The Practical Lawyer

Contracts will often contain exclusive jurisdiction clauses, saying that the courts of a particular country will have jurisdiction over any disputes. But, what happens if the parties enter into several contracts, which contain inconsistent jurisdiction clauses?

How does an English court decide whether it has jurisdiction? The answer will usually lie in the Brussels Regs, failing which common law principles apply.

What happens if a claim form was issued late, so that the limitation period has expired? The usual answer, of course, is that the claim will be too late and the claimant will have no remedy (except, perhaps, against his solicitor for not having issued a claim within the limitation period).

A residential estate was situated next to a scrap metal yard. The owners of the scrap metal yard tried to reach a compromise with the local residents but were unsuccessful.

An important new costs provision has come into force in the Mercantile & Technology & Construction Courts. PD51G is a Costs Management Order.

The High Court can grant an injunction where it appears 'just and convenient to do so' (s37(1) Senior Courts Act 1981). In practice, the courts will usually follow the guidelines in American Cyanamid [1975]:

Is it possible to make a Part 36 offer in a detailed assessment proceeding (DAP)? This has been suggested as being possible by several leading commentators (including the senior costs judge), but we now have judicial guidance from the CA. In their view, it is not possible to use Part 36 in a DAP.

CPR 54.5 requires a judicial review claim to be brought '(a) promptly; and (b) in any event not later than three months after the grounds to make the claim first arose'.

Most practitioners have some knowledge of the Brussels Regime which governs the cross-border recognition and enforcement of judgments in the EU. In essence, once you have a judgment in one country, you can apply in a court in the other jurisdiction, with that local court generally having no power to refuse enforcement. In addition, there is the European Enforcement Order which applies to uncontested debt judgments across the EU (except Denmark).

A summary of the differences between arbitration and expert determination: