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Rule 87 Procedure for disputing the court’s jurisdiction

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who wishes to—

(a)

dispute the court’s jurisdiction to hear an application; or

(b)

argue that the court should not exercise its jurisdiction,

may apply to the court at any time for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction that it may have.

(2)

An application under this rule must be—

(a)

made by using the form specified in the relevant practice direction; and

(b)

supported by evidence.

(3)

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;

(b)

discharging any order made; and

(c)

staying the proceedings.