Challenging court jurisdiction—application under CPR 11 (general considerations)


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Challenging court jurisdiction—application under CPR 11 (general considerations)


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
imgtext

This Practice Note considers making an application to challenge the court’s jurisdiction under cpr 11. It sets out considerations prior to making an application, ie the impact on the timetable for proceedings and the timing of making an application as well as obtaining extensions of time. It then considers the implications of successful and unsuccessful applications.

It can be difficult to interpret the provisions in CPR 11, because, as noted by the Privy Council in Texan Management Ltd v Pacific Electric Wire and Cable Company Ltd, CPR 11 is ‘inelegantly and inconsistently drafted'. It is therefore important to ensure due consideration of the authorities which provide an insight into the way in which CPR 11 will be interpreted by the courts.

For guidance on other aspects of challenging court jurisdiction, see Practice Notes:

  1. •

    Challenging court jurisdiction—general principles

  2. •

    Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)

  3. •

    Challenging court jurisdiction—has a party submitted to a jurisdiction?

  4. •

    Challenging court jurisdiction—appeals

Also consider whether the relevant Court Guide

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Jurisdiction definition
What does Jurisdiction mean?

Jurisdiction means both the authority or power of the court to determine a dispute between parties as well as the territory over which the legal authority of a court extends.

Read more readmore

Popular documents

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions, a form of injunction used to restrain a party from either commencing or continuing proceedings in a foreign court. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction.

Cross-border enforcement—CJJA 1982 and submission to the foreign court's jurisdiction

Cross-border enforcement—CJJA 1982 and submission to the foreign court's jurisdictionThis Practice Note considers the position under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) where enforcement proceedings for a foreign judgment are brought in the courts of England and Wales and there

Rome I—parties fail to choose the applicable law

Rome I—parties fail to choose the applicable lawThis Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations, commonly known as Rome I, to circumstances in which the parties have not chosen the applicable law. It considers the law

Rome I—application and interpretation

Rome I—application and interpretationThis Practice Note provides an explanation as to when and why Regulation (EC) 593/2008, Rome I was introduced. It covers the implementation of Regulation (EC) 593/2008, Rome I and the countries which are signatories, and therefore subject to the regulation, and