Jurisdiction Based on Subject-Matter Connection with England
Michael F. James
Abstract
Michael F. James
Abstract
Abstract The jurisdiction of the English courts can often be based on a connection between the subject-matter of a case and England. Thus, the English courts (probably)have jurisdiction over a claim by an English consumer against a supplier domiciled in a Member State of the EU in respect of an internet purchase made on a website accessed in England. Numerous other types of connection will suffice, as set out below by reference to different categories of case. If the defendant is domiciled in an EU Member Stateor Lugano State, the Judgments Regulation or other similar European instrument will generally determine what connection is required to give the English courts jurisdiction.
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Abstract The jurisdiction of the English courts can often be based on a connection between the subject-matter of a case and England. Thus, the English courts (probably)have jurisdiction over a claim by an English consumer against a supplier domiciled in a Member State of the EU in respect of an internet purchase made on a website accessed in England. Numerous other types of connection will suffice, as set out below by reference to different categories of case. If the defendant is domiciled in an EU Member Stateor Lugano State, the Judgments Regulation or other similar European instrument will generally determine what connection is required to give the English courts jurisdiction.
Key concepts: Jurisdiction, Connection (principal bundle), English law, Subject (documents), Subject matter, Member state, State (computer science), Subject-matter jurisdiction