Challenging court jurisdiction—general principles
Challenging court jurisdiction—general principles

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

  • Challenging court jurisdiction—general principles
  • Grounds for challenging the court's jurisdiction
  • Stays in favour of proceedings in another country
  • Challenging jurisdiction before proceedings are commenced
  • Challenging jurisdiction once proceedings have commenced—CPR 11
  • What is meant by the term’ jurisdiction’ for the purposes of CPR 11?
  • CPR 11 and challenging jurisdiction within the UK
  • Interplay between CPR 11 and the Defamation Act 2013
  • Interplay between CPR 11 and the Insolvency Act
  • Interplay between CPR 11 and CPR 86 (Stakeholder applications)

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

This Practice Note considers the general principles to consider when challenging or disputing the court’s jurisdiction. A challenge may be brought on the basis that either the court does not have territorial jurisdiction or that although the court has jurisdiction it should exercise its discretion not to accept jurisdiction in the matter eg on the basis of forum non conveniens. This Practice Note sets out the grounds available for challenging the court’s jurisdiction and considers whether a stay must or may be sought in favour of proceedings commenced in a country outside the UK. The Practice Note identifies how to make a challenge either prior to or following commencement of proceedings and explains what is meant by the term ‘jurisdiction’ for the purposes of CPR 11. It also covers challenging court jurisdiction within the UK as well as the interplay between CPR 11 and the Defamation Act 2013 (DA 2013).

For detailed guidance on issues relevant when dealing with challenging court jurisdiction, see Practice Notes:

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

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

  3. Challenging court jurisdiction—application under CPR