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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, pp. 275-292.

Record type: Article

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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Accepted/In Press date: 2011

Identifiers

Local EPrints ID: 179505
URI: http://eprints.soton.ac.uk/id/eprint/179505
ISSN: 0306-2945
PURE UUID: 9114910f-6da1-4269-8f4c-c2f009bc16ed

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Date deposited: 08 Apr 2011 12:44
Last modified: 18 Jul 2017 12:02

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Contributors

Author: Phillip Morgan

University divisions

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