Jurisdiction(s):
United Kingdom

Key definition

Jurisdiction definition

What does Jurisdiction mean? Jurisdiction, in legal practice, describes a court’s power to hear and determine a dispute and the limits of that power, both by subject matter and by the territory over which the court’s authority extends. It encompasses personal jurisdiction over the parties (often based on service, presence, domicile or consent, including exclusive jurisdiction clauses) and the court’s territorial and subject‑matter competence. The term is descriptive rather than fixed by a single definition; its scope is set by statute, rules of court, international instruments and case law (for example, the Senior Courts Act 1981, the Civil Jurisdiction and Judgments...

England and Wales: Brussels I (recast) Article 30 on Related Proceedings—Definition, Discretionary Stays, First-Seised, Third State and Brexit Transition

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Practice notes

E&W Brussels I (recast)—related proceedings (art 30) [Archived]

ARCHIVED: This Practice Note is archived and not maintained.

It reviews the position where related proceedings are commenced in different jurisdictions within the EU, and the manner in which the courts of EU Member States will handle such situations.

Related proceedings are those in which multiple actions are so closely connected that it is expedient to hear and determine them together, so as to avoid the risk of irreconcilable judgments that might arise if separate proceedings were pursued.

The Note sets out the meaning of ‘related proceedings’ as contained in Article 30 of Regulation (EU) 1215/2012, Brussels I (recast), and considers the range of issues a court may take into account when exercising its discretion to stay proceedings.

Another variety of multiple proceedings is ‘parallel proceedings’ or ‘lis pendens’, which are addressed in Article 29 of Regulation (EU) 1215/2012, Brussels I (recast).

For guidance on:

parallel proceedings, see Practice Notes: E&W Brussels I (recast)—parallel proceedings (art 29) [Archived] and E&W Brussels I (recast)—the exception to the lis pendens rule (art 31(2)) [Archived].
determining when a court is seised of proceedings, see Practice Note: E&W Brussels I (recast)—when is a court seised?

...

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