EU Judgements Convention
The European Union has introduced common rules which apply through European Union States and the European Economic Area (EEA). These European Union Rules set out common rules for the European Union and EEA in relation to where proceedings can or must be taken, where the dispute involves parties in different member states. This would be very important in the context of litigation in England and Wales. In some cases, legal proceedings must be taken in a particular country while in other case there are choices.
The European Union Rules will nearly always apply in the case of a dispute with an English and Irish element or where one party resides in Ireland and the other in England or both reside in Ireland but there is some English element such as a property situated there.
There is a distinction between where Court proceedings may issue and where they have to issue. Frequently, where there is a connection with more than one country it may be possible to take legal proceedings in one or the other. In this case, it may depend on where the legal proceedings are started first. In other cases it is possible to take legal action in a single country only.
Where English Courts have jurisdiction under the European Union Rules, the claim can be served directly in Ireland. The time period for filing acknowledgements and defences are longer than in domestic England and Wales matters.
Generally the person against whom the claim is to be made, must be sued in the local Courts of where he permanently resides. Where a company is involved, it is where the company is managed and controlled. This is the general rule but in many cases there will be alternative possibilities.
If a person is sued in a foreign Court, the Court will generally be entitled to deal with the case unless objection is taken. If an individual objects to the jurisdiction i.e the courts authority to determine the dispute, he should acknowledge service and serve a notice of his objection. If he does not do so he will be deemed to have accepted the jurisdiction of the Courts concerned.
Contract Cases
In contract cases it is possible, as an alternative, to sue where the contract is or was to be performed. In the case of a sale of goods, the performance is where the goods are to be delivered to. In the case of services, the performance is where the services are rendered.
It is possible for non consumers to agree to confer jurisdiction on Courts other than those of his home country. This agreement should be in writing or evidence in writing or incorporated from a trade practice. In commercial disputes the contract between the parties will often state the law that is to apply and which Courts are to have power or jurisdiction over it. These agreements would generally be binding.
Contracts will specify which law will govern and which Courts can determine disputes. These will generally be binding on non-consumer cases.
Civil Wrongs
Where a civil wrong is involved the State where the harm occurred will usually have jurisdiction. This is an alternative to suing in his home country.
Where the claim is based on some harm or wrong, the relevant courts are those of where the harmful event occurs. Where, for example, a manufacturer negligently makes a piece of machinery and sells it into another country, the customer can either sue where the negligence occurred or the damage occurred.
Exclusive Jurisdiction of One State
A consumer contract is one entered by a person outside his trade or profession with a person who pursues commercial or professional activities in his home country or of the or directs its activities to that state. Generally a consumer is entitled to sue and be sued in his own state and these rules cannot be altered by a prior agreement.
There are some types of dispute where the Courts of a particular country have exclusive jurisdiction. Disputes in relation to land and matters arising out of land must be taken in the jurisdiction where the land is situate.
Proceedings linked to the validity of a company and its dissolution and winding up must be taken in the state where the company has its seat.
Proceedings relating to patents, trade marks, designs must be taken where they are registered. This applies to disputes about the validity of registration and not those regarding infringement.
