Legal Services
JURISDICTION TRAP EXPOSED
The Court of Appeal has just analysed CPR 11—challenging jurisdiction—and you may be surprised at the result. In Hoddinott and others v Persimmon Homes (Wessex) Ltd [2007] EWCA Civ 1203, [2007] All ER (D) 321 (Nov) the claimant had secured an extension of time for service of the claim form. But when the defendant received an “information only” copy of the claim from the claimant’s solicitors it applied to set aside the extension order. Formal service followed later but it was out of time. The defendant filed an acknowledgment of service stating that it did not intend to contest jurisdiction or to defend. CPR 11(1) requires a defendant who wishes to contest jurisdiction to try a claim to file an acknowledgement and follow up with an application within 14 days of filing. The Court of Appeal ruled that in filing an acknowledgment and not making that application, the claimant was treated as having accepted jurisdiction notwithstanding late service and as having abandoned its set aside application. Jurisdiction in CPR 11(1) had nothing to do with territorial jurisdiction but with the court’s
