Acknowledging Service and Defending the Claim Flashcards
What are the possible steps D might take in response to a claim?
1) File or serve admission
2) File or serve defence
3) Part in part of both
4) File an acknowledgement of service (for more time or to dispute jurisdiction)
When must a D acknowledge service?
1) If unable to file in time and needs longer than 14 days from deemed date of service
2) If it wishes to dispute jurisdiction to hear claim
When must acknowledgement of service be made?
1) Must be 14 days after service of claim form, or
2) 14 days after particulars of claim if they are to follow the claim form
What are deadlines for filing a defence?
1) 14 days after deemed service if not acknowledgement of service
2) 28 days after deemed service if it does acknowledge the service
What happens after acknowledgement of service?
The court will notify claimant, as will D’s solicitor likely do so
In what circumstances might a longer period for filing a defence apply?
1) Claim form served out of jurisdiction
2) D makes application disputing court’s jurisdiction
3) Claimant applies for summary judgement
4) Court makes order on agent of a principal who is overseas
When could the 28 days be extended by more? And by how much?
If both parties agree
It can be extended for another 28 days for up to 56 days
Court must be notified in writing
Can the defendant get longer than 56 days? How?
Not by agreement, but by applying to the court for an order.
Can the claimant and defendant not agree to longer than 56 days between them?
No, they will need a court order
What type of response is a money paid response?
A defence
What is the process of a ‘money paid’ response?
1) D has paid C before receiving claim
2) Court will send notice to C, asking them
3) C has 28 days to respond
4) C must serve copy of response on D no matter what
5) If C doesn’t continue, that is end of case
6) If C does continue, claim will proceed as a defended claim
