Jurisdiction: an overview

This note provides an overview of the jurisdictional issues that arise when litigation has a foreign element. It explains the different jurisdictional regimes that apply to proceedings instituted before the end of the UK-EU transition period (31 December 2020) and proceedings instituted after that date.

It sets out the rules which determine whether the English court will have jurisdiction under the common law, the European regime (including the Recast Brussels Regulation) where it still applies, and the Hague Convention on Choice of Court Agreements.