Conflicts between jurisdiction and procedure: pre-action civil procedure and jurisdiction—a poor fit

Morgan, Phillip (2011) Conflicts between jurisdiction and procedure: pre-action civil procedure and jurisdiction—a poor fit. Lloyd's Maritime & Commercial Law Quarterly, 2011, 275-292. (In Press)

Abstract

Lawyers often consider legal issues in isolation, without regard to their connection with other areas of law. Civil procedure is no exception. Pre-Action Protocols required by the English Civil Procedure Rules are deficient in that they interface poorly with the European rules on jurisdiction by unnecessarily exposing a party wishing to engage the jurisdiction of the English court to potentially abusive actions on the part of a defendant who wishes to frustrate this intention. This calls into question the future of England as a jurisdiction for
major international commercial litigation. However, this situation can be readily remedied by the introduction of a new form of starting process.

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