Responding to a claim - Disputing the court's jurisdiction

Learning Outcomes

This article outlines the procedure for a defendant who wishes to dispute the court's jurisdiction to try a claim issued against them in England and Wales. It covers the initial steps required under the Civil Procedure Rules (CPR) Part 11, including acknowledging service and making the formal application. After reading this article, you should understand the key procedural requirements, time limits, and potential consequences involved when challenging the court’s jurisdiction, enabling you to apply these principles to SQE1-style questions.

SQE1 Syllabus

For SQE1, you need to understand the practical steps a defendant must take when they believe the courts of England and Wales are not the appropriate forum to hear the claim. This involves knowing the specific rules under CPR Part 11 and the consequences of failing to follow them correctly. Your understanding will be tested on your ability to apply these rules to scenario-based questions.

As you work through this article, remember to pay particular attention in your revision to:

  • the procedure for acknowledging service when intending to dispute jurisdiction
  • the time limits for acknowledging service and filing the application notice
  • the consequences of failing to follow the correct procedure
  • the basic concept of disputing jurisdiction.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Within how many days of deemed service of the particulars of claim must a defendant file an acknowledgment of service if they intend to dispute the court's jurisdiction?
    1. 7 days
    2. 14 days
    3. 21 days
    4. 28 days
  2. After filing an acknowledgment of service indicating an intention to dispute jurisdiction, within how many days must the defendant file the application notice under CPR Part 11?
    1. 7 days
    2. 14 days
    3. 21 days
    4. 28 days
  3. What is the primary consequence if a defendant files an acknowledgment of service indicating an intention to defend the claim on its merits, instead of disputing jurisdiction?
    1. The defendant is barred from raising any defence later.
    2. The defendant is deemed to have accepted the court's jurisdiction.
    3. The claimant automatically wins the case.
    4. The case is automatically transferred to a different court.

Introduction

When a defendant is served with a claim form and particulars of claim issued from a court in England and Wales, they may believe that the court does not have the legal authority or is not the appropriate place to hear the dispute. This legal authority of a court to hear a case is known as its jurisdiction. The defendant has a specific procedure to follow if they wish to challenge this.

Key Term: Jurisdiction
The legal power and authority of a court to hear and determine a case or make orders.

The process for disputing the court's jurisdiction is governed primarily by CPR Part 11 ('Disputing the court’s jurisdiction'). It involves a two-stage process that must be followed within strict time limits. Failure to comply with this procedure can result in the defendant being treated as having accepted the court's jurisdiction.

Procedure for Disputing Jurisdiction

A defendant who wishes to dispute the court’s jurisdiction to try the claim (or argue that the court should not exercise its jurisdiction) must follow the steps outlined in CPR Part 11.

Step 1: File an Acknowledgment of Service

The first essential step is for the defendant to file an acknowledgment of service under CPR Part 10 within 14 days of deemed service of the particulars of claim.

Key Term: Acknowledgment of Service
A formal document filed by the defendant at court indicating their intention in response to the claim, such as intending to defend the claim or dispute jurisdiction.

It is important that when completing the acknowledgment of service form (Form N9), the defendant explicitly ticks the box indicating an intention to contest jurisdiction. Ticking the box for intending to defend the claim will result in the defendant being deemed to have accepted the court's jurisdiction (CPR 11(5)).

Filing the acknowledgment of service correctly serves two main purposes:

  1. It prevents the claimant from obtaining default judgment against the defendant for failing to respond to the claim.
  2. It signals the defendant's intention to challenge the court's authority without submitting to it.

Step 2: Make the Application

The second step requires the defendant to make a formal application to the court under CPR Part 11(1). This application must be made within 14 days after filing the acknowledgment of service (CPR 11(4)(a)).

The application must be made using an application notice (Form N244) and must be supported by evidence, typically in the form of a witness statement. The evidence should set out the reasons why the defendant believes the court does not have jurisdiction or should not exercise it. Common grounds include:

  • A contractual agreement between the parties specifying a different jurisdiction (e.g., the courts of another country).
  • The courts of England and Wales not being the most appropriate forum to hear the dispute (based on principles sometimes referred to as forum non conveniens).

