jurisdiction

Geographical Jurisdiction

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

Adjudication

The term is used in another sense to indicate whether or not a court has power to adjudicate a dispute. The Senior Courts Act 1981 (formerly the Supreme Court Act 1981, renamed by the Constitutional Reform Act 2005) defines "jurisdiction" as "including powers". If a 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.

Parties may challenge a Court's authority (ie jurisdiction) to 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 (where a Convention such as the Judgments Regulation does not give the Court power to do so), as the dispute and associated litigation has no business before English courts. 

International Jurisdiction of English Courts

The extraterritorial jurisdiction (or exorbitant) of English Courts in civil disputes is fixed by CPR 6BPD 3.1; where the claim (or any part of it) does not satisfy the requirements of one of the gateways provided to the High Court to exercise the exorbitant (or international) jurisdiction of the Court as set out in CPR 6BPD 3.1, English Courts do not have power to exercise its jurisdiction in relation to the dispute. It is not relevant whether some other Court would be a more appropriate forum for the parties to resolve and decide their disputes.

Foreign Defendants

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

1. The foreign defendant submits to the jurisdiction of English Courts;
2. A 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 and stay the proceedings;
3. A rule of law permits the claimant to serve the defendant out of the jurisdiction. treaties or conventions have been ratified by the UK which gives jurisdiction to English Courts by the Administration of Justice Act 1920, Foreign Judgments (Reciprocal Enforcement) Act 1933, Civil Jurisdiction and Judgments Act 1982, Judgments Regulation (ie Council Regulation (EC) No 44/2001 of 2000) and Lugano Convention to exercise its jurisdiction abroad.
4. Where no treaty or convention exists with the country or territory in question, the claimant must rely on the common law jurisdiction of the English Courts, which relies entirely on the ability of the Court to authorise service of the claim form on the defendant. This power is regulated in practice by CPT 6BPD. The Court will consider whether England is the most appropriate forum for a trial on the issues to be litigated (a forum conveniens).

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).