1.01 Jurisdiction in English private international law: twelve perspectives

One of the challenges that arises when giving an account of the law of civil jurisdiction – criminal jurisdiction is a separate thing – is that the word ‘jurisdiction’ has many meanings. As Diplock LJ famously said: ‘“jurisdiction” is an expression which is used in a variety of senses and takes its colour from its context’.1 Although lawyers habitually use the word without pausing or needing to explain the sense in which they are doing so, it really ought to be possible to define something which represents the major part of this book. In fact, definition is practically impossible; but illustration of the various senses in which the word is encountered is more helpful. This may be done by identifying twelve contexts in which the term may be encountered in English2 private international law. It is not, perhaps, necessary to suggest that concept of jurisdiction in private international law takes the form of a dodecahedron, but as a representation of its coherence, its complexity, and its completeness, there may be something in it. ‘Jurisdiction’ means and includes the following: