header-logo header-logo

29 November 2007
Issue: 7299 / Categories: Case law , Law digest
printer mail-detail

Civil litigation

Hoddinott v Persimmon Homes (Wessex) Ltd [2007] EWCA Civ 1203 [2007] All ER (D) 321 (Nov)

In CPR r 11(1), the word “jurisdiction” does not denote territorial jurisdiction but is a reference to the court’s power or authority to try a claim. Where the claim form has not been served in time, it is open to a defendant to argue that the court should not exercise its jurisdiction to try the claim.

A defendant who does not indicate on his acknowledgment of service of the claim form that he intends to dispute the jurisdiction of the court, is to be treated as having accepted that the court has jurisdiction to try the claim. An earlier application to set aside an order extending time for service of the claim form would, in the absence of such an indication, be treated as having been abandoned by reason of CPR rr 11(1)(a), 11(1)(b) and 11(5).

Issue: 7299 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll