The claimant had issued proceedings and the defendant filed an acknowledgement, and then argued that the court had no jurisdiction. The claimant appealed against an order declining jurisdiction.
Held: Where a party filed an acknowledgement, that was an acceptance of the court’s jurisdiction unless at the same time it was made clear that the acknowledgement was subject to a protest as to jurisdiction. The defendant not having done this, jurisdiction had been accepted by the defendant, and the appeal was allowed.
Sir Anthony Clarke MR, Dyson, Jacob LJJ
[2007] EWCA Civ 1203, Times 28-Dec-2007, [2008] 1 WLR 806, [2008] CP Rep 9
Bailii
Civil Procedure Rules 11(1)
England and Wales
Cited by:
Cited – Aktas v Adepta CA 22-Oct-2010
The court was asked whether, when a claim was issued towards the very end of a limitation period, but was then not served, and the claim was struck out, CPR Part 7.5(1) gave a further four months in which it could be resurrected at the discretion of . .
Cited – Venulum Property Investments Ltd v Space Architecture Ltd and Others TCC 22-May-2013
The claimant sought an extension of time to serve the Particulars of Claim. The solicitors said that they had misread the relevant Rules.
Held: The solicitors had acted on the basis of the former practice, but the rules had been substantially . .
Cited – Caine v Advertiser and Times Ltd and Another QBD 14-Jan-2019
Appeal against an order staying permanently the claim for libel, raising a point about the procedure by which a defendant should challenge a failure to serve proceedings in time. . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Litigation Practice
Updated: 03 January 2022; Ref: scu.261453