Determining court jurisdiction

This Overview provides a summary of different mechanisms by which the courts of England and Wales may determine that they have jurisdiction.

Note: which courts have jurisdiction to determine a dispute is only one consideration when dealing with a cross border dispute. For an insight into the different issues that need to be considered, see: Cross border considerations—checklist.

Determining jurisdiction—international convention

The courts may determine jurisdiction by application of an international convention. The most general one is the Convention on Choice of Court Agreements (the 2005 Hague Convention) which was concluded on 30 June 2005 and came into force for the UK by virtue of its membership of the EU on 1 October 2015. Following the UK’s departure from the EU, the convention came into force for the UK in its own right on 1 January 2021. For guidance, see Practice Note: Tracker—Hague Convention on Choice of Courts Agreements.

The 2005 Hague Convention only applies to civil and commercial matters where the parties have entered into an exclusive choice of court agreement which falls within the definition set out in the convention. There are a number of

To view the latest version of this document and thousands of others like it, sign-in with ��Ӱ�� or register for a free trial.

TAKE A FREE TRIAL

Latest Dispute Resolution News

Minutes of the CPR Committee meeting—1 November 2024

The minutes of the CPR Committee (CPRC) meeting of 1 November 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including the Law Commission consultation on the law of contempt, Closed Material Procedure, Strategic Litigation Against Public Participation, the Digital Markets, Competition and Consumers Act 2024, the outcome of the Workplace Claims consultation and costs budgeting light.

Online Procedure Rule Committee minutes—2024 in review

The Online Procedure Rule Committee (OPRC), established under the Judicial Review and Courts Act 2022 (JRACA 2022), creates rules governing the practice and procedure for specific types of online court and tribunal proceedings across the Civil, Family and Tribunal jurisdictions (CFT). The OPRC holds regular meetings, for which the minutes are published. This News Analysis summarises the key developments in 2024 and looks forward to potential future developments.

Dispute Resolution weekly highlights—19 December 2024

This week's edition of Dispute Resolution weekly highlights includes the Online Procedure Rule Committee’s minutes for 2024, the Minutes of the Civil Procedure Rule Committee of 1 November 2024 and the Court of Appeal decision in Bangs v FM Conway Ltd (relief from sanctions); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

MoJ publishes results from the Legal Problem and Resolution Survey 2023

The Ministry of Justice (MoJ) has published the results of the Legal Problem and Resolution Survey 2023, a comprehensive study involving 10,323 adults in England and Wales. The survey provides insights into the prevalence and nature of civil, administrative and family legal problems experienced by adults. It examines problem characteristics, outcomes, and the demographics of those affected. Additionally, the findings cover perceptions of online services and video-hearings in legal contexts. This data offers information for legal practitioners and policymakers on current trends in legal problem-solving and access to justice in England and Wales.

View Dispute Resolution by content type :

News

Practice notes

Precedents

Q&As

��Ӱ��