22 May 2017
Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.
The importance of jurisdiction
The location of the court which determines a dispute can make a great deal of difference. At the very least it may be inconvenient to instruct lawyers in an unfamiliar jurisdiction and for you and all of your witnesses to attend trial in another country. Parties may also be concerned about the time it will take a court to make a decision, the likely costs of litigating in a particular jurisdiction (including whether or not those costs are recoverable), whether the procedural rules will end up favouring one party over another (for example, what are the rules on disclosing documents?) or the ease with which a judgment from a particular court can be enforced in other jurisdictions. In addition, the remedies available in one jurisdiction may be unavailable in another which could include the level and type of damages you may be awarded. In extreme cases parties may even be concerned about corruption or the quality of judicial decision making.
It is therefore worthwhile knowing what options are open to you if a claim is commenced against you in the “wrong” jurisdiction, and better still, what you can do to avoid this happening in the first place.You can read the full in-brief by clicking 'download files' below.