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White Book Updating Service

Contents

 

Part 10 ACKNOWLEDGMENT OF SERVICE

Acknowledgment of service

10.1

(1) This Part deals with the procedure for filing an acknowledgment of service.

(2) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.

(3) A defendant may file an acknowledgment of service if –

(a) he is unable to file a defence within the period specified in rule 15.4; or

(b) he wishes to dispute the court’s jurisdiction.

(Part 11 sets out the procedure for disputing the court’s jurisdiction)

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Consequence of not filing an acknowledgment of service

10.2

If –

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

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The period for filing an acknowledgment of service

10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

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Notice to claimant that defendant has filed an acknowledgment of service

10.4

On receipt of an acknowledgment of service, the court must notify the claimant in writing.

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Contents of acknowledgment of service

10.5

(1) An acknowledgment of service must –

(a) be signed by the defendant or the defendant’s legal representative; and

(b) include the defendants’ address for service.

(Rule 6.23 makes provision in relation to addresses for service.)

(Rule 19.8A modifies this Part where a notice of claim is served under that rule to bind a person not a party to the claim).

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