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11 |
|
| | (1)
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A defendant who wishes to –
|
| | (a)
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dispute the court’s jurisdiction to try the
claim; or
|
|
| | (b)
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argue that the court should not exercise its
jurisdiction
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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)
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A defendant who wishes to make such an application must
first file an acknowledgment of service in accordance with Part 10.
|
|
| | (3)
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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)
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An application under this rule must –
|
| | (a)
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be made within 14
days after filing an acknowledgment of service;
and
|
|
| | (b)
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be supported by evidence.
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|
|
| | (5)
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If the defendant –
|
| | (a)
|
files an acknowledgment of service; and
|
|
| | (b)
|
does not make such an application within the
period specified in paragraph
(4),
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he is to be treated as having accepted that the court
has jurisdiction to try the claim.
|
|
| | (6)
|
An order containing a declaration that the court has no
jurisdiction or will not exercise its jurisdiction may also make further
provision including –
|
| | (c)
|
discharging any order made before the claim was
commenced or before the claim form was served; and
|
|
|
| | (7)
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If on an application under this rule the court does not
make a declaration –
|
| | (a)
|
the acknowledgment of service shall cease to have
effect;
|
|
| | (b)
|
the defendant may file a further acknowledgment
of service within 14 days or such other period as the court may direct;
and
|
|
| | (c)
|
the court shall give directions
as to the filing and service of the defence in a claim under Part 7 or the
filing of evidence in a claim under Part 8 in the event that a further
acknowledgment of service is filed.
|
|
|
| | (8)
|
If the defendant files a further acknowledgment of
service in accordance with paragraph (7)(b) he shall be treated as having
accepted that the court has jurisdiction to try the claim.
|
|
| | (9)
|
If a
defendant makes an application under this rule, he must file and serve his
written evidence in support with the application notice, but he need not before
the hearing of the application file
–
|
| | (a)
|
in a Part 7 claim, a defence; or
|
|
| | (b)
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in a Part 8 claim, any other written
evidence.
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