Activities per year
Abstract
International jurisdiction is fundamental to the effective resolution of cross border disputes. Brexit invites focus on the scope and function of the UK’s future approach to residual jurisdiction. These rules reflect national values whilst managing transaction and litigation risk. Whilst Scottish rules are more closely aligned to the form and content of Brussels I Recast Regulation, the CPR in England enables flexibility to new forms of actions. In a future where EU private international law’s direct influence will shift, this paper demonstrates how UK legislation and judicial approaches to international jurisdiction should adjust. Schedules 4 and 8 to the Civil Jurisdiction and Judgments Act 1982, and aspects of the English CPR, should be revised to take account of the benefits of EU IPL. The UK courts’ application of the doctrine of forum non conveniens will also become more prevalent, regardless of the defendant’s domicile.
Original language | English |
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Pages (from-to) | 161-183 |
Number of pages | 23 |
Journal | Journal of Business Law |
Volume | 2020 |
Issue number | 3 |
Publication status | Published - 9 Apr 2020 |
Keywords
- residual jurisdiction
- Brexit
- pragmatism
- forum non conveniens
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St Andrew's House Civil Judicial Cooperation Roundtable
Gillies, L. (Speaker)
25 May 2017Activity: Talk or presentation types › Invited talk
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EU Brexit Briefing Seminar on Cross-Border Civil and Criminal Justice
Gillies, L. (Speaker)
17 May 2017Activity: Talk or presentation types › Invited talk
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Changes and challenges in cross-border litigation - a post-referendum view from the UK
Gillies, L. (Participant)
7 Oct 2016Activity: Participating in or organising an event types › Organiser of special symposia