CA-2025-000771 - [2025] EWCA Civ 1347

The CPR

The relevant parts of the CPR that go directly to the appeal are Parts 9, 10 and 11. Rule 9.2 provides:

“When particulars of claim are served on a defendant, the defendant may –

Rule 10.1(3) provides that:

“A defendant must file an acknowledgment of service if –

(a)

they are unable to file a defence within the periods specified in rule 15.4; or

(b)

they wish to dispute the court’s jurisdiction.

(Part 11 sets out the procedure for disputing the court’s jurisdiction).”

Failure to file an AoS within the periods specified in r.10.3 can lead to a default judgment (r.10.2). Any AoS must be filed 14 days after service of the Particulars of Claim (where the defendant is served with a claim form which states the particulars of claim are to follow) or 14 days after service of the claim form in any other case (r.10.3).

Rule 11 provides that:

“(1)

A defendant who wishes to –

(a)

dispute the court’s jurisdiction to try the claim; or

(b)

argue that the court should not exercise its jurisdiction may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

(2)

A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.

(3)

A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

(4)

An application under this rule must –

(a)

be made within 14 days after filing an acknowledgment of service; and

(b)

be supported by evidence.

(5)

If the defendant –

(a)

files an acknowledgment of service; and

(b)

does not make such an application within the period specified in paragraph (4), he is to be treated as having accepted that the court has jurisdiction to try the claim…”