ABSTRACT

Now in a fully updated seventh edition, this book remains an established treatise in the field of civil jurisdiction and judgments. It aims to make a full and complete statement of English law on civil jurisdiction and the effect of foreign judgments against the backdrop of significant uncertainty about the consequence of Brexit on the law of civil jurisdiction and judgments. The book looks in detail at:

  • the law after the Brussels Regulation has ceased to operate as part of English law;
  • the substance of the Lugano Convention, which the government hopes to join;
  • the incorporation of the 2005 Hague Convention on Choice of Court Agreements into English law, and
  • developments in the common law rules of jurisdiction, injunctions, and foreign judgments.

This text aims to be an authoritative and comprehensive reference for all legal practitioners working in commercial law across jurisdictions as well as the judiciary.

part A|24 pages

The Law and This Book

chapter Chapter 1|10 pages

General

chapter Chapter 2|12 pages

Brexit and its effect on the law

part B|345 pages

Jurisdiction according to the Lugano/Brussels rules

chapter Chapter 3|14 pages

The Lugano Convention And Its Interpretation

chapter Chapter 4|13 pages

The jurisdictional structure of the Lugano Convention

chapter Chapter 5|31 pages

Material and other scope of the Lugano Convention

chapter Chapter 6|8 pages

Jurisdiction under another convention or instrument

chapter Chapter 7|30 pages

Exclusive jurisdiction, regardless of domicile

chapter Chapter 8|6 pages

Jurisdiction by entering an appearance

chapter Chapter 9|11 pages

Jurisdiction in matters relating to insurance

chapter Chapter 10|18 pages

Jurisdiction in matters relating to consumer contracts

chapter Chapter 12|38 pages

Jurisdiction agreements for a court in a Lugano State

chapter Chapter 17|4 pages

The court’s duty to examine its own jurisdiction

chapter Chapter 18|34 pages

Lis pendens in a Lugano State

chapter Chapter 19|16 pages

Jurisdictional connection to a non-Lugano State

part B / C|15 pages

Jurisdiction within the United Kingdom

chapter Chapter 20|13 pages

Jurisdiction within the United Kingdom

part C|178 pages

Common law and statutory jurisdiction

chapter Chapter 21|17 pages

Common law principles of jurisdiction

chapter Chapter 23|33 pages

Jurisdiction agreements

chapter Chapter 24|61 pages

Proceedings commenced by service out of the jurisdiction

part D|144 pages

Procedural matters relating to jurisdiction

chapter Chapter 26|17 pages

Service of process

chapter Chapter 27|21 pages

Disputing the jurisdiction of the English court

chapter Chapter 28|49 pages

Injunctions to restrain wrongful foreign litigation

chapter Chapter 29|14 pages

Damages for loss caused by wrongful litigation

chapter Chapter 30|5 pages

Declaratory judgment on merits of dispute

chapter Chapter 31|36 pages

Provisional and interim relief

part E|156 pages

Foreign judgments