Civil Jurisdiction and Judgments
Page 923
Index
Index
- Abuse of process
- Accessory jurisdiction and Lugano Convention
- Actio pauliana ,
- Actions in rem
- Administration of estates
- Administration of Justice Act 1920
- Admiralty action in rem
- Admiralty gateway to service out of the jurisdiction
- Agreements on jurisdiction under Lugano Convention –, , , ,
- anti-suit injunctions
- asymmetrical
- consumer contracts, restricted effect ,
- for courts of two Lugano States
- for courts of United Kingdom
- derived from other contractual terms
- disputing formal validity of
- disputing substantive validity of
- domicile requirements
- e-mail recording of agreement
- employment contracts, restricted effect ,
- formal requirements: general
- function and effect of ,
- incorporated from one document into another
- insurance relationships, restricted effect
- lis pendens , ,
- managing jurisdictional disputes arising from
- non-exclusive jurisdiction
- non-geographical designation of court
- non-Lugano courts: effect of 2005 Hague Convention , ,
- non-Lugano, non-Hague courts: effect , , , 19.09
- Regulation 1215/2012 , , , , , ,
- scope of agreement 2.21
- third parties: subrogation and assignment in national law
- third parties: succession and substitution
- in trust instruments
- UK, courts of the
- in writing or evidenced in writing see also Hague Convention 2005; Jurisdiction agreements at common law
- Airlines
- Montreal Convention and Lugano Convention
-
special jurisdiction: art 5 , ,Page 924
- Allocation of jurisdiction within UK see Internal UK jurisdiction
- Anti-suit injunctions , , , , , –,
- against enforcement of foreign judgment wrongly obtained
- against parties standing in shoes of party to jurisdiction agreement
- ancillary measures
- anti-anti-suit injunctions
- Australian approach
- Canadian approach
- case management as alternative to
- cause of action for injunctive relief
- clean hands requirement
- comity and public interest
- delay in application
- discretion: comity and public interest
- disobedience in face of
- enforcing legal right not to be sued in foreign court
- foreign judgment not wrongly obtained, to restrain enforcement
- foreign judgment wrongly obtained, to restrain enforcement
- gateway to service out of the jurisdiction to obtain injunction ,
- Hague Convention State, restraining party suing in
- interlocutory ,
- jurisdiction agreement as basis , , , , , , , , , , ,
- jurisdiction in personam over respondent: general principle
- Lugano Convention
- Lugano State, restraining party suing in , ,
- mutual trust and confidence , ,
- restraint of arbitration
- restrain of commission of equitable wrong
- submission to jurisdiction
- timing application for
- Anticipated torts
- Antitrust law see Competition law
- Anton Piller or search orders
- Appearance
- Applicable law
- Arbitration ,
- agreements , ,
- anti-suit injunctions , , , , ,
-
exclusion from Hague Choice of Court ConventionPage 925
- exclusion from Hague Judgments Convention
- exclusion from Lugano Convention , ,
- foreign judgments
- gateway to service out of the jurisdiction for enforcement of arbitral award
- interim remedies , ,
- Arrest Convention
- Asymmetric jurisdiction agreements , , , , , 37.07
- Australia , , ,
- Austria
- Authentic instruments
- Bad investment cases and special jurisdiction
- Bankruptcy and insolvency
- Belgium
- ‘Better of the argument’ test , , ,
- Branch, agency or other establishment
- Breach of confidence , , ,
- Brexit ,
- British Overseas Territories ,
- Brussels Convention , ,
- Brussels I Regulation (44/2001) , , , ,
- Brussels I Regulation ‘recast’ (1215/2012) , , , , , ,
- agreements on jurisdiction , , , , , ,
- anti-suit injunctions
- appearance conferring jurisdiction ,
- applicable
- arbitration , ,
- consumer contracts , , , , ,
- domicile for purpose of ,
- employment contracts , , , , ,
- insurance , ,
- interpretation of ,
- lis pendens in another Member State , , ,
- Lugano Convention and , ,
- Canada , ,
-
foreign judgments , , , , , ,Page 926
- registration of judgments under 1933 Act
-
- Case management
- Centre of gravity approach ,
- Channel Islands , , ,
- Choice of court agreements
- agreements on jurisdiction and Lugano Convention see separate entry
- asymmetric agreements , , , , , 37.07
- Hague Choice of Court Convention 2005 see separate entry
- interim remedies and ,
- jurisdiction agreements at common law see separate entry
