Can a defendent travel overseas if served with a claim/summons to UK civil court? If i have am served a claim form by the claimant, can I travel overseas? Also, if I am overseas and receive the claim form whilst overseas, can I ignore it if I am not a citizen of the country which the claimant is from?
If i have am served a claim form by the claimant, can I travel overseas? Yes Also, if I am overseas and receive the claim form whilst overseas, can I ignore it if I am not a citizen of the country which the claimant is from? You can always ignore a civil summons - the likely effect is that judgement will be entered against you and the plaintiff can then take further action to enforce the judgement. This can include having your property seized, garnisheeing your bank accounts or wages, or requiring you to attend court - failure to answer this summons is contempt and can lead to your arrest. A judgement in a UK court can, subject to treaties, be enforced in foreign jurisdictions under the relevant local law.
This is explained at paragraphs 2-4 of the decision you link. There were two proceedings: a claim in the county court and an application to the Tribunal. The county court claim was transferred to the Tribunal to be consolidated with the application, and they were to be heard together. (Although, technically there should be no literal &quot;transfer&quot; or &quot;consolidation&quot;; the claim is always a county court claim, separate from the tribunal application. It is just that the matters are heard at the same occasion by inviting a tribunal judge to sit in their capacity as a county court judge. See commentary on City, University of London v. Vodafone Limited (2020).) In that circumstance, Judge Nicol was sitting as both a tribunal judge and as a county court judge. This is possible because: On 22 April 2014, the Crime and Courts Act 2013 Sch.9(1) para. 4 was brought into force, providing that judges of the First-tier Tribunal are judges of the county court and therefore able to exercise the jurisdiction of the county court, providing that a claim form has been issued and the matter has been listed for hearing by them. Stephen Jourdan, K.C., &quot;FTT Judges sitting as judges of the county court&quot; (January 2019) See also this previous Q&amp;A where this was explained.
england-and-wales Litigants in Person - i.e. litigants not represented by solicitors (= attorneys in US) can recover the cost of their time at a set rate under the Litigants in Person (Costs and Expenses) Act 1975
Not that I am aware of. A person who 'owns' a domain is entitled to utilize that domain including for the purposes of receiving emails. With physical mail, it is a crime in most countries to intentionally interfere with mail that is not addressed to you. For example - Australia. However, this is statute law and as such does not extend to emails - even if it did, if you own the domain then you are the person to whom it was addressed. I note that you seem to misunderstand "confidential" - this only arises in the context of a special relationship between the person transmitting the information and the person receiving it. Usually this is a contractual obligation between A and B but it can be imposed by law (e.g. doctor-patient, banker-client, lawyer-client, GDPR etc.). If A sends confidential (as between A &amp; B) information to C, C is under no general obligation to keep it confidential if C has no relationship of confidentiality with A or B. If C discloses it and B suffers damage, B sues A for breach of confidence (or the government prosecutes A for breaking the law); B has no case against C. For your situation, where B has allowed A to send the information to an obsolete address then B has contributed to the breach to an extent that B would be extremely unlikely to succeed in a suit against A.
Is it possible that a court of one jurisdiction would apply the laws of another jurisdiction? For example could a case heard in France (by a French court) apply the laws of the US? If no, then what is the point of such clauses? Yes. This can be done and the example you provide could happen. This is done in civil cases, but not in criminal cases. The other main exception is that a court will not apply another jurisdiction's tax laws, although this is less absolute and the other jurisdiction's tax laws may still be considered as relevant to a civil dispute, so long as they are not enforced. For example, I have litigated a case where the events took place in France in a U.S. Court where the court had jurisdiction over the parties and the relevant choice of law rules pointed to French law. The overarching principle of that the law of the place with the most significant connection to the legal issue decided applies. But there are many subsidiary rules that provide clarity in some areas (although the clarity was reduced with the effect of making forum law apply more often, in the 1960s-1980s after a previous regime of more black and white rules). A clause like this is generally effective if it the parties have any connection to the forum chosen. It is a close cousin, although not nearly so strongly preferred in the law, of an arbitration clause. Also do such clauses go by other names than &quot;attornment&quot; clauses? This article points out such a name is specific to Canada. Yes. In the U.S. an &quot;attornment&quot; clause is a provision that requires a party to a contract to affirmatively declare upon notice from the other party if the attorning party claims that the other party is in breach of the contract or has unfulfilled obligations (with the attorning party waiving any claims for breach of contract not identified at that time). An &quot;attornment&quot; clause is normally found in a lease or secured promissory note and facilitates the transfer of the leased property or secured debt in a way that the new owner can know that there is no risk that it is already in default apart from the transferor's representation. Otherwise, the aggrieved party wouldn't have to mention anything until the statute of limitations arrived. All of the meanings, including the Canadian one, go back to the notion of affirming the existence of certain rights in advance of a dispute arising between the parties. This Agreement shall be construed, interpreted and enforced in accordance with, and the rights of the Parties shall be governed by, the laws of the Province of Québec and the federal laws of Canada applicable therein (excluding any conflict of law rule or principle of such laws that might refer such interpretation or enforcement to the laws of another jurisdiction). The language above is a choice of law clause. The Parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Québec, judicial District of Montreal, with respect to any matters arising pursuant hereto. The language above is a choice of forum clause, a.k.a. choice of jurisdiction clause, a.k.a. choice of venue clause.
