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Civil Jurisdiction and Judgments

Civil Jurisdiction and Judgments, 8th Edition, (c) 2026

Page 309

CHAPTER 9

Disputing the jurisdiction of the English court

9.01 Objecting to the legal basis for jurisdiction; objecting to the exercise of jurisdiction

In the terminology now used in English law, in the sense that this is the language used by Part 11 of the Civil Procedure Rules, the jurisdiction of a court may be ‘disputed’ in two distinct senses. That is not to say that the two objections may not be made in the same procedural application, for a defendant may perfectly well say that the court has no jurisdiction, but that if it considers that it has, it should not exercise it. But they rest on completely different bases.

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