ENGLAND & WALES Law and Practice Contributed by: Damian Taylor, Olga Ladrowska, Lawal Ijaodola and Eleanor Higginson, Slaughter and May
the courts apply either the common law rules or the rules set out in the Hague Convention on Choice of Court Agreements 2005. Under the Recast Brussels Regulation, the court generally has jurisdiction over defendants domi- ciled in England and Wales. The court also has jurisdiction in circumstances where there is an exclusive jurisdiction agreement in favour of England and Wales, or if a close connection can be demonstrated between the defendant or the dispute and England and Wales. Under the common law rules, the court has juris- diction if: • the claim form is validly served on the defendant whilst it is physically present in England and Wales; • the defendant voluntarily submits to the juris- diction of the courts of England and Wales; • the defendant is served outside the juris- diction and falls within one of the specific situations where the court’s permission is not required (eg, the claim relates to a contract containing a jurisdiction clause in favour of the courts of England and Wales); or • the court gives permission for service out of the jurisdiction under one of the jurisdictional “gateways” specified in the Civil Procedure Rules, which usually necessitates evidencing a connection between the defendant or the dispute and England and Wales, and satisfy- ing the court that England and Wales is the appropriate forum for the claim. Under the common law rules, the court has discretion to refuse to exercise its jurisdiction if it considers there is another more appropriate forum for the dispute to be heard.
In addition, the UK is a party to the Hague Con- vention on Choice of Court Agreements 2005, which requires contracting states to give effect to exclusive jurisdiction agreements designating the courts of other contracting states, and to recognise and enforce any resulting judgments. 3.4 Initial Complaint Court proceedings are commenced when the court issues a claim form at the claimant’s request. The claim form typically includes the names and addresses of the litigants, a concise statement of the nature of the claim, and the remedy sought by the claimant. More detailed particulars of claim may be con- tained in the claim form or set out in a separate document. A court fee is also payable to issue proceedings, the amount of which depends on the value of the claim. The claim form/particulars of claim may be amended at any time before they are served on any other party. After service takes place, the documents can be amended only with the writ- ten consent of all the other litigants or the per- mission of the court. 3.5 Rules of Service The Civil Procedure Rules set out the rules of service in England and Wales. The defendant is formally notified of proceedings by the claim form and particulars of claim being served on it. The claim form must be served on a defendant in England and Wales within four months of its issuance. Particulars of claim should be served with the claim form or 14 days after service of the claim form. The claimant may apply to the court for an order to extend the timeframe for the service of the claim form. A claim form can be served by either the court or the claimant, either personally on the defendant, through the
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