OpenLegislation

Article 5 Article 5F1

United Kingdom

A person domiciled in apart of the United Kingdom may, in anotherpart of the United Kingdom, be sued:

  1. (1)

    in matters relating to a contract, in the courts for the place of performance of the obligation in question; F2in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, the employer may also be sued in the courts for the place where the business which engaged the employee was or is now situated;

  2. (2)

    in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;

  3. (3)

    in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurredor in the case of a threatened wrong is likely to occur;

  4. (4)

    as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

  5. (5)

    as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

  6. (6)

    in his capacity as a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of thepart of the United Kingdomin which the trust is domiciled;

  7. (7)

    as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question

    1. (a)

      has been arrested to secure such payment, or

    2. (b)

      could have been so arrested, but bail or other security has been given;

    provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;

  8. (8)

    in proceedings—

    1. (a)

      concerning a debt secured on immovable property;

      or

    2. (b)

      which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,

    in the courts of the part of the United Kingdom in which the property is situated.

Annotations

Textual amendments

F1

Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1

F2

Words in Sch. 4, art. 5(1) inserted (1.4.1993) by S.I. 1993/603, art. 2(a).

Notes on Schedule 4

Textual amendments

F2

Sch. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Modifications

C1

Sch. 4 applied (with modifications) (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 4(3)