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This Part is referred to in: Comm Ct Guide - Pt B (B7.10), (B7.9), Comm Ct Guide - Pt C (C3.2), Comm Ct Guide - App 1 (), Court Service Guide (18.), Court Service Guide (18.), PDP 06b (7.3), PDP 10 (1.2), PDP 12 (1.1), PDP 41 (5.1), Thorn v MacDonald [38], RSC 11 (1A), (1A), (4), RSC 11b (7.1), RSC 44 (2), PDR 11b (7.1), Part 06 (6.22), (6.30), Part 08 (8.3), Part 09 (9.2), Part 11 (11), Part 12 (12.1), (12.3), Part 15 (15.4), Part 16 (16.5), Part 19 (19.8A), Part 20 (20.4), Part 25 (25.2), Part 55 (55.7), Part 57 (57.4).

CIVIL PROCEDURE RULES

PART 10 ACKNOWLEDGMENT OF SERVICE

See also Practice Directions

CONTENTS OF THIS PART

Acknowledgment of service Rule 10.1
Consequence of not filing an acknowledgment of service Rule 10.2
The period for filing an acknowledgment of service Rule 10.3
Notice to claimant that defendant has filed an acknowledgment of service Rule 10.4
Contents of acknowledgment of service Rule 10.5

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)

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.

This Rule is referred to in: PDP 49 (6.1), PDP 49a (6.1), Thorn v MacDonald [40], Part 57 (57.10).

This Rule is referred to in: Civil Procedure (Amendment No. 2) Rules 2001 (19).

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 6.22 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction); and

(b)rule 6.16(4) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).

This Rule is referred to in: Comm Ct Guide - Pt B (B7.4), (B7.4), PDP 49 (4.), PDP 49a (4.), Thorn v MacDonald [40], Part 08 (8.3), Part 24 (24.4), Part 25 (25.6), Part 54 (54.8).

This Rule is referred to in: Civil Procedure (Amendment No 2) Rules 2000 (6), Civil Procedure (Amendment No 4) Rules 2000 (30).

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.

This Rule is referred to in: PDP 04 (1.2.), Part 19 (19.8A).

This Rule is referred to in: Civil Procedure (Amendment) Rules 2001 (10).

CONTENTS OF ACKNOWLEDGMENT OF SERVICE

10.5 (1) An acknowledgment of service must --
(a)be signed by the defendant or his legal representative; and

(b)include the defendants' address for service.

(Rule 6.5 provides that an address for service must be within the jurisdiction)
(RSC Order 81, in Schedule 1, makes special provision in relation to the acknowledgment of service in a claim against a firm)
(The Contentious Probate Proceedings Practice Direction provides that a defendant who wishes to defend a contentious probate claim must file an acknowledgment of 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).

This Rule is referred to in: Part 08 (8.3), Part 19 (19.8A).

This Rule is referred to in: Civil Procedure (Amendment) Rules 2001 (10).

Amendments to Rule 10.5 w/e from 26 March 2001,