UK Notary PIL Practice Questions - UK Notarial Practice Course - Private International Law Exam

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A Spanish defendant enters an appearance in an English High Court breach of contract action and defends the claim on its merits without challenging jurisdiction. What is the jurisdictional consequence under retained Brussels I Recast Article 26?

The English court must dismiss the action for lack of initial jurisdiction. The English court acquires jurisdiction by virtue of the defendant's voluntary appearance. The court must stay proceedings and refer the parties to Spanish courts. The appearance is void unless sanctioned by a Spanish judge.

Correct Answer:

The English court acquires jurisdiction by virtue of the defendant's voluntary appearance.

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