Consequences of Procedural Failure

Failure to make the application within the 14-day period after filing the acknowledgment of service has serious consequences. The defendant will be treated as having accepted the jurisdiction of the court (CPR 11(5)).

Worked Example 1.1

Alpha Ltd, a company based in England, is served with particulars of claim by Beta GmbH, a German company, on 1st March. Alpha Ltd believes the contract stipulates that disputes must be heard in Germany. Alpha Ltd files an acknowledgment of service on 10th March, indicating an intention to defend the claim on its merits. On 20th March, Alpha Ltd applies under CPR Part 11 to dispute jurisdiction. What is the likely outcome?

Answer: Alpha Ltd's application to dispute jurisdiction is likely to fail. By filing an acknowledgment of service indicating an intention to defend the claim on its merits, Alpha Ltd is treated as having accepted the court's jurisdiction under CPR 11(5). Furthermore, the application under CPR Part 11 was made more than 14 days after filing the acknowledgment of service.

Exam Warning

Pay close attention to the dates provided in exam scenarios. Calculating the 14-day periods for acknowledging service and making the Part 11 application is important. Remember that filing an acknowledgment of service indicating an intention to defend submits the defendant to the jurisdiction.

Outcome of the Application

If the defendant successfully follows the procedure, the court will hear the application to dispute jurisdiction.

  • If the court agrees with the defendant, it may make an order declaring it has no jurisdiction, setting aside the claim form and service, or staying the proceedings (CPR 11(6)). The proceedings in England and Wales effectively end.
  • If the court disagrees with the defendant and dismisses the application, the acknowledgment of service filed previously ceases to have effect. The defendant must then file a further acknowledgment of service within 14 days if they intend to defend the claim on its merits (CPR 11(7)). The time for filing a defence then runs from the date of filing the further acknowledgment of service.

Revision Tip

Focus on the procedural steps and deadlines under CPR Part 10 and Part 11. Exam questions often test understanding of the correct sequence and timing, and the consequences of getting it wrong. The substantive reasons for challenging jurisdiction are complex and less likely to be the primary focus at SQE1 level compared to the procedure itself.

Worked Example 1.2

Charlie, based in Scotland, is sued in the English courts by Dave, based in London, over a contract dispute. The contract contains no jurisdiction clause. Charlie believes a Scottish court is more appropriate. Charlie correctly files an acknowledgment of service indicating an intention to dispute jurisdiction within 14 days of service of the particulars of claim. He then files his application notice under CPR Part 11, supported by evidence, 10 days later. The English court dismisses his application. What must Charlie do next if he wishes to defend the claim?

Answer: Since the court dismissed his application, Charlie's original acknowledgment of service ceases to have effect. Under CPR 11(7), he must file a further acknowledgment of service within 14 days of the court's order dismissing his application. This further acknowledgment would indicate his intention to defend the claim on its merits. The time for filing his defence (usually 14 days) will then start to run from the date he files this further acknowledgment.

Key Point Checklist

This article has covered the following key knowledge points:

  • A defendant can challenge the court's jurisdiction under CPR Part 11 if they believe the courts of England and Wales lack authority or are not the appropriate forum.
  • The process requires filing an acknowledgment of service (CPR Part 10) within 14 days of service of the particulars of claim, specifically indicating the intention to dispute jurisdiction.
  • Following the acknowledgment, a formal application notice supported by evidence must be filed within a further 14 days (CPR Part 11).
  • Failure to follow the procedure correctly, or within the time limits, results in the defendant being deemed to have accepted the court's jurisdiction.
  • If the jurisdictional challenge fails, the defendant must file a further acknowledgment of service if they wish to defend the claim on its merits.

Key Terms and Concepts

  • Jurisdiction
  • Acknowledgment of Service
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