GDPR Cookie Consent by SimpleServe Privacy Script Acknowledgment of a Claim Form - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Acknowledgment of a Claim Form

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Acknowledgment of a Claim Form

    A defendant may file an acknowledgment of service if they are unable to file a defence within the period specified in rule 15.4 of the Civil Procedure Rules or they wish to dispute the court’s jurisdiction.

    If a defendant fails to file an acknowledgment of service within the period specified and 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.

    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).

    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).

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




    Source: Gov.UK - Civil Procedure Rules

    https://www.justice.gov.uk/courts/pr...l/rules/part10



    Legal Disclaimer

    I am a Litigation Assistant at
    Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at sam@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk
Working...
X