- see also Anti-suit injunctions; Damages for loss caused by wrongful litigation
- Civil or commercial matters
- Civil partnerships
- Civil Procedure Rules
- Class actions, judgments or orders in
- Clean hands principle ,
- Co-defendants: domiciled in different Lugano States
- Collision Convention
- Comity , ,
- Common law and statutory jurisdiction of English court –
- absence of subject-matter jurisdiction –
- appearance to confer personal jurisdiction
- consequence of service within jurisdiction
- defamation claims
- foreign penal, revenue or public laws
- general
- immunity from jurisdiction of court ,
- jurisdiction agreements at common law see separate entry
- non-justiciability of issue
- patents, validity of foreign
- public international law
- service out of jurisdiction with permission , , –
- service out of jurisdiction without permission
- stay of proceedings brought in breach of jurisdiction agreement –
- stay of proceedings when court forum non conveniens –
- subject matter jurisdiction: meaning of
- title to foreign land and jurisdiction
- Companies
- branch or other establishment, special jurisdiction over ,
- directors as employees
- domicile of company for Lugano Convention –
-
exclusive jurisdiction in relation to –,Page 927
- foreign judgments and common law rules
- jurisdiction agreements
- office-holders , , ,
- scheme of arrangement
- service of process on , ,
- single controlling mind and foreign judgments
- see also Branch, agency or other establishment
- Companies with seat in Lugano State: exclusive jurisdiction –,
- Competition law
- Conciliation procedures and seisin, Lugano Convention
- Confidential information
- Constructive trustees, service out on
- Consumer contracts , –,
- Civil Jurisdiction and Judgments Act 1982 , , ,
- absence of contract
- agreements on jurisdiction in , ,
- categories of –
- definition of consumer contract , , , ,
- foreign judgments under Lugano Convention ,
- general scope and purpose of protective jurisdiction
- internet, contracts made over
- jurisdictional rules in Lugano Convention
- making contract as consumer
- making contract for mixed purposes
- parties to contract and litigation
- pre-contractual obligations, claims relating to
- prizes, claims relating to offers of
- professional counter-party
- Regulation 1215/2012 , , , , ,
- rescission and repayment claims
- small claims
- Contra proferentem rule of construction
- Contract: special jurisdiction under Lugano Convention –,
- autonomous definition of matter relating to a contract
- claims involving strangers to contract
- contractual and non-contractual claim in same proceedings
- disputing existence of contract
- obligation in question –
- tortious conduct by contracting parties ,
- undertakings freely entered into as contractual
- unilateral contracts
- unjust enrichment connected to contract
-
voidable contracts and ‘void’ agreementsPage 928
- Contracts
- Convention on the Contract for the International Carriage of Goods by Road (CMR)
- Copyright , , ,
- Counterclaims
- Court-approved settlements, enforcement of
- Criminal cases
- Criminal/penal law, foreign, jurisdiction to enforce
- Crown
- Cyprus , ,
- Damages for loss caused by wrongful litigation , , –
- Declaratory judgment on merits of dispute , –
- Defamation , , , , , ,
- Default judgments , , , ,
- Delay or laches , ,
- Delict see Tort, delict or quasi-delict: special jurisdiction
- Denmark , , , ,
- Design rights
- Disputing jurisdiction of English court , , , , –
- acknowledging service of process , , ,
- appeals against decision on application
- application to
- ‘better of argument’ test , , ,
- burden of proof
- deciding issues once and for all on balance of probability ,
- default judgment ,
- general
- good arguable case/better of argument , , ,
- Hague Choice of Court Convention 2005 ,
- procedure –
- submission by accident or error , ,
- time limits for , , ,
- Domicile
- agreements on jurisdiction, relevance of ,
-
consumer contracts , , , , , ,Page 929
- deemed: non-domiciled insurers, professionals and employers
- defendant domiciled in another Lugano State see special jurisdiction
- determination of for Lugano Convention –,
- employment contracts , , , , ,
- exclusive jurisdiction (regardless of domicile) see separate entry
- foreign judgments and common law rules
- general jurisdiction over defendant domiciled in UK –
- insurance , , , ,
- no Lugano State domicile: residual jurisdiction , –
- Regulation 1215/2012 ,
- trusts, domicile of ,
