Acknowledging Service and Defending the Claim Flashcards
When must a defendant file an acknowledgment of service if they intend to dispute jurisdiction?
A. Within 14 days of the deemed date of service of the claim form.
B. Within 7 days of the deemed date of service of the particulars of claim.
C. Within 28 days of the deemed date of service of the claim form.
D. Within 14 days of the deemed date of service of the particulars of claim.
A – Within 14 days of the deemed date of service of the claim form.
Explanation: Under CPR 10.3, a defendant must file an acknowledgment of service within 14 days of the deemed date of service of the claim form if they wish to dispute jurisdiction.
What happens if a defendant fails to file a defence or acknowledgment of service within the prescribed time?
A. The claimant can request or apply for default judgment.
B. The defendant automatically has another 14 days to file a defence.
C. The claim is automatically struck out.
D. The court will send a warning notice before any action is taken.
A – The claimant can request or apply for default judgment.
Explanation: Under CPR 12, if the defendant does not respond in time, the claimant can request default judgment, meaning the claim is decided in the claimant’s favour without a hearing.
If a defendant acknowledges service, how much time do they get to file a defence?
A. 14 days from the deemed date of service of the claim form.
B. 14 days from the acknowledgment of service date.
C. 28 days from the deemed date of service of the particulars of claim.
D. 56 days from the deemed date of service of the particulars of claim.
C – 28 days from the deemed date of service of the particulars of claim.
Explanation: Under CPR 15.4, acknowledging service extends the time for filing a defence to 28 days from the deemed date of service of the particulars of claim.
A claimant serves a claim form and particulars of claim together on 1st July. The defendant acknowledges service on 5th July. By what date must they file their defence?
A. 15th July
B. 19th July
C. 29th July
D. 2nd August
D – 2nd August
Explanation: The deemed service date of the particulars of claim is 3rd July (if served by first-class post). Since an acknowledgment of service was filed, the deadline for the defence is 28 days later (i.e. 2nd August).
A defendant is served with a claim but needs more time to file a defence. The claimant refuses to agree to an extension. What should the defendant do?
A. File an application to court for an extension of time.
B. Do nothing and risk a default judgment.
C. File an acknowledgment of service, which automatically gives them 56 days to file a defence.
D. Apply for summary judgment.
A – File an application to court for an extension of time.
Explanation: Under CPR 15.5, if the claimant does not agree to an extension, the defendant must apply to court for an order granting more time.
A defendant serves a defence that does not address one of the claimant’s allegations. What can the court assume about this allegation?
A. The defendant disputes it.
B. The defendant accepts it.
C. The court will request clarification.
D. The defendant must apply for permission to amend their defence.
B – The defendant accepts it.
Explanation: Under CPR 16.5(5), if a defendant does not deal with an allegation, it is assumed to be admitted unless they state otherwise.
A defendant is served with a claim for £15,000 but has already paid the full amount before receiving the claim form. What should they do?
A. File an acknowledgment of service and request an extension of time.
B. File a defence stating the amount has already been paid.
C. File an application disputing jurisdiction.
D. Ignore the claim, as the debt has already been paid.
B – File a defence stating the amount has already been paid.
Explanation: Under CPR 15.10, if the defendant has already paid, they should file a defence confirming the payment.
A defendant files a defence that is unclear and lacks sufficient detail. What action can the claimant take?
A. Apply to strike out the defence for lack of clarity.
B. Apply for summary judgment on the basis that the defence is weak.
C. Serve a reply to the defence explaining the errors.
D. Wait for the court to request clarification.
A – Apply to strike out the defence for lack of clarity.
Explanation: Under CPR 3.4(2), a statement of case can be struck out if it discloses no reasonable grounds for defending the claim.
A defendant is served with a claim form but believes the claim should have been issued in Scotland. What should they do?
A. File an acknowledgment of service and then raise the issue later in the defence.
B. Apply to strike out the claim.
C. File an acknowledgment of service and apply to dispute jurisdiction.
D. File a defence and argue jurisdiction at trial.
C – File an acknowledgment of service and apply to dispute jurisdiction.
Explanation: Under CPR 11, if the defendant wishes to dispute jurisdiction, they must file an acknowledgment of service and make an application to the court.
A defendant wants to dispute a claim but misses the deadline to file their defence. What is the best course of action?
A. Apply for an extension of time.
B. Do nothing and risk default judgment.
C. File an acknowledgment of service late and ask the court to accept it.
D. Apply to set aside any default judgment and request permission to file a defence late.
D – Apply to set aside any default judgment and request permission to file a defence late.
Explanation: If default judgment has been entered, the defendant must apply to set it aside under CPR 13 and ask for permission to file a late defence.
