ABSTRACT
This chapter examines the importance of article 5(3) special jurisdiction for tort. The special jurisdiction under article 5(3) also operates by way of derogation from the general primary rule laid down in the first paragraph of article 2 of the Convention that the courts of the State where the defendant is domiciled are to have jurisdiction. Essentially, the effect of article 5(3) of the Brussels Convention 1968, is to confer jurisdiction upon the English courts predicated on a tort or a non-contractual liability, if the defendant is domiciled in another Contracting State, or in another part of the United Kingdom, and the ‘harmful event’ is determined as transpiring in England. A central focus herein will be to consider the art. 5(3) principles in relation to defamation vividly highlighted by an examination of the recent European Court of Justice decision in Shevill v Presse Alliance, which is of fundamental significance to commercial enterprises throughout the European Union.