- United Kingdom domicile ,
- Duty of court to examine its own jurisdiction, Lugano Convention –
- Effectiveness, principle of ,
- Employment contracts , –, ,
- Civil Jurisdiction and Judgments Act 1982, jurisdiction under , , ,
- agreements on jurisdiction , ,
- centre of gravity approach
- claim directly or indirectly related to the employment
- directors as employees
- domicile , , , ,
- duties of employment in more than one Lugano State
- ‘fake self-employment’, treatment of ,
- foreign judgments under Lugano Convention
- former employment, claims arising from
- international jurisdiction in courts of UK
- jurisdictional rules
- Lugano Convention, Section 5 of Title II
- powerful work relationships as employment
- Regulation 1215/2012 , , , , ,
- work relationships pretending not to be employment
- England and Wales, meaning of
- Equitable right not to be sued
- Establishment, business see Branch, agency or other establishment
- Estoppel
- anti-suit injunctions ,
- by representation
- cause of action estoppel ,
- damages for breach of jurisdiction agreement and estoppel ,
- dismissal on jurisdictional grounds giving rise to
- foreign judgments giving rise to , , , , , , ,
- issue estoppel , , , ,
- findings made against claimant
- findings made against defendant
- European Convention on Human Rights
- European Free Trade Association (EFTA) ,
- European law in English courts
- Exclusive jurisdiction (regardless of domicile) under Lugano Convention –
-
companies; proceedings having validity as their object –Page 930
- court’s duty to confirm no court has
- enforcement of judgments from Lugano States –
- foreign judgments ,
- immovable property, proceedings having as their object –
- intellectual property rights registered in Lugano States –
- interim relief where , ,
- issue of, raised as defence to claim
- lis alibi pendens , , ,
- non-Lugano States, analogy with exclusive jurisdiction , ,
- public registers, entries in, proceedings having as their object –
- tenancies, proceedings having as their object ,
-
- Fair trial , , ,
- Family law
- Fax ,
- Federal states and complex countries
- Fiduciary duties ,
- Finland , ,
- Foreign judgments: Part E of this book
- 1920 Act see Foreign judgments registered under 1920 Act
- 1933 Act see Foreign judgments registered under 1933 Act
- 1982 Act see Foreign judgments registered under 1982 Act
- anti-suit injunctions
- Brussels and Lugano see Foreign judgments taking effect under Brussels and Lugano rules
- common law rules see Foreign judgments and common law rules
- Foreign judgments and common law rules , , –, –
- class actions, foreign judgments and orders in
- conflict with prior English judgment
- conflicting with English public policy
- contrary to valid dispute resolution agreement –
- defences to plea of res judicata
- doctrine of obligation ,
- effect and consequences of res judicata
- enforcement by action in English courts
- final and conclusive requirement for recognition –
- fraud as defence to recognition
- Human Rights Act 1998 requiring non-recognition
- judgments from courts or judicial bodies
- judgments enforcing (third state) judgments
- natural or substantial justice, breach of as defence to recognition
- non-recognition, consequences of
- objections which are not defences to recognition
- penal, revenue or other public law, judgment based on
- Protection of Trading Interests Act 1980
- recognition as bar to re-litigation
- recognition of judgment against unsuccessful litigant
- recognition of judgments in personam: jurisdiction of foreign court
- connection of losing party to foreign court ,
- defendant corporation present within foreign jurisdiction
- defendant individual present within foreign jurisdiction
- doctrine of obligation as basis ,
-
presence within jurisdiction of foreign court –Page 931
- presence in federal states
- voluntary submission or agreement to jurisdiction of court –
- recognition of judgments in rem
- connection of res to foreign court
- res judicata, requirements for
- States, judgments against
- time limits for proceedings
- voluntary submission to jurisdiction of foreign court ,
- after commencement of proceedings
- ante litem: by agreement
- appearance, by voluntary
- appearance to contest jurisdiction not submission –
- company and shareholders, by
- counterclaim or cross-claim, by
- followed by amendment of claim
- implied or inferred
- insolvency claim, in relation to
- involvement or participation in foreign process?
