38. Procedure for disputing the Court's jurisdiction

(1) This Rule does not apply to a claim form filed in the Small Claims Division to which Part 37 applies or to a claim form filed in the Employment Division to which Part 38 applies.
(2) A defendant who wishes to dispute the Court’s jurisdiction to try the claim, or who wishes to argue that the Court should not exercise its jurisdiction, may apply to the Court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.
(3) A defendant who wishes to make such an application must first file and serve an acknowledgment of service in accordance with Rules 35 and 37.
(4) A defendant does not lose any right that he may have to dispute the Court’s jurisdiction by filing and serving an acknowledgment of service.
(5) An application under this Rule must be made within 28 days after being served with the claim and be supported by written evidence.
(6) If the defendant files an acknowledgment of service but does not make such an application within the period specified in paragraph (5), he is to be treated as having accepted that the Court has jurisdiction to try the claim.
(7) An order containing a declaration that the Court has no jurisdiction or will not exercise its jurisdiction may make such further provision as to the future conduct of the proceedings or otherwise as the Court considers appropriate.
(8) If, on an application under this Rule, the Court does not make a declaration, the Court shall give directions as to the filing and service of the defence or, in the case of a claim under the Rule 30 procedure, any written evidence.
(9) If a defendant makes an application under this Rule, he must file and serve his written evidence in support with the application notice, but he need not, before the hearing of the application, file a defence or, in the case of a claim under the Rule 30 procedure, any other written evidence.
Amended on June 1, 2017
Amended on November 2, 2020
Amended on February 15, 2021