Acknowledgement of service

Question 1

Once the defendant has been served with the particulars of claim, what happens next?

Answer 1

The defendant will usually have a choice of whether to acknowledge service or file a defence.

Question 2

What happens if the defendant fails to acknowledge service and respond in a set time?

Answer 2

The claimant can usually enter judgement

Question 3

When can default judgement be entered by the claimant, if the claim form was served with the particulars of claim?

Answer 3

On the 15th day after deemed service of the claim form

Question 4

When can default judgement be entered by the claimant, if the particulars of claim were served after the claim form was served?

Answer 4

On the 15th day after deemed service of the particulars of claim

Question 5

What needs to be stated on the acknowledgement form?

Answer 5

The defendant should put his name in full, his address for service, and whether he intends to defend all or part of the claim.

Question 6

If the defendant is a partnership, how is acknowledgement obtained?

Answer 6

Service must be acknowledged in the name of the partnership and may be signed by any partners at the time the action accrued

Question 7

If the defendant is a registered company, how is acknowledgement obtained?

Answer 7

A person holding a senior position in the company can sign the acknowledgement

Question 8

What happens if the defendant wishes to dispute jurisdiction?

Answer 8

He must indicate this on the acknowledgement of service, and then challenge the jurisdiction by making an application within 14 days

Question 9

What is the time limit which the defendant must abide by if wanting to raise a defence?

Answer 9

He must file a defence either 14 days after service of the particulars of claim, or if the defendant files an acknowledgement of service then it is 28 days after service of the particulars of claim

Question 10

Can the time limit for the defendant be extended?

Answer 10

The time for filing a defence can be extended for up to 28 days, if agreed between the parties. Any further extensions must be authorised by the court.

Question 11

Where is the defence filed?

Answer 11

The defence is filed and copies should be served on all other parties. The court will effect service unless the defendant’s solicitor has told the court that he will do so