ABSTRACT
This chapter considers jurisdiction. It explains why jurisdiction is an important issue, identifies the four sources of rules which the English courts apply when deciding whether they have jurisdiction, and then outlines the rules themselves. The chapter presents applicable law. It focuses on the Brussels Regulation. The Brussels Regulation uses the expressions policyholder, insured and beneficiary. The official reports on the Brussels and Lugano Conventions indicate that the policyholder is the person who originally took out the insurance. The common law doctrine of forum conveniens involves a high degree of judicial discretion. The Regulation's rules on concurrent proceedings are less flexible. The English courts allow English proceedings to be started if the defendant is present in England. One of the factors which the English court takes into account in weighing up whether it is the appropriate forum is whether the parties have agreed to a jurisdiction clause.
