The actual jurisdiction of the English Courts

(Peter Harris, Barrister, Overseas Chambers ) #1

There has always been a blind eye turned to the difficulties faced by Chancery Masters in attempting to support the interest of English children over foreign immovables as, put simply, no English Court has ever taken jurisdiction to adjudicate title over foreign land for reasons of comity. I would add that such an attempt would be judicially embarrassing, simply because no foreign court would accept such an invasion with out a Treaty or an EU regulation.

I appreciate that certain new Masters such as Master Matthews may consider themselves less hampered by such ancient restrictions and grapple with the issue, rather than finding a route down the foreshore into the Admiralty jurisdiction for property lost abroad.

Does anyone know of an authoritative reference book written on such matters of jurisdictional impasses other than the White Book?

Peter Harris
www.overseaschambers.com .