--(1) A defendant who wishes-
----(a) to dispute the court's jurisdiction to try the claim; or
----(b) to argue that the court should not exercise its jurisdiction, may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.
--(2) A defendant who wishes to make such an application must first enter an appearance.
--(3) An application under this rule must be made within the period for filing a defence.
(Rule 10.3 sets out the period for filing a defence)
--(4) An application under this rule must be supported by evidence.
--(5) If the defendant-
----(a) enters an appearance; and
----(b) does not make such an application within the period for filing a defence, he is treated as having accepted that the court has jurisdiction to try the claim.
--(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including-
----(a) striking out any statement of case;
----(b) setting aside service of the claim form and statement of case; and
----(c) discharging any order made before the claim was commenced or the claim form served.
--(7) If on application under this rule the court does not make a declaration, it-
----(a) must make an order as to the period for filing a defence; and
----(b) may treat the hearing of the application as a case management conference.
(Part 26 sets out powers which the court may exercise on a case management conference)
--(8) Where a defendant makes an application under this rule, the period for filing a defence is extended until the time specified by the court under paragraph (7)(a) and such period may only be extended by an order of the court.
Notes
Amended by Legal Notice 233 of 2005.
Where service is irregular and a defendant wishes to dispute service, an application to dispute the court's jurisdiction pursuant to this rule must be made: see Sarah Young and Kathy Young Vlugter (Legal Personal Representatives of the Estate of Edwin Young also called Edwin Anthony Young. deceased) v. Lena Pegus and Guardian General Insurance Limited CV2008-00876.
As to the effect of failing to apply to dispute the court's jurisdiction on the basis of irregular service within the time for the filing of a defence, see Sarah Young and Kathy Young Vlugter (Legal Personal Representatives of the Estate of Edwin Young also called Edwin Anthony Young. deceased) v. Lena Pegus and Guardian General Insurance Limited CV2008-00876.
Back to Part (9. Appearance and Notice of Intention to Defend)
Previous Rule (9.6 Right to dispute jurisdiction not taken away by appearance)