- Foreign Judgments (Reciprocal Enforcement) Act 1933 see Foreign Judgments registered under 1933 Act
- Foreign judgments registered under 1920 Act –, –
- Foreign judgments registered under 1933 Act –, –
- Foreign judgments registered under 1982 Act –, , –
- Foreign judgments taking effect under Brussels and Lugano rules , –, –
- authentic instruments
- court-approved settlements
- default judgments , , –
- enforcement under Lugano and Regultion 44/2001 ,
- enforcement under Regulation 1215/2012
- judicial decisions in relation to arbitration , ,
- non-Lugano-domiciled judgment debtors
- recognition ,
- as basis for issue estoppel
- civil or commercial matter
- and consequences of recognition
- default judgment , , –
-
generalPage 932
- irreconcilable judgments –
- judgment from a court in a Lugano State
- judgment giving effect to non-Lugano State judgment
- judicial decisions in relation to arbitration –
- jurisdiction agreement, judgment in conflict with ,
- jurisdictional objections to recognition, permitted
- manifestly contrary to English public policy
- non-jurisdictional objections: general
- public policy and departures from parties’ agreement
- public policy and overall fairness of procedure
- reasons not given for foreign judgment
- recognition and Regulation 1215/2012 ,
- Forum non conveniens , , , , –
- France ,
- Fraud
- Freezing injunctions , , , , ,
- enforcement in Lugano States
- foreign judgments ordering ,
- from courts of non-Lugano State
- inexpediency of granting ,
- local proceedings to obtain
- orders made to aid enforcement of English judgments
- real connecting link with court making order and Lugano Convention
- well-founded fear of dissipation
- worldwide injunction , , ,
- Gateways to service out of the jurisdiction , ,
- administration of estates
- admiralty
- breach of confidence ,
- connected claims against same defendant
- constructive trustee
- contract claims –, , ,
- defendant domiciled in England
- definition and interpretation of
- enforcement of judgments and awards
- injunctions ,
- interim remedies ,
- misuse of private information
- necessary or proper party
- other enactments
- Part 20 claims
- probate
- property
- restitution
- resulting trusteeship
- standard of certainty needed
- strictness in interpretation of
- taxes or duties
- third-party costs order
- torts
- trusts , ,
- wills
- General jurisdiction over defendant with UK domicile under Lugano Convention –
- being sued
-
deemed domicile of non-Lugano-domiciled insurers, professionals and employersPage 933
- determination of domicile –
- domicile of corporations and associations –
- domicile of Crown
- domicile of individuals
- domicile of trusts
- General principles of EU law
- General principles of public international law
- Germany ,
- Gibraltar , , ,
- ‘Good arguable case’ and jurisdiction , , ,
- Greece ,
- Hague Choice of Court Convention 2005 –,
- anti-suit injunctions and ,
- arbitration and
- asymmetric agreements and , , ,
- Brexit and
- conditions for application
- damages claim after breach by suing in Hague State
- disputing jurisdiction of English court ,
- duty of chosen court to adjudicate
- duty of court not chosen to not adjudicate
- exclusions from Convention
- foreign judgments under , , –
- formal requirements for validity
- insurance and
- interim relief and ,
- interpretation ,
- Lugano Convention: relationship with
- methodology
- non-exclusive agreements
- for non-Lugano courts , ,
- registration of judgments under 1982 Act –
- scope of: agreements to which the Convention applies
- scope of: cases in which the Convention applies
- scope, temporal
- service of process
- stay of proceedings , ,
- temporal scope
- Hague Judgments Convention 2019
- Human rights ,
- Iceland , , , , , ,
- Immovable property in Lugano State: exclusive jurisdiction
- Immunity
- India
- Inheritance
- Injunctions
-
anti-suit see separate entryPage 934
- freezing see separate entry
- gateway to service out of the jurisdiction ,
- interlocutory/interim , ,
-
- Insolvency , ,
- Insurance
- agreements on choice of court and ,
- declarations of liability in context of
- domicile and protective Lugano jurisdiction , , , ,
- foreign judgments under Lugano/Brussels rules ,
- general scheme of protective jurisdictional rules
- Hague Choice of Court Convention 2005
- Lugano Convention –,
- professional relationships within protective jurisdiction scheme?
