Jurisdiction—principles

This Overview provides an introduction to the concept of jurisdiction in the context of civil litigation proceedings in England and Wales. Which courts have jurisdiction to determine a dispute is only one consideration when dealing with a cross border dispute. For an insight into the different issues that need to be considered, see: Cross border considerations—checklist.

What is jurisdiction?

Where a party commences proceedings in court, it is a prerequisite that the court has the power to determine the dispute between the parties ie it has jurisdiction. It is important to understand what is meant by the term ‘jurisdiction’ as the concept of jurisdiction is not limited to a territorial jurisdiction. The term is defined in CPR 2.3 and the court may have jurisdiction by means of:

•
territorial jurisdiction, or
•
the court’s power of authority

There is considerable overlap between jurisdiction and service when determining whether

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