Topic 2- acknowledging service and defending the claim

Question 1

when should acknowledging service be served>

Answer 1

if particulars are attached- 14 days after service of claim form.
if particulars are separate- 14 days after service of particulars.

extends deadline for 28 days after the deemed date of service for particulars of claim.

Question 2

when should the defence be filed?

Answer 2

14 days after service of particulars of claim.

can agree an extension with other party up to 28 days- court must be notified in writing.

if no agreement…. can apply to court.

Question 3

what is default judgement?

Answer 3

applying for judgement to be granted in the claimant’s favour without a trial if the D has not responded to a claim.

Question 4

when must the court set aside default judgement>

Answer 4

if judgement was wrongly entered e.g D had actually defended or acknowledged service within right time.

Question 5

when does the court have discretion to set aside judgement?

Answer 5

if D has a real prospect of successfully defending the claim etc.