- Regulation 1215/2012 , ,
- written on London market, choice of court agreement
- Intellectual property rights ,
- Intellectual property rights registered in Lugano States: exclusive jurisdiction –
- Interim or interlocutory remedies see Provisional and interim relief
- Internet
- Interpretation of Lugano Convention –, , ,
- Ireland , ,
- Irreconcilable decisions
- exceptions to general rules construed narrowly
- foreign judgments: Hague Choice of Court Convention 2005
- foreign judgments and common law rules
- foreign judgments taking effect under Brussels and Lugano rules , –,
- lis pendens , , , , ,
- multiple national patents ,
- provisional and interim relief ,
- special jurisdiction to prevent risk of , , , , ,
- stay of proceedings
- Isle of Man , , , ,
- Israel
- Italy ,
- Jurisdiction agreements at common law –, ,
- arbitration, comparison with ,
- assignment, effect on agreement
- consumer contracts, in
- employment contracts, in
- foreign judgments, effect in relation to ,
-
gateway to service out of jurisdictionPage 935
- imported from another contract
- influence of arbitration
- interpretation: applicable law
- material scope: effect beyond contract in which written
- material scope of agreement governed by English law
- nature of jurisdiction agreement
- non-exclusive agreements ,
- personal scope: privity and related issues
- scope of, general
- stay of proceedings , , , , , –
- subrogation, effect on agreement
- validity of
- Land
- common law and statutory jurisdiction relating to foreign –
- foreign judgments in rem and common law rules
- in non-Lugano State , , , , ,
- personal claims and in rem proceedings, special jurisdiction –
- validity of entries registers, proceedings having as their object ,
- title to and tenancies of immovable property in Lugano State –
- Liechtenstein , ,
- Limitation of liability in shipping claims, special jurisdiction
- Limited liability partnerships
-
Lis alibi pendens , , , –, , ,
- agreements on jurisdiction and , ,
- CMR Convention, jurisdiction and
- concurrent exclusive jurisdictions under Lugano Convention
- court ceasing to be seised or staying proceedings
- court seised first in another part of UK
- court seised second considers
- date of seisin under Lugano Convention
- declaratory judgment on merits of dispute
- disputing jurisdiction of English court
- duty of court seised first to adjudicate –
- exceptions to general rule ,
- exclusive jurisdiction (regardless of domicile) , , ,
- general approach to lis pendens in Lugano Convention –
- Hague Choice of Court Convention 2005
- interim remedies
- jurisdiction under Convention other than Lugano , ,
- non-Lugano State, lis pendens in –
- non-retained EU laws with temporary effect
- related actions –
- same cause of action: objet and cause –
- same parties
- staying proceedings , , , , , , , , , , ,
- Lugano Convention: Part B of this book
-
agreements on jurisdiction and see separate entryPage 936
- anti-suit injunctions , , , , ,
- appearance conferring jurisdiction on court –,
- application by UK to accede to , , , , ,
- Brussels Convention/Regulation, relationship to , , ,
- consumer contracts and , , , –,
- disputing jurisdiction of English court , ,
- duty of court to examine its own jurisdiction –,
- employment contracts , , –,
- exclusive jurisdiction (regardless of domicile) –, , , ,
- general jurisdiction based on domicile –
- Hague Choice of Court Convention 2005: relationship with ,
- hierarchy of jurisdictional rules
- insurance jurisdiction in relation to –,
- interpretation , –, ,
- lis alibi pendens see separate entry
- nature of jurisdictional rules of
- non-participation of UK, effect of , , , , , , ,
- other conventions and –, ,
- provisional and interim relief , , –, , , , , ,
- residual jurisdiction , –, , , , ,
- scope of –
- service out of jurisdiction without permission , , ,
- special jurisdiction see separate entry
