Hoddinott and others v Persimmon Homes (Wessex) Ltd: CA 21 Nov 2007

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
Civil Procedure Rules 11(1)
England and Wales
Cited by:
CitedAktas 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 . .
CitedVenulum 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 . .
CitedCaine 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