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...

Family jurisdiction in England and Wales: statutory bases, High Court’s residual inherent jurisdiction over children, and post‑Brexit transitional rules and Hague conventions

Published by a LexisNexis Family expert

Practice notes

This Practice Note

This Practice Note explains the foundations of the courts’ jurisdiction in family proceedings, and the limited situations where a matter may proceed under the court’s inherent jurisdiction rather than under statute. That inherent power is predominantly engaged in children proceedings and in cases before the High Court. The consequences of brexit, including any transitional arrangements, are also addressed.

At 11pm (GMT) on 31 December 2020—the conclusion of the transition/implementation period following the UK’s withdrawal from the EU (known in UK law as ‘IP completion day’)—key transitional measures ended and substantial changes took effect across the UK’s legal framework. This has ramifications for practitioners identifying which courts have jurisdiction to resolve a dispute.

For guidance, see also Transitional provisions and Practice Note: Family proceedings with EU connections—toolkit.
After IP completion day, the EU instruments that previously governed jurisdiction no longer apply, subject to transitional provisions (see below)...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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