Filing a Defence

[CYNthesys]

I understood that if a Defendant files an acknowledgement of service within 14 days of a claim being served he/she had a further 14 days in which to file a defence.

Ive just come across this on the Europa website, maybe Im reading it wrong but it seem to suggest that if an acknowledgement is filed straightaway the time for serving a defence is reduced.
Any ideas please?

1. Various types of deadlines applicable under the various procedural rules in civil matters.

The main types of deadlines are as follows:
Time for responding to a claim - On receipt of a claim form or the particulars of claim if served separately, the defendant has 14 days to either respond to the claim or to file an acknowledgement of service. Upon filing an acknowledgement of service, the defendant then has 14 further days to prepare a defence. That means that the defendant can have up to 28 days to respond to the claim but if he or she files the acknowledgement of service the day after receipt of the particulars of claim, the defendant only has 15 days to file a defence.
http://ec.europa.eu/civiljustice/tim...its_eng_en.htm

[Amethyst]

Re: Filing a Defence

I haven;t seen that before - it has always been as you said first, within the first 14 days to acknowledge extends the defence date to 28 days (ie the timing isnt measured from acknoewledgement of service it is measured from date of service) I'd certainly say they are wrong.


Our view is certainly backed up by the CPR; part 10 and 15;

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.


15.4

(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or

(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

[frisp]

Re: Filing a Defence

Do you have to file a defence then or just acknowledge and wait to file when you see what they disclose. If you wait it will surely help tighten up any defence if you know what they're going to rely on.

Didn't PT make this point in another thread

[Amethyst]

Re: Filing a Defence

In Cyn's case she is bringing the claim. But yes, you would be better asking for disclosure under 31.14 and an extension of time to file the defence under cpr ummmm 15 ? as then you don't have to amend defence later and have all the info to hand before entering. It must be agreed with the sols and the court notified though, don't just submit a 31.14 then leave it till they reply. The exension can be up to 56 days from service of the claim (so an additional 28 days)

[frisp]

Re: Filing a Defence

Oh ok thanks Ame