- structure, jurisdictional –
- terminology and numbering system of ,
- territorial jurisdiction
- wrongful litigation before courts of Lugano State ,
- see also Foreign judgments taking effect under Brussels and Lugano rules; Non-Lugano State, jurisdictional connection to
-
- Luxembourg ,
- Maintenance: special jurisdiction under Lugano Convention
- Malta ,
- Mareva injunctions see Freezing injunctions
- Marital property
- Maritime law ,
- Material scope of Lugano Convention –
- arbitration, matters relating to or affected by , , , , –
- bankruptcy and insolvency
- enforcement of non-Lugano State judgment, proceedings based on ,
- excluded issues arising incidentally
- exclusions from scope: general interpretation of
- exclusions, specific exclusions of civil and commercial matters –
- foreign judgments
- marital property
- ‘matters’, meaning of
- personal capacity and status
- private persons exercising public functions
- proceedings against public bodies
- public authorities against private parties
- social security ,
- wills and succession
- Mexico
- Moçambique rule
- Monaco ,
- Montenegro
- Mutual trust and confidence , , , , ,
-
NationalityPage 937
- Netherlands ,
- Non-Lugano State, jurisdictional connection to –
- agreements on jurisdiction , , , 19.09,
- Droz, explanation of reflexive effect
- judicial discretion and Convention jurisdiction
- land in , , , , ,
- lis pendens before courts of –
- more appropriate forum in non-Lugano State
- nature of jurisdictional rules made by Convention
- reflexive effect of Lugano jurisdictional rules –
- residual jurisdiction , ,
- Northern Ireland
- Norway
- Notaries, orders made by
- Pakistan
- Partnerships
- Patents , , , , , ,
- Portugal ,
- Product liability , ,
- Provisional and interim relief –,
- anti-suit injunctions, interlocutory ,
- beneficial ownership of assets
- co-defendants
- evidence, measures for taking of
- gateway to service out of jurisdiction
- general
- interim remedies: relief available from English court
- freezing injunctions see separate entry
- interim remedy, obtaining ,
- Brussels/Lugano/Hague issues
- courts of another Lugano State have jurisdiction on the substance
- English court has jurisdiction on the substance
- English law rules
- granting relief: exercise of powers and discretion
- jurisdiction according to English law
- no court having jurisdiction under Lugano Convention
- no Lugano court yet seised
- non-Lugano State, before courts of
- outside civil or commercial matters
- proceedings in Hague Choice of Court Convention 2005 State
- residual jurisdiction over the substance
- interlocutory/interim injunctions , ,
-
jurisdiction agreements ,Page 938
- post-judgment orders
- recognition and enforcement
- search or Anton Piller orders
- stay of proceedings
- Public authorities
- Public international law
- Public policy
- foreign judgments , , , ,
- authentic instruments, non-recognition of
- Brussels/Lugano rules and non-Lugano-domiciled judgment debtors
- disobedience in face of anti-suit injunction
- foreign judgments at common law , , , , ,
- foreign judgments under Lugano Convention, non-recognition –
- Hague Choice of Court Convention 2005
- overall fairness of foreign procedure
- setting aside registration under 1920 Act
- setting aside registration under 1933 Act
- foreign judgments , , , ,
- Pure financial/pecuniary loss
- Purposive interpretation of Lugano Convention
- Registers, public
- Registration of foreign judgments
- 1920 Act see Foreign judgments registered under 1920 Act
- 1933 Act see Foreign judgments registered under 1933 Act
- 1982 Act see Foreign judgments registered under 1982 Act
- Res judicata and re-litigation
- Residual jurisdiction under Lugano Convention , –, , ,
- Resulting trustees
- Rome II Regulation
- Salvage
- Scheme of arrangement
- Search or Anton Piller orders
- Serbia
- Service of process , –
- agent within and defendant out of jurisdiction, service on