In the small claims court cases I've been involved in the judge has dismissed all aspects of the claim related to time wasted, transportation costs, and attending court in the judgement amount itself. However the court costs one incurs should be a part of the amount that is judged in one's favour. Also the costs of enforcing any judgement (court bailiff fees) are usually considered recoverable. My thoughts are that if one is keen to ensure that the other party pays the full costs of time, collation of evidence, photocopying, phone calls, and anything else one believes they are responsible for, one will have much more luck if one is not self-representing. The predominant reason for self-representing is to keep costs, and thus one's financial risk from pursuing the case, minimal. disclaimer: this is only opinion, and not legal advice
Does this mean all countries law applies to it? Basically yes. If the videos are in english and are about science in general does this mean if some country some day bans ( imprisonment ) science videos or use of a specific colour in videos can they extraterritorialy enforce this imprisonment if they are in some other country like USA or India? With respect to criminal cases, only if it can arrest that person or convince another country to arrest and extradite that person. Generally speaking, countries will only extradite someone if it is a serious offense under the domestic laws of the country of arrest as well as the country requesting that the person be handed over, and also only if the crime occurred in or was targeted at the requesting country. Sometimes the arrest is not legal in the place where it is made. For example, in this case decided by the U.S. Supreme Court (the quote is from the official syllabus to the case): Respondent, a citizen and resident of Mexico, was forcibly kidnapped from his home and flown by private plane to Texas, where he was arrested for his participation in the kidnapping and murder of a Drug Enforcement Administration (DEA) agent and the agent's pilot. After concluding that DEA agents were responsible for the abduction, the District Court dismissed the indictment on the ground that it violated the Extradition Treaty between the United States and Mexico (Extradition Treaty or Treaty), and ordered respondent's repatriation. The Court of Appeals affirmed. Based on one of its prior decisions, the court found that, since the United States had authorized the abduction and since the Mexican government had protested the Treaty violation, jurisdiction was improper. Held: The fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. U.S. v. Alvarez-Machain, 504 U.S. 655 (1992). I mean can a country just bring to jail any youtuber outside its borders ( using its national language as the language of the video ) who uploads content of international appeal because of some law? If the country can manage to arrest the person, yes. There are high profile cases from Saudi Arabia where that has happened. See, e.g., here and here (a blogger and his sister arrested in Saudi Arabia, while his wife and children flee to Canada), here (journalists for Lebanese periodical arrested in Saudi Arabia in relation to years old publications) here (more journalists arrested in Saudi Arabia), here (&quot;A male Saudi Arabian teenager has been arrested in Riyadh over a series of online videos of conversations between him and a female Californian streaming-video star that went viral.&quot;), here (Yemeni blogger), and here (Washington Post journalist tortured and killed in Saudi Arabian embassy in Turkey at the direction of a senior member of the Saudi Arabian royal family). Also can a country just hold liable for youtube's data privacy practices a youtuber outside its borders and enforce the judgement if the practices of both youtuber and their chanell and youtube is legal in their home country? A country can hold anyone liable for anything its domestic laws allow it to hold someone liable for, and can enforce that judgment against any assets it can exert power over. Some countries with similar legal systems recognize each other's court judgments widely. Countries with very different legal systems often don't recognize each other's judgements. For example, most European countries do not recognize U.S. money judgment for torts (i.e. civil wrongs such as personal injury awards). Similarly, the U.S. does not recognize most foreign defamation judgments, and does not recognize most judgments of Saudi Arabian courts. One last thing is wether inclusion of ads make a difference? Usually not. But it can matter for purposes of assertions of lawsuit liability over someone outside the jurisdiction seeking to impose liability for something that harmed someone in their country. If conduct amounts to &quot;doing business&quot; in the country seeking to impose liability or amounts to a &quot;purposeful availment&quot; of the laws of the country seeking to impose liability in some why, an imposition of extraterritorial liability is more likely, and that tends to happen more in cases where there are ads that are commercial targeting the people of the country where the courts seek to impose liability.
You are looking for extraterritorial jurisdiction: As the term indicates, it connotes the exercise of jurisdiction, or legal power, outside territorial borders. This can include nations claiming jurisdiction over crimes in nearby bodies of water and to specific categories of crimes (such as sexual offenses against underage victims) committed by or against citizens while abroad. Wikipedia has a summary, including a few different nations' application of extraterritorial jurisdiction. The Cornell Law Review has a very extensive essay, What is Extraterritorial Jurisdiction?