Aknowledging Service And Responding To Claim

Question 1

Why acknowledge service?

Answer 1

The D will file an AS

• If the D is unable to file a defence within 14days from the deemed date of service of the POC or
• if it wishes to dispute the court’s jurisdiction to hear the claim

Question 2

When to acknowledge service

Answer 2

If CF is served without POC, AS needs to be filed 14 days after receiving POC

In any other case, 14 days after CF

AS is not a must if DEFENCE is ready, just file defence

Question 3

How to AS

Answer 3

The D uses the form in response pack. Confirms name and gives address for service of documents.

The D will indicate whether they intend to defend all or part of the claim or contest jurisdiction

Question 4

What happens after AS

Answer 4

The court notifies the C in writing that this has been done. CPR 10.4 and the D’s solicitors notify the C as well.

D need to ensure defence is filed

C need to be ready to apply for default judgment if no defence is filed

Question 5

When do you defend ?

Answer 5

A longer period for filing the defence might apply

• where the CF has been served out of jurisdiction
• where a D disputes jurisdiction
• where C applies for a summary judgment before defence is filed
• where the court makes an order for service of a CF on an agent of a principal overseas, the court will specify the period

Question 6

Extending Time for Defence

Answer 6

Both parties can agree an extension of time for serving a defence up to 28 days CPR15.5

If extension is agreed, notify the court

Question 7

Involving the Court in Extension Application

Answer 7

If parties do not agree to 28days extension, D must apply to the court with reasons.
The impact of the extra time on the conduct of the claim will be relevant.

Question 8

Response of defence of money paid

Answer 8

If court receives such response, notify the C
C must respond within 28 days
A copy of response is served to D
The case ends if C does not wish to continue

Question 9

If D AS indicating an intention to defend

Answer 9

This will extend the period for filing defence up to 14 days from the DDS of particulars of claim

Question 10

If after filing AS, D cannot file defence by the deadline

Answer 10

Request a further extension of 28 days from claimant any notify court in writing

Question 11

If CF is served with POC when does AS need to be filed ?

Answer 11

Within 14 days after service of CF

Question 12

If CF is served and later follows with POC

Answer 12

File AS within 14 days after service of POC

Question 13

If CF is served with POC L, when does defence need to be filed

Answer 13

Within 14 of service of POC