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This Part is referred to in: Part 06 (6.35), Part 06_old (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), Part 63 (63.7), Part 65 (65.17), PDP 06b (6.3), PDP 07 (5B.3), PDP 07e (7.1), PDP 10 (1.2), PDP 12 (1.1), PDP 41 (5.1), PDP 51c (7.1), RSC 44 (2), QB Guide - Chapter 5 (5.2), Comm Ct Guide - Pt B (B8.3), Court Service Guide (Intro), Court Service Guide (Intro), Godwin v Swindon BC [25], Hoddinot v Persimmon Homes (Wessex) Ltd [26], Moat Housing Group South Ltd v Harris [60], Sowerby v Charlton [12], Thorn v MacDonald [38].
This Part is referred to in the following SIs: Civil Procedure (Amendment) Rules 2009 (23), Civil Procedure (Amendment) Rules 2002 (6), Civil Procedure (Amendment No. 2) Rules 2001 (19), Civil Procedure (Amendment) Rules 2000 (41), Civil Procedure Amendment Rules 2004 (21), Civil Procedure (Amendment) Rules 2001 (10), Civil Procedure (Amendment) Rules 2008 (44), Court of Protection Rules 2007 (76), (202), Civil Procedure (Amendment) Rules 2001 (6), Civil Procedure (Amendment) Rules 2008 (8), Court of Protection Rules 2007 (77), Civil Procedure (Amendment) Rules 2001 (32), Court of Protection Rules 2007 (Notes), Civil Procedure (Amendment) Rules 2000 (6), Civil Procedure (Amendment No. 4) Rules 2005 (19), Civil Procedure (Amendment) Rules 2000 (41).

See also Practice Direction 10

Part 10 ACKNOWLEDGMENT OF SERVICE

Contents of this Part
Title Number
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)

This Rule is referred to in: Part 78 (78.6), PDP 61 (3.11), Sowerby v Charlton [12].
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2008 (44).
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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.

This Rule is referred to in: Part 57 (57.10), Part 78 (78.7), Bailey v Warren [157], Godwin v Swindon BC [25], Thorn v MacDonald [40].
This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 2) Rules 2001 (19), Civil Procedure (Amendment) Rules 2008 (44).
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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 Directionpdp-06B supplementing Part 6 when it makes an order giving permission to serve a claim form out of the jurisdiction).
This Rule is referred to in: Part 08 (8.3), Part 24 (24.4), Part 25 (25.6), Part 54 (54.8), Part 78 (78.6), QB Guide - Chapter 5 (5.1), Cranfield v Bridgegrove Ltd [49], Godwin v Swindon BC [25], Thorn v MacDonald [40].
This Rule is referred to in the following SIs: Civil Procedure (Amendment No 2) Rules 2000 (6), Civil Procedure (Amendment No 4) Rules 2000 (30), Civil Procedure (Amendment No. 3) Rules 2005 (17), (Notes), Civil Procedure (Amendment) Rules 2008 (44), (44), (8).
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
10.4   

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

This Rule is referred to in: Part 19 (19.8A), PDP 04 (3.2).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (10), Civil Procedure (Amendment) Rules 2002 (6).
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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 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).

This Rule is referred to in: Part 08 (8.3), Part 19 (19.8A), PDP 54 (7.1), PDP 54a (7.1), QB Guide - Chapter 5 (5.2), Agassi v Robinson [52].
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (10), Civil Procedure (Amendment) Rules 2002 (6), Civil Procedure (Amendment) Rules 2008 (44), (8), (8).
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.
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