Hoddinott v Persimmon Homes (Wessex) Ltd [2007] EWCA Civ 1203 [2007] All ER (D) 321 (Nov)
In CPR r 11(1), the word “jurisdiction” does not denote territorial jurisdiction but is a reference to the court’s power or authority to try a claim. Where the claim form has not been served in time, it is open to a defendant to argue that the court should not exercise its jurisdiction to try the claim.
A defendant who does not indicate on his acknowledgment of service of the claim form that he intends to dispute the jurisdiction of the court, is to be treated as having accepted that the court has jurisdiction to try the claim. An earlier application to set aside an order extending time for service of the claim form would, in the absence of such an indication, be treated as having been abandoned by reason of CPR rr 11(1)(a), 11(1)(b) and 11(5).
