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Jurisdiction issues before the UK courts - Rounding up the latest developments

  • United Kingdom
  • Commercial litigation


The current trends and behaviour in the litigation market are bringing the whole strategy of pre-action conduct into the spotlight. The English civil procedure rules set out pre-action steps that litigants are encouraged to take, however, the willingness of international counterparties to challenge jurisdiction, or to be first to seize their home courts with proceedings, requires a more sophisticated tactical approach to be adopted at the very first sign of a dispute. This publication highlights some of the sophisticated and complex arguments used to challenge jurisdiction clauses and forum conveniens over the last 12 months.

This is our third publication in which we consider further the jurisdictional issues coming before the courts, and particularly the Court of Appeal, in 2022. In our first two publications (March 2021 and January 2022) we looked at some of the key decisions and the trends which emerged around the court’s interpretation of jurisdiction clauses and acceptance of jurisdiction even where those clauses are in conflict, exclusivity is being challenged, or foreign law is deemed to apply.

Download the full round up here.