SERVICE POINTS 53: HOW DOES THE COURT PROTECT THE POSITION OF A PARTY WHO WANTS TO APPEAL DECISION IN RELATION TO JURISDICTION BUT RISKS “ACCEPTING” JURISDICTION IN THE MEANTIME? A PUZZLE SOLVED BY THE COURT OF APPEAL

This judgment highlights the risk that a party who wishes to dispute jurisdiction can accidentally accept it.  What, if any, steps should the courts take to protect an appellant in these circumstances.  The litigant may wish to appeal to a higher court, however filing an acknowledgement of service s...