Jurisdiction(s):
United Kingdom

Key definition

Appearance definition

What does Appearance mean? An appearance (often called an appearance to a warning) is the caveator’s formal response to a warning in a probate caveat. It is a notice filed at the nominated Probate Registry stating the caveator’s contrary interest and an address for service. Entering an appearance keeps the caveat in force and prevents issue of a grant of representation (grant of probate or letters of administration) until the dispute is resolved, withdrawn, or the court directs otherwise. If the caveator does not enter an appearance within the period stated in the warning (in England and Wales usually 14...

Brussels I (Reg 44/2001): Defendant's appearance and submission to jurisdiction; non-appearance and stays (Arts 24 and 26) - scope, tests and practical considerations [Archived]

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Practice notes

ARCHIVED : This Practice Note has been archived and is not maintained.

This Practice Note outlines the provisions in Article 24 of Regulation (EC) 44/2001, Brussels I concerning submission to the court’s Jurisdiction. It examines the degree to which submission may occur and the constraints on the operation of Article 24 of Regulation (EC) 44/2001, Brussels I. It also examines the circumstances in which there is no submission to jurisdiction, as set out in Article 26 of Regulation (EC) 44/2001, Brussels I.

Where a Defendant fails to enter an Appearance, the court may stay the proceedings. That scenario is assessed together with the practical considerations that arise when deciding whether to order a stay on the basis that the defendant lacked adequate information to enter an appearance. The prerequisites for the Application of these two articles are discussed, with particular emphasis on what amounts to an appearance. Applications for extensions of time to contest the court’s jurisdiction are also addressed.

Note : since 10 January 2015 Brussels I has been repealed in full and replaced by Brussels I (recast). However, transitional measures have been implemented...

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Web page updated on 21/05/2026

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