This Practice Note considers making an application to challenge the court’s jurisdiction under cpr 11. It sets out considerations prior to making an application, ie the impact on the timetable for proceedings and the timing of making an application as well as obtaining extensions of time. It then considers the implications of successful and unsuccessful applications.

It can be difficult to interpret the provisions in CPR 11, because, as noted by the Privy Council in Texan Management Ltd v Pacific Electric Wire and Cable Company Ltd, CPR 11 is ‘inelegantly and inconsistently drafted'. It is therefore important to ensure due consideration of the authorities which provide an insight into the way in which CPR 11 will be interpreted by the courts.

For guidance on other aspects of challenging court jurisdiction, see Practice Notes:

1. •

   Challenging court jurisdiction—general principles

2. •

   Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)

3. •

   Challenging court jurisdiction—has a party submitted to a jurisdiction?

4. •

   Challenging court jurisdiction—appeals

Also consider whether the relevant Court Guide