See also Practice Direction
10
Part
10
ACKNOWLEDGMENT OF SERVICE
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Acknowledgment of service
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10.1 |
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This Part deals with the procedure for filing an
acknowledgment of service.
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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.
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A defendant may file an acknowledgment of service if
–
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he is unable to file a defence within the period
specified in rule 15.4; or
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he wishes to dispute the court’s
jurisdiction.
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(Part 11 sets out the procedure for disputing the
court’s jurisdiction)
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Consequence of not filing an acknowledgment of
service
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10.2 |
If –
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a defendant fails to file an acknowledgment of
service within the period specified in rule 10.3; and
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does not within that period file a defence in
accordance with Part 15 or serve or file an admission in accordance with Part
14,
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the claimant may obtain default judgment if Part 12
allows it.
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The period for filing an acknowledgment of
service
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10.3 |
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The general rule is that the period for filing an
acknowledgment of service is –
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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
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in any other case, 14 days after service of the
claim form.
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The general rule is subject to the following rules
–
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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);
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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
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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
Directionpdp-06B supplementing Part 6
when it makes an order giving permission to serve a
claim form out of the jurisdiction).
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New text (c) added to Rule 10.3(2) w/e from 1 October 2005,
Text substituted in Rule 10.3(2)(a), (b) and (c) w/e from 1 October 2008. |
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Notice to claimant that defendant has filed an
acknowledgment of service
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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
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10.5 |
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An acknowledgment of service must –
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be signed by the defendant or the
defendant’s legal
representative; and
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include the defendants’ address for
service.
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(Rule 6.23 provides that an
address for service must be within the United
Kingdom)
(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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Amendments to Rule 10.5 w/e from 26 March 2001,
Text substituted in Rule 10.5(a) w/e from 1 October 2008,
Text substituted in first parenthesis below Rule 10.5(b) w/e from 1 October 2008. |