Stay for Appropriate Court The Courts may stay proceedings on the basis that Ireland is not the appropriate Court. There is a similar but more precise provision in cases under the European Union rule. With the non-European Union rules, the position is much more discretionary. Where proceedings are commenced in Ireland on the basis of serving the defendant while present or seeking the Court’s permission […]
Judgments Act 2012 The purpose of the Jurisdiction of Courts and Enforcement of Judgments Act 2012 A to give effect to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007. This Convention supersedes the 1988 Convention of the same name which involves the Member States of the EU and the European […]
Conflict of Laws Conflicts of law, otherwise described as private international law, deals with legal issues that arise when more than two States’ legal systems /or jurisdictions are involved in a transaction or event. The rules decide which country’s law applies. The rules also decide which country’s courts have the sole or primary right to hear disputes. They also deal with the enforcement of judgments […]
General Rules The European Union Judgment Regulation sets out which states a person must be sued and which state has jurisdiction over particular types of proceedings and disputes. If a person is domiciled in a particular EU state, he may generally be sued in that State. The relevant time is when the claim is issued. If one of the exceptional provisions does not apply, the […]
Branch or Agency In the case of a dispute arising out of the operation of a branch, agency or establishment, the person may be sued in the EU state where it is situated. Operations may cover contractual and non-contractual matters and obligations arising from its activities. This allows injured parties to take legal action against a branch or agency in the place where it is […]
EU Rules The EU rules only apply to civil and commercial matters within their scope. The recognition of a foreign judgment in the EU is not governed by the EU rules. The Judgment Regulations deal with the jurisdiction of courts (powers to hear the case) in respect of particular types of contracts. Where these rules apply, they are exclusive, and other rules in the regulations […]
Application of EU Rules The rules set out in other chapters regarding EU disputes apply only when the conditions in them are satisfied. There is generally a dispute between EU-based parties. Where the EU rules don’t apply the traditional common law rules apply. These are quite different in that they are more discretionary and less mandatory. The EU rules do not apply where the defendant […]
Overview Brussels II bis deals with jurisdiction in matters of parental responsibility. Parental responsibility is defined as rights and duties relating to the person or property of a child that are given to a natural or legal person by judgment, by operation of law, or by agreement having a legal effect. They include matters of custody and access. Subject to the following, the courts of […]
Brussels II The Brussels II Regulation provides the general jurisdiction of courts for the purpose of recognition of judgments and orders within the EU. Jurisdiction lies with the courts of the member state in whose territories the spouse is habitually resident or where the spouses were last habitually insofar as one of them still habitually resides there or the respondent is habitually resident or in […]
Movables Conflict of laws distinguish between movable and immovable property. Generally, immovable property is governed by the law of the place where it is situated. This determines such matters as the nature of the property rights and their transfer and inheritance. There is a distinction between tangible and intangible movables. The former are physical objects, and the latter are in the nature of claims that […]
Immovables Conflict of laws distinguish between movable and immovable property. Generally, immovable property is governed by the law of the place where it is situated. This determines such matters as the nature of the property rights and their transfer and inheritance. A distinction is made between moveable and immovable property. Moveable property generally includes any rights to land or buildings. How the classification works will […]
Choice of Contract The Rome Convention and Rome I Regulation relate to the law applicable to a contract. The basic principle is that the choice of law expressed by the parties is respected. If it is not expressed, the Convention defines the applicable law. The Convention applies the domestic law of the jurisdiction chosen. It does not apply its conflict of laws rules. The concept […]
Overview Conflicts of law issues may arise where a civil wrong is committed in one jurisdiction, but injury results in another. There is a wide range of civil wrongs ranging from nuisance, defamation and trespass, where liability may be strict, to negligence and to torts requiring intent or recklessness such as fraudulent misrepresentation. Conflict issues may arise in relation to the broad range of liability […]
Domestic Rule Apply Courts apply their own procedural and evidence rules. This includes rules relating to the course of court proceedings and methods of execution. Courts may apply the foreign substantive law of another jurisdiction. However, they will apply their own procedural rules. The principle that the domestic law applies procedural matters, is a practical necessity. Although a court may hear of evidence of foreign […]
Overview There are two broad categories of restitution. In one type of case, the defendant’s claim is based solely on the defendant being unjustly enriched. In other types of case, the claim is is based on unfair enrichment due to a wrong analaogous to a breach of contract or tort. There are different conflicts of law rules depending on the type of interest concerned. Where […]