PART 10E+WACKNOWLEDGMENT OF SERVICE
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 serviceE+W
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 serviceE+W
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.
The period for filing an acknowledgment of serviceE+W
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)[F1rule [F26.35]] (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction [F3under rule 6.32 or 6.33]); F4...
(b)rule [F56.12(3)] (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule) [F6; and
(c)rule [F76.37(5)] (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to [F8Practice Direction 6B] when it makes an order giving permission to serve a claim form out of the jurisdiction).]
Textual Amendments
F1Words in rule 10.3(2)(a) substituted (2.5.2000) by The Civil Procedure (Amendment No. 2) Rules 2000 (S.I. 2000/940), rules 1, 6
F2Word in rule 10.3(2)(a) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 8(a)(i)(aa)
F3Words in rule 10.3(2)(a) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 8(a)(i)(bb)
F4Word in rule 10.3(2)(a) omitted (1.10.2005) by virtue of The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 17(a)
F5Words in rule 10.3(2)(b) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 8(a)(ii)
F6Rule 10.3(2)(c) and word inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 17(b)
F7Word in rule 10.3(2)(c) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 8(a)(iii)(aa)
F8Words in rule 10.3(2)(c) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 9
Commencement Information
Notice to claimant that defendant has filed an acknowledgment of serviceE+W
10.4 On receipt of an acknowledgment of service, the court must notify the claimant in writing.
Contents of acknowledgment of serviceE+W
10.5 An acknowledgment of service must—
(a)be signed by the defendant or [F9the defendant’s] legal representative; and
(b)include the defendant’s address for service.
[F10(Rule 6.23 makes provision in relation to addresses for service.)]
[F11(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)]
Textual Amendments
F9Words in rule 10.5(a) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 8(b)
F10Words in rule 10.5 substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 7
F11Words in Pt. 10 inserted (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 6
Commencement Information