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

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Challenging court jurisdiction—application under CPR 11 (general considerations)
  • Notifying an intention to challenge the court’s jurisdiction
  • Withdrawing an application to challenge the court’s jurisdiction
  • Do proceedings continue pending the challenge application?
  • Claimant
  • Defendant—defence
  • Interim applications
  • The application
  • Alternative applications to dispute court jurisdiction or for the court not to exercise its jurisdiction
  • Example bases of challenge
  • More...

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

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 and whether an appeal can be made. For guidance on other aspects of challenging court jurisdiction, see Practice Notes:

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

  2. Challenging court jurisdiction—general principles

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

This Practice Note provides guidance on the interpretation and application of relevant provisions of the CPR. Court Guides may also contain guidance and so where the matter is progressing in a court that has a court guide, consideration should be given to any relevant guidance within the applicable court guide. For further guidance, see: Court specific guidance.

The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, including, in particular, the impact on the application of either Regulation (EU) 1215/2012, Brussels I (recast) or the Lugano Convention 2007 (both of which are discussed below) after IP completion day (ie after 31 December 2020), see the following Practice Notes:

  1. Brexit post implementation period—considerations for

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