ABSTRACT

The jurisdiction of the English courts to entertain civil proceedings is now governed primarily by EU Regulation 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, which will be referred to as the revised Brussels I Regulation. The principal connecting factor used by revised Brussels I Regulation is the defendant's domicile at the institution of the proceedings. The rule conferring jurisdiction over an English defendant on the English courts is subject to very limited exceptions. It applies even if the dispute has no other connection with England. The Brussels I Regulation recognises the desirability, in the interests of the sound administration of justice and of reducing the risk of conflicting judgments, for related disputes to be decided together in a single proceeding. The Brussels I Regulation applies to English proceedings seeking the court's sanction of a scheme of arrangement under the Companies Act 2006, whether the scheme company is solvent or insolvent.