Jurisdiction and Conflict of Laws within the UK Flashcards
(8 cards)
Under the Civil Jurisdiction and Judgments Act 1982, where must proceedings relating to real property be brought?
A. Where the claimant resides
B. Where the contract was made
C. Where the defendant is domiciled
D. Where the property is situated
D. Where the property is situated
Explanation: Real property disputes have exclusive jurisdiction in the part of the UK where the property is located, as per Schedule 4, Rule 11.
A defendant submits to the jurisdiction of a court by filing a defence. What is the consequence?
A. The defence must be struck out
B. The claim must be reissued
C. The court gains jurisdiction
D. The matter must be transferred to the High Court
C. The court gains jurisdiction
Explanation: Filing a defence amounts to submission to jurisdiction under Schedule 4, Rule 13, unless an exclusive jurisdiction rule overrides.
Alex (domiciled in Northern Ireland) is being sued for a tort committed in Cardiff. The claimant lives in Scotland. In which UK jurisdiction can Alex be sued?
A. England and Wales only
B. Northern Ireland only
C. Scotland only
D. England and Wales or Northern Ireland
A. England and Wales only
Explanation: For tort claims, jurisdiction may lie where the harmful event occurred, which is in Cardiff, within the jurisdiction of England and Wales (Schedule 4, Rule 3).
A London-based company enters a supply contract with a company domiciled in Scotland. The contract is silent on jurisdiction, but goods are to be delivered in Manchester. Where can proceedings be brought?
A. Scotland only
B. England and Wales only
C. Either Scotland or Northern Ireland
D. Either England and Wales or Scotland
D. Either England and Wales or Scotland
Explanation: The defendant can be sued where domiciled (Scotland) or where the contract is to be performed (England and Wales – delivery in Manchester).
Under the Civil Jurisdiction and Judgments Act 1982, what determines a company’s domicile?
A. Where it makes most of its sales
B. Where its CEO resides
C. Where it holds most assets
D. Where it has its registered office or was incorporated
D. Where it has its registered office or was incorporated
Explanation: A company is domiciled in the part of the UK where it has its registered office or, if none, where it was incorporated (Section 42 and 42A).
A Scottish court hears a dispute over a lease for land located in Wales. The defendant argues that Scotland has no jurisdiction. Is the defendant correct?
A. No, any part of the UK may hear it
B. Yes, only English/Welsh courts have jurisdiction
C. No, jurisdiction clauses override this
D. Yes, but only if the lease is under 6 months
B. Yes, only English/Welsh courts have jurisdiction
Explanation: Real property disputes are subject to exclusive jurisdiction where the land is situated — in this case, Wales.
A contract dispute arises between parties domiciled in different parts of the UK. The contract includes a jurisdiction clause in favour of Northern Ireland. The claim is filed in Scotland. What is likely to happen?
A. The Scottish court will stay the proceedings
B. The clause is not binding
C. The Scottish court must transfer the claim to England
D. The claimant can choose any UK court
A. The Scottish court will stay the proceedings
Explanation: A jurisdiction agreement in favour of Northern Ireland will usually be upheld, meaning other courts should decline jurisdiction.
Under Schedule 4 of the Civil Jurisdiction and Judgments Act 1982, in which situation can a claimant sue a defendant not domiciled in that part of the UK?
A. Where the claimant resides
B. Where the contract was signed
C. Where the claimant has a strong connection
D. Where one of multiple defendants is domiciled and the claims are closely connected
D. Where one of multiple defendants is domiciled and the claims are closely connected
Explanation: Under Schedule 4, a defendant can be sued outside their domicile if they are one of multiple defendants and the claims are so closely connected that it is expedient to hear and determine them together.
