Disputing the jurisdiction of the English court

by Maura McIntosh, Herbert Smith Freehills LLP

A Practice note that provides comprehensive guidance on disputing the jurisdiction of the English court. This Practice note explains the grounds on which a party may challenge jurisdiction under CPR 11, covering the procedural requirements and potential pitfalls. It explores the rules under the common law, the Hague Convention on Choice of Court Agreements 2005 (Hague Convention), and the legacy European regime for older cases. Key topics include challenging jurisdiction based on defective service, arguing that England is not the appropriate forum (forum non conveniens), and the effect of foreign jurisdiction clauses. The guidance also addresses the relationship between CPR 11 and applications for a stay of proceedings under the Arbitration Act 1996. It offers valuable insight for litigants and practitioners navigating complex cross-border disputes. For an illustration of an application challenging the court's jurisdiction under CPR 11, see Case study, Disputing jurisdiction.