Q&As

Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on: 12 May 2017
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cpr 11

CPR 11 concerns how a party may contest jurisdiction, either by arguing that the courts of England and Wales do not have jurisdiction to try a claim or by arguing that they should not exercise such jurisdiction because there is a more appropriate forum for the claim elsewhere (an argument on ‘non conveniens’ grounds). The purpose of having specific procedural rules is to avoid confusion regarding what steps will amount inadvertently to accepting jurisdiction, and to ensure that jurisdictional challenges are raised at an early stage.

The procedure set out is that the party seeking to contest jurisdiction must first file an acknowledgment of service in accordance with CPR Part 10. Failure to do so exposes the party to the usual risk of

Jonathan Edwards
Jonathan Edwards

Barrister, Radcliffe Chambers

Jonathan Edwards practises at Radcliffe Chambers in Lincoln’s Inn. He specialises in contested probate, claims to trust and estate assets, claims for partnership and estate accounts, property litigation including landlord and tenant, and insolvency and commercial disputes.

He is regularly instructed to represent clients in the High Court and County Court, and has been instructed to assist with proceedings in Jersey. Cases in which he has acted include Taylor v Taylor [2017] EWHC 1080 (Ch) and Burki v Seventy Thirty Limited [2018] EWHC 2151 (QB).

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United Kingdom
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CPR definition
What does CPR mean?

scco Guide defines this as the rules'>civil procedure rules which, supplemented by their practice directions, govern the procedure to be followed in most civil cases brought in the SCCO. The text of the CPR and the practice directions are set out in practitioner’s books such as the Civil Court Practice and may also be found on the justice.gov.uk website.

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