Challenging court jurisdiction—application under CPR 11 (evidence)


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

Challenging court jurisdiction—application under CPR 11 (evidence)


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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When a claimant commences proceedings in the courts of England and Wales (English courts), a Defendant may seek to challenge the English court’s jurisdiction by making an application under CPR 11. This Practice Note sets out considerations when drafting evidence either for the defendant in support of it’s application to challenge the court’s jurisdiction or for the claimant when opposing such application. The Rules for disputing the court’s jurisdiction are set out in CPR 11.

For associated guidance, see Practice Notes:

  1. •

    Challenging court jurisdiction—application under CPR 11 (general considerations)

  2. •

    Challenging court jurisdiction—application under CPR 11 (Timing and extensions of time)

For precedent witness statements, see Precedents:

  1. •

    defendant—Witness statement in support of an application to challenge English court jurisdiction

  2. •

    claimant—Witness statement opposing an application to challenge English court jurisdiction

When evidence is to be provided

CPR 11(4) states that the application must be made within 14 days after filing an acknowledgment of service and be supported by evidence. An issue arose in El Haddad v Al Rostamani (2024) as to

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Jurisdiction(s):
United Kingdom
Key definition:
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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