedings, 2.31 , 2.32 property rights arising out of matrimonial relationship, wills and successions, 2.39 public authorities, proceedings brought against, 2.33 social security, 2.41 status of persons, 2.39 temporal scope, 2.25 winding up, 2.40 Scotland companies, service on, 5.15 – 5.16 recognition and enforcement of foreign judgments, 7.94 Search orders interim remedies, 6.04 Seisin for purposes of Regulation 1215/2012 civil and commercial matters, interim relief, 6.13 court ceasing to be seised, 2.272 court seised first in another part of UK, 2.280 ourt seised second believing it has exclusive jurisdiction, 2.274 , 2.275 , 2.276 court seised second believing it has jurisdiction, 2.273 date on which court seised, 2.268 – 2.270 , 2.286 duty of court seised first, 2.264 , 2.277 , 2.279 duty of court seised second, 2.263 forms of relief of court seised second, 2.284 see also lis alibi pendens Service of process effect of irregularity in, 7.20 ‘service of suit’ clause choice of court agreements, 4.45 see also Service out of jurisdiction; Service within jurisdiction Service out of jurisdiction arguments on the point of jurisdiction, 5.25 common law rules, 4.04 , 4.56 – 4.94 discretion to authorise, 4.87 disputing jurisdiction, 4.94 England as proper place in which to bring claim, 4.87 – 4.91 grounds for permission (CPR rule 6.36), 4.60 – 4.86 merits of claims, 4.93 outside Member States, 5.21 position of the claimant, 4.59 position of the defendant, 4.58 power to authorise (CPR rule 6.36), 4.60 ‘proper place’ or ‘most appropriate forum’, 4.92 standard of proof, 4.86 uncertainty as to need for permission, 5.20 with permission of court, 4.57 – 4.94 within territory of Member State, 5.22 without permission of court, 4.56 , 5.19 , 5.20 Service within jurisdiction, 5.02 agent, by, 5.03 , 5.14 Civil Procedure Rules, 5.02 common law rules, 4.03 , 4.13 – 4.16 companies, on, 5.03 , 5.14 – 5.17 contractually agreed method, by, 5.13 Document Exchange, by, 5.03 , 5.08 electronic methods, by, 5.03 , 5.10 fax, by, 5.03 , 5.09 first class post, by, 5.03 , 5.07 last known residence, at, 5.11 leaving at specified place, by, 5.11 methods, 5.03 – 5.18 next-day delivery service, by, 5.08 partnerships, on, 5.18 period of validity for service, 5.04 personal service, by, 5.03 , 5.05 place of service in England, 5.06 , 5.11 , 5.12 staying proceedings (choice of court agreement), 4.41 – 4.55 staying proceedings (no choice of court agreement), 4.17 – 4.40 staying proceedings, 4.13 – 4.55 substituted service, 5.12 Service of claim forms where the permission of the court is required (CPR rule 6.36), 4.60 administration of estates, 4.78 admiralty claims, 4.84 arbitral award, enforcement, 4.75 constructive trusteeship, 4.80 contracts, as to, 4.68 – 4.70 discretion to authorise, 4.87 enforcement of judgments, 4.75 English domiciled defendant, 4.63 ‘good arguable case’ test, 4.86 ‘heads’ of jurisdiction, 4.60 – 4.62 injunctions, 4.64 Inland Revenue claims, 4.82 interim remedies, 4.67 necessary or proper party, 4.65 non-party costs orders, 4.83 Part 20 claims, 4.66 probate claims, 4.79 property within jurisdiction, 4.76 restitution, 4.81 standard of proof, 4.86 tort claims, 4.71 – 4.74 trusts, 4.77 under specific enactments, 4.85 Services contracts for supply of, special jurisdiction over defendant, Regulation 1215/2012, 2.175 , 2.176 Settlors, defendant domiciled in other Member State, Regulation 1215/2012 special jurisdiction, 2.218 , 2.219 ‘Single forum’ cases, 5.47 Small claims arbitration proceedings, 8.28 consumer contracts, 2.111 European Small Claims Procedure, 2.52 , 2.111 Social security Brussels I Regulation and, 2.29 , 2.41 Sources of law relating to Regulation 1215/2012, 1.14 academic, 1.18 authority of decided cases, 1.17 Brussels and Lugano Conventions, Official Commentaries, 1.15 Court of Justice, references to for preliminary ruling, 1.16 , 2.03 primary sources of law, impact of, 1.04 – 1.13 secondary sources of law, impact of, 1.14 – 1.18 Sovereign immunity common law rules, 4.11 recognition of foreign judgments, 7.95 Spain EC membership, effect, 1.08 Special jurisdiction, see Defendant domiciled in another Member State, special jurisdiction over Standard of proof establishing jurisdiction under Regulation 1215/2012, 2.126 service out of jurisdiction, grounds for giving permission, 