Failing to apply in time to dispute jurisdiction after acknowledging service (CPR 11(4)-(5))
Meridian Freight Ltd was served at its London office with a claim form and particulars of claim brought by Castell Trading Ltd. Meridian believes the contract contains an exclusive jurisdiction clause in favour of the courts of New York. On Monday 2 March 2026 Meridian filed an acknowledgment of service, indicating that it intends to contest jurisdiction. It then took no further step. On 30 March 2026 its new solicitors propose to issue an application under CPR Part 11 for a declaration that the court should not exercise jurisdiction. No extension of time has been agreed or ordered.
Which of the following best describes Meridian's position under CPR Part 11?
Choose one answer to see the reasoning.
Worked answer
Correct answer D: Meridian is treated as accepting the court's jurisdiction, as it did not apply within 14 days after filing its acknowledgment of service.
THE RULE TO REMEMBER
A defendant disputing jurisdiction must file an acknowledgment of service and apply within 14 days after filing it, or be treated as accepting jurisdiction (CPR 11(4)-(5)).
Failing to apply in time to dispute jurisdiction after acknowledging service (CPR 11(4)-(5))
A defendant who wishes to dispute the court's jurisdiction, or to argue that the court should not exercise it, must first file an acknowledgment of service (CPR 11(2)). Filing the acknowledgment does not itself waive the challenge (CPR 11(3)). However, the application must be made within 14 days after filing the acknowledgment of service and be supported by evidence (CPR 11(4)). By CPR 11(5), a defendant who files an acknowledgment of service but does not make the application within that period is treated as having accepted that the court has jurisdiction to try the claim. Meridian filed its acknowledgment on 2 March 2026, so the 14 days expired long before 30 March. Indicating on the form an intention to contest jurisdiction does not replace the application. Unless the court were persuaded to extend time, Meridian is treated as having accepted jurisdiction.
Why A is wrong: Ticking the box is not enough; CPR 11(4) requires an application within 14 days after filing the acknowledgment.
Why B is wrong: CPR 11(3) states that filing an acknowledgment of service does not of itself lose the right to dispute jurisdiction.
Why C is wrong: CPR 11(5) treats a defendant who does not apply in time as having accepted the court's jurisdiction.
Why E is wrong: The time limit runs 14 days from filing the acknowledgment of service, not 28 days from service of the particulars.
A little more practice done.
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