Determining whether the courts of England and Wales have jurisdiction


Published by a UUֱ Dispute Resolution expert
Practice notes

Determining whether the courts of England and Wales have jurisdiction


Published by a UUֱ Dispute Resolution expert

Practice notes
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This Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or to challenge the jurisdiction of the courts of England and Wales. Key elements are the Requirements for there is to be a serious issue to be tried, for there to be a Good arguable case and for the courts to be the proper place to determine the dispute between the parties.

The Practice Note references AK Investment v Kyrgyz Mobil, which in some law reports is referenced as Altimo Holdings & Investment Ltd v Kyrgyz Mobil Tel Ltd.

Why is jurisdiction an important issue?

The issue of why it is important to establish that the court has jurisdiction to determine the claim being brought before it has been considered in numerous authorities. A useful summary can be seen in the Court of Appeal decision in Mashate v Kagute (2012) where it was held that it is paramount for the court to ensure that:

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Jurisdiction(s):
United Kingdom
Key definition:
Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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