- alternative method or at alternative place
- as basis for jurisdiction of court –
- common law principles of jurisdiction based on –,
- companies, on , ,
- deeming failed attempts as good service
- e-mail service , ,
- first class post, service by
- interim remedies ,
- leaving claim form at particular place, by
- methods
-
alternativePage 939
- overseas companies, on
- partnerships and partners, on ,
- period of validity for service
- permission not obtained: effect of irregularity ,
- personal service in England
- service out of jurisdiction see separate entry
- serving claim form within jurisdiction
- solicitor accepting service
- time limits
- see also Disputing jurisdiction of English court
- Service out of jurisdiction –, ,
- claimant, position of
- deeming failed attempts to serve as sufficient
- defendant, position of when served , , ,
- discretion to authorise , ,
- foreign judgments ,
- foreign law elements in jurisdiction application
- interim remedies ,
- legal basis for permission to serve out see Gateways to jurisdiction
- permission required, where , ,
- service of claim form by agreed method
- time limits
- without need for permission , ,
- Settlements, court-approved
- Singapore
- Social security
- Solicitors
- Sovereign immunity , ,
- Spain ,
- Special jurisdiction under Article 5 of Lugano Convention –
- Special jurisdiction under Article 6 of Lugano Convention –, –
- Special jurisdiction under Lugano Convention –, –
- Specific performance , , ,
- Spiliada principle –, –
- Stay of proceedings ,
- application under CPR Part 11 ,
-
arbitration agreements, by reference toPage 940
- breach of contract
- case management, for reasons of
- court seised second and Lugano Convention –
- forum non conveniens , , , –, ,
- Hague Choice of Court Convention 2005 , ,
- inherent power to order , ,
- jurisdiction agreement as basis for stay –
- lis pendens , , , , , , , , , , ,
- Lugano jurisdiction and more appropriate forum
- non-exclusive agreements
- non-Lugano State , , , ,
- residual jurisdiction but connection to Lugano State
- Stay of proceedings when court forum non conveniens –
- after service within jurisdiction: general
- appropriate forum –, ,
- availability
- CPR Part 11 ,
- gateways to service out of the jurisdiction
- interim remedies
- legislative limits on general power to order stay
- nature and length of applications
- private interests and public interest
- reasons not to stay proceedings
- Spiliada test , , ,
- strength of claim or defence, relevance
- time (limit) for applying
- Succession
- Suriname
- Sweden ,
- Switzerland , , , , , ,
- Taxation
- Teleological interpretation of Lugano Convention
- Temporary effect of non-retained EU laws
- Third parties
- agreements on jurisdiction
- gateway to service out of the jurisdiction: third-party costs order
- interim relief
-
freezing injunctionsPage 941
- Threatened torts
- Time-shares
- Tonga
- Tortiously wrongful litigation, damages for , ,
- Tort, delict or quasi-delict: special jurisdiction under Lugano Convention , –
- anticipated or threatened torts
- autonomous meaning of terms
- bad investment cases
- causal event limb , –
- damage or loss occurred limb , –
- direct or indirect damage as jurisdictionally significant
- event giving rise to damage –
- harmful event: general interpretation
- harmful event: claims for negative declaratory relief
- international jurisdiction: place where harmful event occurred
- international jurisdiction in English court
- ‘liability’ as characteristic of claims ,
- locating where damage occurred –
- loss or damage in several States
- person whose act is jurisdictionally relevant
- pre-contractual liability, treatment of
- psychiatric injury as damage
- pure financial loss , ,
- relevant and irrelevant damage
- Rome II Regulation, role of ,
- threatened or anticipated torts
- Trade marks ,
- Trade secrets
- Trusts
- Turkey