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Conflicts between Jurisdiction and Procedure: Pre-Action Civil Procedure and Jurisdiction - a Poor Fit

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JournalLloyd's Maritime and Commercial Law Quarterly
DatePublished - 2011
Volume2
Number of pages17
Pages (from-to)275-292
Original languageEnglish

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.

    Research areas

  • civil procedure, conflict of laws, European Union law

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