The Rules of the Supreme Court (Writ and Appearance) 1979

13.  For Order 12, rules 7 and 8, there shall be substituted the following rules:—

“Acknowledgment not to constitute waiver

7.   The acknowledgment by a defendant of service of a writ or notice of a writ shall not be treated as a waiver by him of any irregularity in the writ or notice or service thereof or in any order giving leave to serve the writ or notice out of the jurisdiction or extending the validity of the writ for the purpose of service.

   

Dispute as to jurisdiction

8.— (1) A defendant who wishes to dispute the jurisdiction of the court in the proceedings by reason of any such irregularity as is mentioned in rule 7 or on any other ground shall give notice of intention to defend the proceedings and shall, within 14 days thereafter, apply to the Court for—

(a) an order setting aside the writ or service of the writ or notice of the writ on him, or

(b) an order declaring that the writ or notice has not been duly served on him, or

(c) the discharge of any order giving leave to serve the writ or notice on him out of the jurisdiction, or

(d) the discharge of any order extending the validity of the writ for the purpose of service, or

(e) the protection or release of any property of the defendant seized or threatened with seizure in the proceedings, or

(f) the discharge of any order made to prevent any dealing with any property of the defendant, or

(g) a declaration that in the circumstances of the case the court has no jurisdiction over the defendant in respect of the subject matter of the claim or the relief or remedy sought in the action, or

(h) such other relief as may be appropriate.

(2) Order 3, rule 5, shall apply in relation to the period of 14 days mentioned in paragraph (1) with the modification that the said period may be extended by the Court only on an application made before the expiration of the period.

(3) An application under paragraph (1) must be made—

(a) in an Admiralty action in rem, by motion;

(b) in any other action in the Queen's Bench Division, by summons;

(c) in any other action, by summons or motion,

and the notice of motion or summons must state the grounds of the application.

(4) An application under paragraph (1) must be supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the notice of motion or summons by which the application is made.

(5) Upon hearing an application under paragraph (1), the Court, if it does not dispose of the matter in dispute, may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.

(6) A defendant who makes an application under paragraph (1) shall not be treated as having submitted to the jurisdiction of the court by reason of his having given notice of intention to defend the action; and if the Court makes no order on the application or dismisses it, the notice shall cease to have effect, but the defendant may, subject to rule 6(1), lodge a further acknowledgment of service and in that case paragraph (7) shall apply as if the defendant had not made any such application.

(7) Except where the defendant makes an application in accordance with paragraph (1), the acknowledgment by a defendant of service of a writ or notice of a writ shall, unless the acknowledgment is withdrawn by leave of the Court under Order 21, rule 1, be treated as a submission by the defendant to the jurisdiction of the Court in the proceedings.”