Civil Jurisdiction and Judgments
| Civil Jurisdiction and Judgments, 8th Edition, (c) 2026 |
Page 147
CHAPTER 6
Disputing the jurisdiction established by service in England
6.01 Objecting to the legal basis for jurisdiction; objecting to the exercise of jurisdiction
The effect of service of process on the defendant, whether within or out of the jurisdiction, is that the court has jurisdiction. However, the unilateral nature of the claimant’s act means that the defendant must be allowed an opportunity, if he wishes to avail himself of it, to be heard before the matter goes any further. He may consider three possible types of jurisdiction-related objection: we will identify all three, but in this chapter will deal only with the third, reserving the first and second for consideration in Chapter 9, the organisational reason for this being that they apply in equal measure to defendants who have been served out of the jurisdiction.