Disputing or Submitting to the Court's Jurisdiction Flashcards
(8 cards)
Which of the following actions would likely be considered a submission to the court’s jurisdiction?
A. Filing an acknowledgment of service and nothing more
B. Applying to dispute jurisdiction within 14 days of acknowledgment of service
C. Sending a letter to the court indicating dissatisfaction with the claim
D. Filing a defence before disputing jurisdiction
D. Filing a defence before disputing jurisdiction
Explanation: Filing a defence goes beyond acknowledging service and constitutes submission. Once submitted, jurisdiction cannot be challenged.
Under CPR 11, how long after filing an acknowledgment of service does a party have to dispute the court’s jurisdiction?
A. 7 days
B. 10 days
C. 14 days
D. 21 days
C. 14 days
Explanation: The rules require a defendant to apply within 14 days after filing an acknowledgment of service to dispute the court’s jurisdiction.
Mark receives a claim form served on him in Germany. He believes the English court has no jurisdiction under common law. He files an acknowledgment of service, and 10 days later applies to dispute jurisdiction. What is the correct procedural position?
A. His application is late and will be dismissed automatically
B. His application is valid and made within the allowed period
C. He submitted to jurisdiction by acknowledging service
D. He must seek permission from the court to file the application
B. His application is valid and made within the allowed period
Explanation: CPR 11 allows 14 days after acknowledgment of service to file an application disputing jurisdiction.
Which of the following does NOT constitute proper grounds for disputing jurisdiction under CPR 11?
A. That the English court is not the appropriate forum
B. That the Hague Convention was misapplied
C. That the service was improper under CPR 6
D. That the claimant failed to provide full disclosure of the claim facts
D. That the claimant failed to provide full disclosure of the claim facts
Explanation: Incomplete disclosure is a matter for case management or possible strike-out, not jurisdiction.
A foreign defendant is served with a claim form at their London branch. They believe another court is a more appropriate forum. They file an acknowledgment of service and then file a defence without disputing jurisdiction. What is the result?
A. The defence is ignored, and jurisdiction is automatically denied
B. The defendant can still apply to challenge jurisdiction
C. The defendant has submitted to jurisdiction
D. The court will strike out the defence as invalid
C. The defendant has submitted to jurisdiction
Explanation: Filing a defence without first disputing jurisdiction amounts to submission. The opportunity to dispute jurisdiction is lost.
A defendant, based in Canada, is served with proceedings for a tort committed in England. He is unsure whether England is the proper forum and files a defence addressing the merits of the claim, while simultaneously filing an application disputing jurisdiction. What is the likely outcome?
A. The court will reject the jurisdiction challenge because the defendant submitted to jurisdiction by filing a defence.
B. The jurisdiction challenge will proceed because the defendant filed it within 14 days.
C. The court will decide jurisdiction based on the strength of the defence filed.
D. The court must suspend all proceedings until the jurisdiction issue is determined.
A. The court will reject the jurisdiction challenge because the defendant submitted to jurisdiction by filing a defence.
Explanation:
Under CPR 11, a defendant must not take any steps in the proceedings (such as filing a defence) before disputing jurisdiction. Filing a defence is treated as submitting to the court’s jurisdiction, which prevents a jurisdiction challenge, even if the CPR 11 application was filed within 14 days.
The claimant sues a French defendant in England, arguing that a contract contained a jurisdiction clause in favour of English courts. The defendant denies the clause’s validity and seeks to challenge jurisdiction. What must the defendant do?
A. Serve a defence raising the invalidity of the clause.
B. File an acknowledgment of service and apply within 14 days to dispute jurisdiction.
C. Serve a counterclaim and then dispute jurisdiction.
D. Ignore the proceedings until the issue is raised at trial.
B. File an acknowledgment of service and apply within 14 days to dispute jurisdiction.
Explanation:
According to CPR 11(2) and (4), the defendant must first file an acknowledgment of service indicating their intention to contest jurisdiction, then apply to the court within 14 days to challenge it. Taking any step beyond that, like serving a defence, would constitute submission.
Which of the following would most likely constitute submission to jurisdiction and prevent a later jurisdictional challenge?
A. Filing an acknowledgment of service and a separate CPR 11 application.
B. Attending a case management hearing solely to discuss procedural issues.
C. Filing a defence addressing only quantum, pending jurisdictional decision.
D. Filing a defence addressing only quantum, pending jurisdictional decision.
D. Filing a defence addressing only quantum, pending jurisdictional decision.
Explanation:
Filing any defence, regardless of whether it addresses liability or quantum, constitutes submission to the court’s jurisdiction. To preserve the right to dispute jurisdiction under CPR 11, the defendant must avoid engaging with the claim beyond filing the acknowledgment of service and the jurisdiction application.
