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Jurisdiction(s):
United Kingdom
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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...

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Lugano Convention 2007: choice of court agreements (Art 23) and entering an appearance (Art 24)—formalities, exceptions for weaker parties, trusts, and UK post‑Brexit implications [Archived]

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ARCHIVED : This Practice Note has been archived and is not maintained.

This Practice Note reviews the general provisions of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Lugano on 30 October 2007 (the Lugano Convention 2007). It examines the consequences of a jurisdiction Agreement under Article 23, and then outlines the conditions for a valid jurisdiction agreement under Article 23. It then specifically addresses the requirement for the agreement to be in writing or evidenced in writing, together with situations where the jurisdiction agreement is in a form that aligns with the parties’ established practices, or is in a form that accords with a widely recognised usage. The Practice Note considers exclusive and non-exclusive jurisdiction agreements, and what parties must establish when seeking to rely on a jurisdiction agreement. Protections for weaker parties in insurance, employment and consumer contracts are also examined, along with the position when dealing with trusts, and the position under Article 24 where a defendant enters an Appearance before a Member State court...

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Liz Williams
Liz Williams

CMS

Liz has more than ten years' experience as a PSL and ten years' fee-earning experience in insurance litigation and general commercial litigation and arbitration. Her specialties are: Knowledge management, training, strategy, business development, client development, and legal writing. ...

Guy Pendell
Guy Pendell

CMS

Guy is the head of disputes in the UK for the global firm, CMS. He has over 25 years’ experience in International Arbitration and Litigation. His main areas of expertise include corporate and commercial disputes in (among others) the TMT, Life Sciences, Hotels & Leisure and Consumer Products sections. Guy is also the co-founder of the lawtech start-up, pinqDR.com, the first in the UK offering a complete online solution for the resolution of mid to lower value B2B disputes, providing parties with a binding decision in 8 weeks.  He is a well known figure in the UK arbitration market, is the Chair of ICC UK’s Arbitration and ADR Committee, a founder and honorary vice-president of International Arbitration Charity Ball, a trustee of RCJ Advice and a member of the Bingham Centre Development Board....

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