4.86 Status of persons Brussels I Regulation and, 2.29 , 2.39 Stay of proceedings admiralty proceedings, 8.15 appropriateness (where no choice of court agreement), 4.25 – 4.28 arbitration, 4.55 , 8.13 – 8.15 , 8.35 fair trial, right to, 1.21 interim remedies, 6.18 legislative limitations on general power to stay, 4.14 Spilada test, 4.17 – 4.40 where choice of court agreement exists, 4.41 – 4.55 where no choice of court agreement, 4.17 – 4.40 Submission to jurisdiction, recognition of foreign judgments, 7.51 implied agreement, 7.59 other steps taken, 7.56 prior agreement, by, 7.57 voluntary appearance, by, 7.52 Substituted service (service by alternative means) service within jurisdiction, 5.12 Succession Brussels I Regulation and, 2.29 , 2.39 Sweden EU membership, effect, 1.09 Switzerland Lugano II Convention, 3.01 , 3.19 , 7.42 , 7.43 service of claim form in, 5.21 see also Lugano Convention Tenancies of immovable property, exclusive jurisdiction, Regulation 1215/2012, 2.55 non-Member State, in, 2.63 proceedings having as object, 2.59 proceedings in which Article 24(1) arises from defence, 2.60 short private lettings, 2.61 UK, in, 2.62 Third party proceedings defendant domiciled in other Member State, special jurisdiction, Regulation 1215/2012, 2.233 – 2.239 orders made in relation to judgments, 2.79 removal of third party defendant from courts of domicile, 2.236 types of proceedings, 2.237 Threatened torts defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.209 Title to foreign land common law rules of jurisdiction, 4.06 Tort, claims in common law rules of jurisdiction, ground for service out, 4.71 – 4.74 concurrent causes of action, Regulation 1215/2012, 2.192 contractual defences, Regulation 1215/2012, 2.195 defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.186 , 2.187 , 2.195 equitable obligations, Regulation 1215/2012, 2.196 obligations based on duty of care, Regulation 1215/2012, 2.193 pre-contractual liability and, Regulation 1215/2012, 2.191 product liability, Regulation 1215/2012, 2.198 Rome II Regulation, relationship with, 2.190 service out of jurisdiction, grounds for permission, 4.71 – 4.74 unjust enrichment, Regulation 1215/2012, 2.197 Trust instruments choice of court agreements, Regulation 1215/2012, 2.147 Trustees, trust domiciled in other Member State, special jurisdiction over, Regulation 1215/2012, 2.218 , 2.219 Trusts domiciled in UK, Regulation 1215/2012, 2.158 , 2.220 nature of proceedings, Regulation 1215/2012, 2.221 service out of jurisdiction, ground for permission, 4.77 Unconscionable conduct anti-suit injunctions, 5.40 Uncontested claims, certified by EEO, 7.31 EEO certification procedure, 7.32 enforcement and challenges to enforcement of EEO-certified judgment, 7.34 issue of and objection to EEO certificate, 7.33 United Kingdom allocation of jurisdiction within, 2.312 companies with seat in, exclusive jurisdiction, Regulation 1215/2012, 2.69 EC membership, effect, 1.06 ECHR given force of law in, 1.20 immovable property in, exclusive jurisdiction, 2.62 intellectual property rights, deposit or registration, exclusive jurisdiction, 2.76 Unjust enrichment defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.172 , 2.197 Vexatious foreign proceedings, 5.40 injunctions to restrain commission of equitable wrongs, 5.43 suing in foreign court, 5.41 undermining jurisdiction of English court, 5.42 wrongfully undermining English judgment, 5.44 Void contracts defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.170 Voidable contracts defendant domiciled in another Member State, special jurisdiction, Regulation 1215/2012, 2.170 voidability or rescission of contracts, jurisdiction agreement enforceable despite, 4.48 Warsaw Convention stay of proceedings, legislative limitations, 4.14 Wills Regulation 1215/2012 and, 2.29 , 2.39 Winding up Regulation 1215/2012 and, 2.29 , 2.40 Wrongful litigation assessment of loss, 5.56 before a court in another member state, 5.56 breach of jurisdiction agreements, 5.54 , 5.55 causes of action for compensation, 5.53 damages for a breach of a jurisdictional agreement, 5.54 – 5.59 disentangling the twin functions of a jurisdictional agreement, 5.57 otherwise that because breach of contract, 5.59 undermining of agreement on choice of law, 5.58

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