Jurisdiction for EU insurance disputes under Brussels I (recast): suing insurers, direct actions, joinder, large risks, assignees, third‑state defendants, jurisdiction agreements, lis pendens, prorogation and weaker‑party protection
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Practice notes
This Practice Note assists with identifying which EU Member State’s courts have jurisdiction to hear an insurance dispute. It focuses on the changes introduced by Regulation (EU) 1215/2012, Brussels I (recast), as they apply to insurance, contained in Chapter II, Section 3, Articles 10–15. It reviews the default principle that proceedings should be brought in the defendant’s place of domicile, and the departures from that approach where the policyholder, treated as the weaker party, is involved. It also analyses the position where the parties contract on an equal footing. The Note further considers safeguards against unintended, tacit prorogation of jurisdiction, and evaluates how an agreed jurisdiction clause operates in the insurance context.
Special regime for insurance matters
The dedicated insurance rules in Brussels I (recast) are, for the most part, aligned with those previously found in Regulation (EC) 44/2001, Brussels I. Crucially, before turning to the insurance regime, the court will first determine whether the claim falls within the scope of the regulation at all, or is carved out from it...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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