Propriety and challenges of continuous application of the English doctrine of jurisdicton in <i>personam</i>

Abstract

The paper evaluates the propriety of the English doctrine of jurisdiction in personam which tends to allow a forum court to assume jurisdiction on a matter in which it has no connection with the subject matter of conflict. The doctrine is anchored by service of processes on the non-domiciled defendant without regard to the ends of justice. Regrettably, the doctrine has become quite unpopular with the European Union States and thus regarded as exorbitant. It is curious, however, to find the English courts have continued to apply same to non-European Union defendants by depending on its internal rules of procedure against the demands of justice, hence the potential mischief capable of being occasioned by the doctrine to unsuspecting non-European defendants. Granting that the application of the doctrine to non-members is sanctioned without a proven reasonable cause, it is considered rather unfair and unjust to belabour non-members of the European Union with the doctrine. Since the continued application of the doctrine under the circumstances somewhat undermines the pursuit of justice achievable in international commercial intercourse, narrow or cautious application of the doctrine whenever necessary may be desirable to sustain the teaming international commercial relationships amongst subjects of different nations.

Keywords: Jurisdiction in Personam, Service of Writ, European Union Member States, Exorbitant Rules