Acknowledgement of service

Question 1

why is this filed?

Answer 1

• to give D 28 days from deemed service of POC to file defence
• to dispute the court’s jurisdiction

Question 2

how is the court’s jurisdiction disputed?

Answer 2

1. D must dispute jurisdiction on AOS and file this within 14 days of deemed service of POC
2. D must make an application within 14 days of filing AOS

NB: filing AOS doesn’t give 28 days from deemed service of POC to make app, it gives 14 days from filing AOS to make app

Question 3

on what grounds can D dispute the court’s jurisdiction?

Answer 3

1. Court doesn’t have jurisdiction
2. Court has jurisdiction but shouldn’t exercise

Question 4

on what basis could D argue the court didn’t have jurisdiction?

Answer 4

Countries which are party to the Hague Convention have agreed to honour exclusive jurisdiction clauses in a contract.

If E+W is not nominated in the contract, the court must decline jurisdiction.

Question 5

on what basis could D argue that the court has jurisdiction, but should exercise it?

Answer 5

under common law, English courts have jurisdiction to hear any case where the claim form was served on D in E+W.

D can object if there is a more appropriate forum (forum non conveniens) i.e. their own country

Question 6

what happens if the application is granted?

Answer 6

Declaration the court doesn’t have jurisdiction or has jurisdiction but won’t exercise because forum non conveniens

+ may make an order to set aside CF/stay proceedings

Question 7

what happens if the application is refused?

Answer 7

AOS ceases to have effect + must be re-filed within 14 days