Jurisdiction(s):
United Kingdom

Related legal acts

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...

Schemes of arrangement in England and Wales: jurisdiction, sufficient connection and recognition—COMI transfers, governing law amendments, statutory basis and key cases, with pre- and post-Brexit EU law considerations

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Read this PrACTice Note alongside Practice Note: Schemes of arrangement—convening hearing and Sanction hearing, bearing in mind the distinct function assumed by the court when assessing Jurisdiction at each stage.

Jurisdiction—England and Wales—statutory provisions

The Companies List within the Business and Property Courts of England and Wales derives authority to approve a scheme of arrangement from Part 26 of the Companies Act 2006 (CA 2006) and the Insolvency Act 1986 (IA 1986).

Under CA 2006, s 895(1), the procedure in Pt 26 applies to schemes proposed between a company and:

its creditors, or any class of them; or
its members, or any class of them

CA 2006, s 895(2) provides that the term ‘company’ includes:

a company within the meaning of CA 2006; and
any company liable to be wound up under IA 1986

IA 1986, s 221 confirms that any unregistered company—defined by IA 1986, s 220(1) as including any company or association not registered anywhere in the UK under CA 2006—may be wound up under IA 1986. In the seminal authority, Re Rodenstock...

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Web page updated on 21/05/2026

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