ABSTRACT
It is now necessary to consider the traditional or common law rules1 that determine the jurisdiction of the High Court. As indicated earlier, the English courts adopted an ‘open forum’ policy; they were not preoccupied with any theory of jurisdiction and all disputes as to jurisdiction tended to be regarded as procedural in nature. There can be little doubt that, in the 19th century, there was an assumption that the justice available in the king’s courts was superior to that in less fortunate lands; indeed, sometimes judges were not slow to say so.2 Today, the emphasis is upon co-operation with courts of other jurisdictions. In examining the traditional rules, it is necessary to pay regard to three aspects of the problem: (a) jurisdiction founded upon presence; (b) submission to the jurisdiction; and (c) the extended jurisdiction of the High Court arising under RSC Ord 11.
