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As the matter has been commenced in the Sri Lankan court, you would not be able to simply commence a stand alone application in the UK to decide whether the Sri Lankan court lacks jurisdiction or not. That's the first difficulty that I see.
My view is the point to raise the issue of jurisdiction is if the Sri Lankan court grants the order with respect to the debt and the company then attempts to enforce it in the UK. At that stage you would apply to the court in the UK on the basis that they would not be in a position to allow the enforcement as at the time it was granted the court lacked the jurisdiction.
My view however is that as the creditor resides in Sri Lanka that the courts there would have jurisdiction to deal with the matter. The only caveat to this is if there was in fact a loan agreement which specifically stated which courts would have jurisdiction in the event of disagreements.
Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
The case may be started in either jurisdiction where there is no agreement.
My apologies for the delay in responding. I was not aware of your follow up question.
I believe I have answered your question, albeit not in line with your position. I do believe the contract governs the jurisdiction of the court. Clauses to do with which country has jurisdiction in the event of a dispute arising from the contract does not expire because the contract itself expire. This is of course my view.
In any event, as i understand it the Supreme Court of Sri Lanka is the final court. As such, whether you are in agreement or not, its decision is binding on you. You cannot now start litigation in the UK, it would be dismissed on the basis that there is an abuse of process once it is brought to the UK court's attention that litigation was already done in Sri Lanka.
I do believe the concerns you have require much more in depth discussions that this forum does not allow for. I have sent a request through for us to discuss this via telephone, it is optional and you are not obliged to do so.
Good day, my apologies for the delayed response. I was unaware of your response.Practice Direction 2C of the civil procedure rules (para 2) stipulates that a claim Amy be started in any county court hearing Centre unless a rule stipulates otherwise. So, generally there is no jurisdictional restriction. In practice civil matters are commenced in the county court closest to the claimant or the defendant. If however the claim is commenced in the incorrect court, the matter would be forwarded to the correct court where the matter should be held. There would therefore not be the jurisdictional short comings or concerns as you imagine.