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# Part 12 Disputing the Court’s Jurisdiction

Contents of this Part
Title | Number
--- | ---
Procedure for disputing the court’s jurisdiction | Rule 115

## Procedure for disputing the court’s jurisdiction

### 115

(1) A respondent who wishes to –

(a) dispute the court’s jurisdiction to hear the application; or

(b) 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.

(2) An application under this rule must –

(a) be made within 14 days beginning with the date on which the notice of the directions hearing is sent to the parties; and

(b) be supported by evidence.

(3) If the respondent does not make an application within the period specified in paragraph (2) he is to be treated as having accepted that the court has jurisdiction to hear the application.

(4) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including –

(a) setting aside the application form;

(b) discharging any order made before the application was commenced or, where applicable, before the application form was served; and

(c) staying the proceedings.

(5) If a respondent makes an application under this rule, he must file his written evidence in support with the application notice, but he need not before the hearing of the application file any other written evidence.

(6) Paragraph (4) does not apply to proceedings in a magistrates’ court.

Published by TSO on behalf of the Ministry of Justice

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