Challenging court jurisdiction

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When the claimant has commenced proceedings, the defendant(s) may seek to challenge the court’s jurisdiction to determine the issues in dispute. There are a number of considerations for both the claimant(s) and the defendant(s) in this regard. For understanding of what is meant by the term ‘jurisdiction’ when dealing with cross-border litigation, see Practice Note: Jurisdiction—a guide for dispute resolution practitioners. This explains the importance of determining which court has jurisdiction and how the courts of England and Wales will determine whether they have jurisdiction to determine a particular dispute. There are a number of jurisdiction regimes the courts can apply to determine jurisdiction and it can be difficult to determine which one applies. Once the relevant jurisdiction regime has been identified, navigating through it in terms of both its scope and application is also not always straightforward. This Practice Note aims to assist with this process by identifying the main jurisdictional regimes and it also considers issues relevant to jurisdiction such as jurisdiction agreements, the domicile of the defendant, staying proceedings in favour of a court with jurisdiction or seeking a declaration that a court does not

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