jurisdiction

The jurisdiction of a court is the territory over which a court has power to make and enforce orders. When it is used in this sense, it is a geographical area.  The jurisdiction of English Courts is England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales.

The word is used in another sense to indicate whether or not a court has power to adjudicate a dispute. If the court is competent to hear a dispute, it is said to have jurisdiction. Jurisdiction may be disputed on the basis of the nature or characteristics of the parties to the litigation or the characteristics of the dispute before it.

Whether or not a court has power to hear international disputes, parties may bring a challenge as to whether the court does have power hear and determine dispute. For example, if the dispute has no nexus with England or Wales, an English court is likely to decline to hear the matter, as the dispute and associated litigation has no business before English court.  Some other court would be a more appropriate forum for the parties to resolve and determine their disputes.

Also, it may be that a claimant is not recognised by English Courts as having say, locus standi, or capacity to sue (such as a minor), or a defendant enjoys immunity from suit (such as a diplomat).

English courts will have jurisdiction against foreign defendants (whether a company or individual) where:

1. the defendant submits to the jurisdiction;
2. the defendant is in the jurisdiction, even on a transitory basis, and they are properly served in accordance with the Civil Procedure Rules. The court may decide at a later date that English courts and the lex situs is forum non conveniens;
3. a rule of law permits the claimant to serve the defendant out of the jurisdiction. For commencement of proceedings in most countries (the notable exception is members of the European Union) is subject to the discretion of the court. The court will consider whether England is the most appropriate forum for a trial on the issues to be litigated (a forum conveniens).

These rules are generally relied upon when no treaty or convention exists to serve proceedings out of the jurisdiction.

Usage: A supplier from France to the UK market submitted to the exclusive jurisdiction of the courts of England on the basis of its contracts entered into with UK companies.

Related Words: exorbitant jurisdiction; locus standi; personal service; international law; proper law of the contract; lex situs; recognition of foreign judgments; in personam; in rem; forum non conveniens; lex fori; lex causae; lex domicilii; contract; law of the contract; final and conclusive judgment; lex contractus; litigation; anti suit injunction; lex solutionis.