Challenging the courts jurisdiction

What is jurisdiction?

Jurisdiction is a fundamental principle in legal proceedings, determining the authority of a court to hear and decide a case.

In civil litigation, jurisdiction is a prerequisite for the courts of England and Wales to determine disputes. It is closely linked to the concept of service, as the ability to serve proceedings within or outside the jurisdiction often determines whether the court has the authority to hear a case.

The claimant must demonstrate that the dispute falls within one of the jurisdictional gateways outlined in the Civil Procedure Rules Practice Direction 6B, para 3.1, and that England and Wales is the appropriate forum to hear the dispute, applying the forum non conveniens test.

If a defendant who is served with a claim form thinks that the English courts are not the appropriate forum to bring the claim, the defendant should take immediate steps to dispute the court’s jurisdiction.  

How to dispute jurisdiction?

Accompanying the claim form will be a response pack and notes explaining what next steps the defendant can take and the response pack consists of a defence form, an admission form and an Acknowledgment of Service.

An Acknowledgment of Service is a procedural document filed by a defendant in response to a claim brought against them. It serves multiple purposes, including indicating the defendant’s intention to defend the claim contest the court’s jurisdiction or admit liability. It also provides the defendant with additional 14 days to file a defence to a claim.

Within the Acknowledgment of Service Form is a box for the Defendant to tick to indicate an intention to dispute the court’s jurisdiction. Having then filed the Acknowledgment of Service, the defendant then has 14 days to make an application to the court to challenge the jurisdiction. There are two grounds for making the application being (1) a dispute that the court has any jurisdiction to hear the case or (2) an acceptance that the court has jurisdiction but requesting that the court does not exercise its jurisdiction on the grounds of forum non conveniens (where the court acknowledges that another court where the case might have been brought is a more appropriate venue for a legal case).

If the defendant fails to make the application, then he is deemed to have submitted to the court’s jurisdiction and the case proceeds. There is no requirement to file a defence before the hearing to deal with the application to challenge the court’s jurisdiction.

What are the possible outcomes to an application to dispute jurisdiction?

If the defendant’s application to dispute jurisdiction is successful then in addition to an order declaring that the court has no jurisdiction or will not exercise its jurisdiction, it can also order that the claim be set aside, struck out or that proceedings be stayed.  

If the Defendant is unsuccessful in their application to dispute jurisdiction, then the Court will ordinarily, dismiss the application and provide a deadline by which the defendant has to file any defence to the claim. The Court can also order the defendant to pay the claimant’s costs of opposing the application.

Consider jurisdiction before bringing a claim

It is important, therefore, that where you wish to bring a claim against a defendant who is either a company with a registered address outside of England and Wales or an individual domiciled outside of England and Wales, that you consider whether the English Courts have jurisdiction to hear the claim.

If, for example, your claim is based on a contract which expressly provides that the English Courts have exclusive jurisdiction to hear all disputes arising from the contract, then you are going to have a strong basis to demonstrate that the English Court does have jurisdiction and that you are in a strong position to oppose any application made by a defendant attempting to dispute jurisdiction. If there is no exclusive jurisdiction clause in the relevant contract or if the claim which does not arise from a contract, then it is important to consider what are the connecting factors between the circumstances which gave rise to the claim and the English Courts.

Jurisdiction dispute legal advice

The Dispute Resolution Team at Boyes Turner has significant experience in claims which have a cross-border element and have successfully brought claims for their clients in the English Courts in relation to Defendants not only in Europe but worldwide. We have also successfully opposed applications disputing the court’s jurisdiction on behalf of clients.

If you have any jurisdiction queries in relation to a case you are considering bringing or a claim being brought against you, then please do contact our dispute team at [email protected].