Responding to Proceedings

Question 1

What are the different ways to respond to proceedings?

Answer 1

• Admission – CPR14
• Defence – CPR 15
• Acknowledgement of service – CPR 10

Question 2

When should you use acknowledgement of service?

Answer 2

• Unable to file defence within 14 days of deemed date of service of particulars
• Dispute jurisdiction

Question 3

What is the general period for acknowledging service?

Answer 3

• Claim form with particulars to follow = 14 days after service of particulars
• Other case = 14 days after service of claim form

Question 4

What is the deadline for filing defence if acknowledged?

Answer 4

28 days from particulars

Question 5

What is the process for a money paid response?

Answer 5

• Court send notice to C asking if correct
• C – 28 days to respond (claim stayed if not)
• C must serve response on D
• C not wishes to continue = end
• C wishes to continue = claim proceeds as defended claim

Question 6

When may the time limit for filing a defence be extended?

Answer 6

o Claim form served out of jurisdiction – depends on country
o Disputing jurisdiction – no need to file defence before hearing of that application
o C applies for summary judgement – same above
o Court order for service of claim form on agent/principal overseas – court specifies

Question 7

How can the time period for filing a defence be extended?

Answer 7

D + C agree = up to 28 days extra (so max possible = 56 days) (court must be notified)
Applying to court - considering
o Reasons
o Impact on conduct of claim