Workshop 2 Flashcards
What is the primary purpose of acknowledging service in civil procedure?
To confirm receipt of the claim and indicate intentions regarding the defense or jurisdiction.
Which CPR rule relates to responding to proceedings generally?
CPR 9
What does CPR 10 pertain to?
Acknowledging service
What are the possible steps a defendant might take in response to a claim according to CPR 9.2?
- File or serve an admission (CPR 14)
- File a defence (CPR 15)
- File an acknowledgment of service (CPR 10)
Why might a defendant choose to acknowledge service?
- Unable to file the defence in time
- Wishes to dispute the court’s jurisdiction
What is the general deadline for filing an acknowledgment of service?
14 days after service of the particulars of claim or claim form.
Is acknowledging service a compulsory step in a claim?
No, it is not compulsory.
What form is used to acknowledge service?
Form N9
What happens after a defendant files an acknowledgment of service?
The court notifies the claimant in writing.
What is the deadline for filing a defence if no acknowledgment of service is filed?
14 days from the deemed date of service of the particulars of claim.
What extension does filing an acknowledgment of service provide for the defence?
Extends the deadline to 28 days after the deemed date of service of the particulars of claim.
When must a defence be filed if a claim is contested?
Within the prescribed time limits set by CPR 15.4.
What circumstances allow for a longer period to file a defence?
- Claim form served out of jurisdiction
- Application disputing court’s jurisdiction
- Claimant applies for summary judgment
What agreement can the defendant and claimant reach regarding the defence filing period?
An extension of time for serving the defence of up to 28 days.
What must occur if an extension of more than 28 days is needed?
The defendant must apply to the court for a longer extension.
How does the court decide whether to grant an extension of time?
By considering the overriding objective and the impact of extra time on the claim.
What is the procedure if a defendant has already paid a debt before receiving a claim?
File a defence stating the debt has been paid, and the court will notify the claimant.
What happens if the claimant does not respond within 28 days after a defence of ‘money paid’ is filed?
The claim is stayed.
What must the claimant do if they wish to continue after a ‘money paid’ defence is filed?
Serve a copy of their response on the defendant.
What is the summary of actions a defendant must take when contesting a claim?
- File a defence within 14 days of deemed service
- File an acknowledgment of service if more time is needed
- Acknowledge service within 14 days of the claim form’s service.
