Regulation 5

A defendant who wishes to contest an originating claim or an originating application has to file and serve his or her defence to an originating claim, or his or her affidavit if he or she wishes to introduce evidence in the originating application.

If the defendant is challenging the jurisdiction of the Court on the ground that the parties have agreed to refer their dispute to arbitration or on any other ground, he or she need not file and serve his or her defence or affidavit on the merits but must file and serve a defence or affidavit stating the ground on which he or she is challenging the jurisdiction of the Court.

The challenge to jurisdiction may be for the reasons that the Court —

A defendant who is challenging the jurisdiction of the Court has to state so in his or her defence or affidavit, and the filing and service of such a defence or affidavit will not be treated as submission to the jurisdiction of the Court.