Challenging court jurisdiction—general principles


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Challenging court jurisdiction—general principles


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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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, where it does, that the court should exercise its discretion not to accept jurisdiction in the matter, eg on the basis of forum non conveniens. The grounds available for challenging the court’s jurisdiction are considered as well as 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

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Jurisdiction definition
What does Jurisdiction mean?

Jurisdiction means both the authority or power of the court to determine a dispute between parties as well as the territory over which the legal authority of a court extends.

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