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Civil litigation

29 November 2007
Issue: 7299 / Categories: Case law , Law digest
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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).

Issue: 7299 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

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Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
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In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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