Challenging court jurisdiction—general principles

The following Dispute Resolution practice 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
  • Case management stay (SCA 1981/CPR 3.1)
  • Article 29 of Regulation (EU) 1215/2012, Brussels I (recast)—mandatory stay
  • Article 30 of Regulation (EU) 1215/2012, Brussels I (recast)—discretionary stay
  • Article 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast)—discretionary stay and third states
  • Article 27 of the Lugano Convention (mandatory stay)
  • Article 28 of the Lugano Convention (discretionary stay)
  • Brussels Convention
  • More...

Challenging court jurisdiction—general principles

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 England and Wales. 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 11 (timing and extensions of time)

Grounds for challenging the court's jurisdiction

There are a number of grounds on which a defendant may challenge the jurisdiction of the court including:

  1. the court does not have

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