Acknowledging service and defending the claim

Question 1

How can you respond to proceedings?

Answer 1

Acknowledge

Defend

File an admission

Question 2

Why file an acknowledgement of service?

Answer 2

if you are unable to file a defence in 14 days and need longer from the deemed date of service of the particulars of claim

Question 3

When to acknowledge service?

Answer 3

General rule is where the defendant is served with a claim form which states particulars are to follow 14 days after service of the particulars of claim and

Question 4

How do you acknowledge service?

Answer 4

The form for acknowledgement N9 is sent in the response pack to the defendant

In the form:
- D confirms the name is correctly stated
- D gives address for service of documents
- If D intends to defend whole or part of the claim and if they will contest jurisdiction

Question 5

What are the conditions for serving a defence?

Answer 5

It must be set out why the claim is disputed

it must be served on all the parties

must be within the time limit

Question 6

What are the deadlines for acknowledgement of service?

Answer 6

Filing an acknowledgement extends the deadline for filing a defence

If D does not file an acknowledgement he must file a defence in 14 days of deemed date of service of the particulars

If he does file, and wishes to defend it extends the deadline to 28 days after the deemed date of service since particulars of claim

Question 7

when may you get a longer period to file a defence?

Answer 7

where the claim form has been served out of jurisdiction

where d makes a claim disputing the court’s jurisdiction

where the claimant applies for a summary judgement before the defence is filed

when the court makes an order for service of a claim form on an agent of a principal who is overseas

Question 8

When can you extend a time period for filing a defence?

Answer 8

D and C can agree to extend for up t0 28 days - so d can have up to 56 days from deemed date of service

Court must be notified of the agreed extension in writing

If you cannot agree an extension you can apply to court for one - court will consider the overriding objective

Question 9

What happens if defendnat is served with a claim for a specified amount of money but he has already paid this?

Answer 9

They need to respond with a defence that states the money has been paid

Court will send a notice to C to check if this is true

C must respond within 28 days and the claim is stayed if they do not

C must serve a copy of his response on D

Claim will proceed as a defended claim if C wishes to pursue it.