11. Service Outside the Jurisdiction

2021 ◽  
pp. 119-128
Author(s):  
Stuart Sime
Keyword(s):  
Hague Convention ◽  
England And Wales ◽  
Exclusive Jurisdiction ◽  
The Hague ◽  
The Times ◽  
The Hague Convention

This chapter deals with jurisdiction in England and Wales. Proceedings generally have to be served within the jurisdiction. There always has to be a sound basis before proceedings can be served outside the jurisdiction. Where the parties have an exclusive jurisdiction clause in favour of the courts of England and Wales, proceedings may be commenced against a defendant who is outside the jurisdiction pursuant to the Hague Convention 2005, and served on the defendant without seeking court permission. In other cases, if jurisdiction can be established against a defendant who is outside the jurisdiction under the CPR, r 6.36 and PD 6B, para 3.1, proceedings can be served outside the jurisdiction only with the permission of the court. The times for responding to claims served outside the jurisdiction are extended.

11. Service Outside the Jurisdiction

2020 ◽  
pp. 118-127
Author(s):  
Stuart Sime
Keyword(s):  
Hague Convention ◽  
England And Wales ◽  
Exclusive Jurisdiction ◽  
The Hague ◽  
The Times ◽  
The Hague Convention

This chapter deals with jurisdiction in England and Wales. Proceedings generally have to be served within the jurisdiction. There always has to be a sound basis before proceedings can be served outside the jurisdiction. Where the parties have an exclusive jurisdiction clause in favour of the courts of England and Wales, proceedings may be commenced against a defendant who is outside the jurisdiction pursuant to the Hague Convention 2005, and served on the defendant without seeking court permission. In other cases, if jurisdiction can be established against a defendant who is outside the jurisdiction under the CPR, r 6.36 and PD 6B, para 3.1, proceedings can be served outside the jurisdiction only with the permission of the court. The times for responding to claims served outside the jurisdiction are extended.

Is the Jurisdiction of England and Wales Correctly Applying the 1980 Hague Convention on the Civil Aspects of International Child Abduction?

2002 ◽  
Vol 51 (2) ◽  
pp. 427-435 ◽  
Author(s):  
Sarah Armstrong
Keyword(s):  
Significant Proportion ◽  
Hague Convention ◽  
Central Authority ◽  
England And Wales ◽  
Child Abduction ◽  
International Child ◽  
The Usa ◽  
The Hague ◽  
The Uk ◽  
The Hague Convention

The jurisdiction of England and Wales is vastly experienced in application of the Hague Convention on the Civil Aspects of International Child Abduction1 (the Convention). The UK2 was the fifth3 Contracting State to the Convention, which now boasts 70 State Parties,4 and England and Wales consistently handles a significant proportion of annual Convention applications. In terms of applications, which were processed by Central Authorities, England and Wales was the second busiest Convention jurisdiction in 1999.5 The USA handled 466 applications, England and Wales 329, and Germany 210. Indeed the Central Authority for England and Wales handled more applications than any other, the USA having split incoming and outgoing applications between two separate bodies.6

Part I General and Introductory, 5 Subject-Matter Scope: Specific Exclusions

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
Intellectual Property Rights ◽  
Hague Convention ◽  
Personal Injury ◽  
Employment Contracts ◽  
Exclusive Jurisdiction ◽  
Consumer Contracts ◽  
The Hague ◽  
Legal Concepts ◽  
The Hague Convention ◽  
Nuclear Damage

This chapter consider matters specifically excluded from the scope of Brussels 2012, Lugano 2007, and the Hague Convention. Each of these instruments contains a list of subjects — for example, status of natural persons — that are excluded from its scope. Under Brussels, and almost certainly under Lugano and Hague as well, these legal concepts have an autonomous meaning. They are not interpreted according to national law. If this were not so, the scope of the instrument would vary from State to State. Topics discussed include rights in property arising out of a matrimonial relationship, wills and succession, bankruptcy, social security, arbitration, maintenance, consumer contracts, employment contracts, carriage of persons and goods, maritime matters, competition (antitrust) matters, liability for nuclear damage, personal injury, damage to property, matters subject to exclusive jurisdiction, infringement of intellectual property rights, and declarations under the Hague Convention.

Defining the Regulations of War in the Hague Convention of 1907

2016 ◽  
Author(s):  
Erazak Tileubergeno ◽  
Dana Baisymakova ◽  
Dinara Belkhozhayeva ◽  
Zhanar Moldakhmetova
Keyword(s):  
Hague Convention ◽  
The Hague ◽  
The Hague Convention

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

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