9.7 Procedure for disputing court's jurisdiction
-
(1) A defendant who disputes the court's jurisdiction to try the claim may apply to the court for a declaration to that effect.
-
(2) A defendant who wishes to make an application under paragraph (1) must first file an acknowledgement of service.
-
(3) An application under paragraph (1) of this rule must be made within the period for filing a defence; the period for making an application under this rule includes any period by which the time for filing a defence has been extended where the court has made an order, or the parties have agreed, to extend the time 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 on affidavit.
-
(5) A defendant who —
-
(a) files an acknowledgement of service; and
-
(b) does not make an application under this rule within the period for filing a defence, is treated as having accepted that the court has jurisdiction to try the claim.
-
(6) An order under this rule may also —
-
(a) discharge an order made before the claim was commenced or the claim form served;
-
(b) set aside service of the claim form; and
-
(c) strike out a statement of claim.
-
(7) If on application under this rule the court does not make a declaration, it —
-
(a) may—
-
(i) fix a date for a case management conference; or
-
(ii) treat the hearing of the application as a case management conference; and
-
(b) must make an order as to the period for filing a defence.
• Part 26 sets out powers which the court may exercise at 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)(b) and such period may be extended only by an order of the court.
• Rule 10.3(4) deals with an application to stay proceedings where there is a binding agreement to arbitrate.