Responding to a claim

Question 1

When does a defendant have to respond to a claim (in order to avoid default judgment)?

Answer 1

When both the claim form and the particulars of claim have been served on them.

Question 2

What are the options for responding to a claim for defendants?

Answer 2

The defendant can:

1. File an admission (Part 14 CPR)
2. File an acknowledgement of service (Part 10 CPR)
3. File a defence (Part 15 CPR)

Question 3

What are the time limits for a defendant responding to a claim?

Answer 3

The defendant must respond within 14 days of service of the particulars of claim.

If the defendant filed an acknowledgement, they have 28 days from service of the particulars of claim to file their defence.

Question 4

Can the deadline for filing a defence be extended?

Answer 4

Yes, the deadline for filing a defence may be extended by a maximum of 28 days if the other parties agree.

This means that assuming the defendant filed an acknowledgement of service, they have a total of 56 days from service of the particulars of claim to file their defence.

Any further extension requires the court’s permission.

Question 5

What can the defendant do in its response if it also wants to claim against the claimant?

Answer 5

The defendant can attach a counterclaim to its defence.

Question 6

Can a defendant dispute the court’s jurisdiction?

If so, how?

Answer 6

Yes, a defendant can dispute jurisdiction.

To do so, this must be stated on the acknowledgment of services.

The defendant then has 14 days after filing the acknowledgment of service form to make a challenge, failing which they will be treated as having submitted to the jurisdiction.

IMPORTANT: If the defendant files a defence, they will be treated as having submitted to the jurisdiction.

Question 7

Can a claimant defend a defendant’s counterclaim?

Answer 7

Yes.

If a claimant decides to dispute the counterclaim, they must file a defence to the counterclaim within 14 days.

An extension of up to 28 days can be agreed with the defendant.

Question 8

What happens if a claimant fails to defend a counterclaim?

Answer 8

If a claimant fails to file a defence to a counterclaim within 14 days of service of the counterclaim, the defendant may enter default judgment on the counterclaim.